nudum pactum (n[y]oo-d[schwa]m pak-t[schwa]m). [Latin “bare agreement”] 1. Roman law. An informal agreement that is not legally enforceable, because it does not fall within the specific classes of agreements that can support a legal action. • But a pactum could create an exception to or modification of an existing obligation. 2. An agreement that is […]
A marriage in which the parties agree to be married only for certain reasons. • An example is a marriage in which the parties agree to marry so that a child will not be born illegitimate but agree not to live together or to have any duties toward each other. Courts have usu. found these
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betrothal. 1. Eccles. law. A religious ceremony confirming an agreement to marry. • Historically, a betrothal was performed months or years before the parties wedded. It was in theory as legally binding as a marriage and created an impediment to marriage with any other person, but not an insurmountable impediment. In modern form, the betrothal
negotiate, vb. 1. To communicate with another party for the purpose of reaching an understanding (they negotiated with their counterparts for weeks on end). 2. To bring about by discussion or bargaining (she negotiated a software license agreement). 3. To transfer (an instrument) by delivery or indorsement, whereby the transferee takes the instrument for value,
A contract for the sale of goods under which the buyer makes periodic payments and the seller retains title to or a security interest in the goods. — Also termed retail installment contract and security agreement; conditional sales contract. Cf. chattel mortgage under MORTGAGE. [Cases: Consumer Credit 4. C.J.S. Interest and Usury; Consumer Credit §§
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most-favored-nation clause. 1. A clause in an agreement between two nations providing that each will treat the other as well as it treats any other nation that is given preferential treatment. [Cases: Treaties 8. C.J.S. Treaties § 6.] 2. By extension, such a clause in any contract, esp. an oil-and-gas contract. — Often shortened to
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An obligation composed of multiple performances that can be separately rendered or enforced; esp., an obligation in which several objects are connected by and (not or) or are in some other way clearly meant to be separately included in the contract. • For example, a loan agreement’s conjunctive obligation may require payment of four loan
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stifling of a prosecution. An agreement, in exchange for money or other benefit, to abstain from prosecuting a person. [Cases: Compounding Offenses 1. C.J.S. Compounding Offenses § 1.]
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An agreement between countries directly or indirectly establishing a unilateral or reciprocal guarantee. — Also spelled guaranty treaty. — Also termed treaty of guarantee; quasi-guarantee treaty; pseudo-guarantee treaty.
third party, n. A person who is not a party to a lawsuit, agreement, or other transaction but who is usu. somehow implicated in it; someone other than the principal parties. — Also termed outside party; third person. See PARTY. [Cases: Federal Civil Procedure 281; Parties 49. C.J.S. Parties § 127.] — third-party, adj.