ex aequo et bono (eks ee-kwoh et boh-noh). [Latin] According to what is equitable and good. • A decision-maker (esp. in international law) who is authorized to decide ex aequo et bono is not bound by legal rules and may instead follow equitable principles. For example, article 38(2) of the Statute of the International Court […]
jus dispositivum (j[schwa]s dis-poz-[schwa]-tI-v[schwa]m), n. [Latin “law subject to the disposition of the parties”] Int’l law. A norm that is created by the consent of participating nations, as by an international agreement, and is binding only on the nations that agree to be bound by it. Cf. JUS COGENS(1).
tying, adj. Antitrust. Of or relating to an arrangement whereby a seller sells a product to a buyer only if the buyer purchases another product from the seller (tying agreement). [Cases: Monopolies 17.5(2). C.J.S. Monopolies §§ 100, 102.]
finalis concordia (fi-nay-lis k[schwa]n-kor-dee-[schwa]). [Latin] A final or conclusive agreement. See final concord under CONCORD; FINE(1).
bénéfice (bay-nay-fees). [French “benefit”] French law. A benefit or advantage; esp., a privilege given by law rather than by agreement of the parties.
A promise that is prohibited because the performance, formation, or object of the agreement is against the law. • Technically speaking, an illegal contract is not a contract at all, so the phrase is a misnomer. Cf. unenforceable contract; void contract. [Cases: Contracts 103. C.J.S. Contracts §§ 195–200, 213–214.]
preexisting-duty rule. Contracts. The rule that if a party does or promises to do what the party is already legally obligated to do — or refrains or promises to refrain from doing what the party is already legally obligated to refrain from doing — the party has not incurred detriment. • This rule’s result is
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disgrading. Hist. 1. The act of degrading. 2. The depriving of an order; the depriving of a dignity. “Disgrading, or degrading, is when a man having taken upon him a dignity temporal or spiritual, is afterwards thereof deprived, be he knight, clerk or other. Whereof if a clerk be delivered to his ordinary, and cannot
A seller’s promise to repair or replace goods, or the like, or to refund the price if the goods (1) do not conform to the contract or to a representation at the time of the delivery of the goods, (2) conform at the time of delivery but later fail to perform as agreed, or (3)
An account whose assets are clearly ascertained, either by agreement of the parties or by law.
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