PRAZSTARE
Lat. In Roman law. “Prestare” meant to make good, and, when used in conjunction with the words “dere,” “facere,” “oportere,” denoted obligations of A personal character, as opposed to real rights.
Category: Contracts
Found 629 results · Showing 451–480
PREMISES
mary proof. In insurance. The first proof offered of a loss occurring under the policy, usually sent in to the underwriters with notification of claim.
PRENDER, PRENDRE
L. Fr. To take. The power or right of taking a thing without waiting for it to be offered. See A
PRESENT
PRESENT, v. In English ecclesiastical law. To offer a clerk to the bishop of the diocese, to be instituted. 1 Bl. Comm. 389.
PRETEXTS
contract by which one of the parties delivers an
PREVIOUS QUESTION
in the procedure of: parliamentary bodies, moving the “previous question” is-a method of ‘avoiding a direct vote on the main subject of ‘discussion." It is described in May, Parl.: Prac, 277. oer { ; “ :
Prickett, 19 Wall
140, 22 L: Ed. 103.—Ace tionable misrepresentation. A false statement respecting a fact material to the contract and which is {nfluential in procuring it. Wise v. Faller, 29 N. J. Eq. 257.—Actionable negmee. The breach or nonperformance of a lega...
Principal and accessory. A pence
contract is one which stands by itself, justifies its own existence, and is not subordinate or auxiliary to any other. Accessory contracts are those made for assuring. the performance of a prior coairees alr by the aay ephrig ia by ot J such as suret...
PROCHEIN. UL
Fr. Next. A term somewhat used in modern law, and more frequently in the old law; as prochein ami, prochein cousin. Co. Litt. 10. —~Prochein ami. Next friend. As an infant cannot legally sue in his own name, the action must be brought by his proche...
PROMISE
PROMISE. A _ declaration, verbal or written, made by one person to another for a good or valuable consideration in the nature of a covenant by which the promisor binds himself to do or forbear some act, and gives to the promisee a legal: right to dem...
PROMUTUUM
Lat. In the civil law. A quasi contract, by which he who receives a certain sum of money, or a certain quantity of fungible things, which have been paid to him through mistake, contracts towards the payer the obligation of returning him as much. Poth...
Prop
p. 131, § 119.—Advowson in gross. An advowson separated from the manor, and annexed to the person. 2 Bl. Comm. : 3 p. 144, § 129. Where the annexation is to the use of a lay person, it is usually called an “impropriation.” 1 Crabb, Real Prop...
PROVOST
or actions on the part of one person towards another as tend to arouse rage, resentment, or fury in the latter against the former, and thereby cause him to do some Illegal act against or in relation to the person offering the provocation. See State v...
PUBLICATION
arpa & a pace devoted solely to the uses of the public, but a place which is in point of fact public rather than private, a place visited by many persons and usually accessible to the public. See State v. Welch, 88 Ind. 310; Gomprecht v. State, 36 Te...
PURPART
PURE. Absolute; complete; simple; unmixed; unqualified; free from conditions or restrictions; as in the phrases pure charity, pure debt, pure obligation, pure plea, pure villenage, as to which see the nouns.
PUTATIVE
PURSUIT OF HAPPINESS. As used in constitutional law, this right includes personal freedom, freedom of contract, exemption from oppression or invidious discrimination, the right to follow one’s individual preference in the choice of an occupation an...
QUALE JUS
Lat. In old English law. A judicial writ, which lay where a man of religion had judgment to recover land be fore execution was made of the judgment. It went forth to the escheator between judgment and execution, to inquire what right the religious pe...
Quando ocharta
continet gencralem clausulam, posteaquc descendit ad verba specialia qus clausuls genorali sunt consentanca, interpretanda est charta secundum vworba specialia. When a deed
QUERELA INOFFICIOSI
offer to the king of ten marks or upwards, in consideration of any grant or privilege conferred
QUOD JUSSU
Lat. In the civil law, The name of an action given to one who had contracted with a son or slave, by order of the father or master, to compel such father or master to stand to the agreement. Hallifax, Civil Law, b. 3, c. 2, no. 3; Inst. 4, 7, 1.
QUOD PARTES REPLACITENT. That
the parties do replead. The form of the judgment on award of a repleader. 2 Salk. 579.
R. A. 623, 61 Am. St. Rep
30.—Legal notice. Such notice as is adequate in point of law; such notice as the law requires to be given for the specific purpose or in the particular case. See Sanborn v. Piper, 64 N. H. 335, 10 Atl. 63); People’s Bank v. Etting, 17 Phila. (Pa....
R. A. 708, 16 Am. St. Rep
231; In _re Lesser (D. C.) 100 Fed. 436.—First lien. One which takes priority or precedence over all other charges or incumbrances upon the same piece of property, and which must be satisfied before such other char are entitled to participate in th...
R. Co., 102 U. S. 580, 26 L. Ed
225; Weldon v. Philadelphia, W. & B. R. Co., 2 Pennewill (Del.) 1, 43 Atl. 159. An owner owes to a licensee no duty as to the condition of the premises (unless imposed by statute) save that he should not knowingly let him run upon a hidden peril or w...
R. Co., 54 N. J. Eq
167, 33 Atl. $986.—Stay of proceedings. e temporary suspension of the regular order of proceocnee in a cause, by direction or order of the court, usually to await the action of one of the parties in regard to some omitted step or some act which the...
Raley v. Umatilla County, 15 Or
172, 13 Pac. 890, 3 Am. St. Rep. 142, Express and implied conditions are also called by the older writers, respectively, conditions in deed (or in fact, the Law French term being conditions en fait) and conditions in law. Co. Litt. 201. :
REBELLIOUS ASSEMBLY. In Eng
lish law. <A gathering of twelve persons or more, intending, going about, or practicing unlawfully and of their own authority to thange any laws of the realm; or to destroy the inclosure of any park or ground inclosed, banks of fish-ponds, pools, con...
RECEPTUS
Lat. In the civil law. The name sometimes given to an arbitrator, because he had been received or chosen to settle the differences between the parties. Dig. 4, 8; Cod. 2, 56.
RECIPROCAL CONTRACT. A =
tract, the parties to which enter into mutual engagements. A mutual or bilateral contract.
RECKLESSNESS
cation “recht” (or “drott,” or “dirttto,” or “right”) is the correlative of “duty” or “obligation.” In the former sense, it may be considered as opposed to wrong, injustice, or the absence of law. The word “rechi” has the ...