![]() |
||||||||||||||||
|
||||||||||||||||
|
Deed
DeedOnly in relatively rare circumstances is a deed required to complete a transaction. In a commercial situation the most common use is where a variation or concession is made without the other party giving anything in return. A deed is enforceable regardless of the legal requirements for contracts such as the need for consideration. Where a deed is necessary, there are special requirements for a company wishing to enter into such an arrangement which may either involve use of the company or the signature of two directors or a director and a company secretary. RELATED TERMS-------------------------------------- Deed Only in relatively rare circumstances is a deed required to complete a transaction. In a commercial situation the most common use is where a variation or concession is made without the other party giving anything in return. A deed is enforceable regardless of the legal requirements for contracts such as the need for consideration. Where a deed is necessary, there are special requirements for a company wishing to enter into such an arrangement which may either involve use of the company or the signature of two directors or a director and a company secretary. Transaction Contracts, civil law. An agreement between two or more persons, who for the purpose of preventing or putting an end to a law-suit, adjust their differences by mutual consent, in the manner which they agree on; in Louisiana this contract must be reduced to writing. Common marriage law. a marriage in which no formal ceremony took place and no license exists. Concession A grant. Without Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause. Party Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement. Return Contracts, remedies. Persons who are beyond the sea are exempted from the operation of the statute of limitations of Pennsylvania, and of other states, till after a certain time has elapsed after their returning. Legal That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust. Consideration Under common law, there can be no binding contract without consideration, which was defined in an 1875 English decision as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other". Common law did not want to allow gratuitous offers, those made without anything offered in exchange (such as gifts), to be given the protection of contract law. So they added the criteria of consideration. Consideration is not required in contracts made in civil law systems and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract. Special That which relates to a particular species or kind, opposed to general; as special verdict and general verdict; special imparlance and general imparlance; special jury, or one selected for a particular case, and general jury; special issue and general issue, &c. Company An association of a number of individuals for the purpose of carrying on some legitimate business. Signature 1) Ecclesiastical law. The name of a sort of rescript, without seal, containing the supplication, the signature of the pope or his delegate, and the grant of a pardon 2) pract. contr. By signature is understood the act of putting down a man's name, at the end of an instrument, to attest its validity. The name thus written is also called a signature. Directors Persons who are appointed to the board of directors under procedures contained in the Articles of Association are the directors of the company. Shadow directors may also be treated as directors in some circumstances. Executives whose job title describe them as a director but are not members of the board are not treated as directors, although they may have ostensible authority to bind the company as if they were. Secretary An officer who, by order of his superior, writes letters and other instruments. He is so called because he is possessed of the secrets of his employer. This term wag used in France in 1343, and in England the term secretary was first applied to the clerks of the king, who being always near his person were called clerks of the secret, and in the reign of Henry VIII. the term secretary of state came into it. SIMILAR TERMS-------------------------------------- PREVIOUS AND NEXT TERMS-------------------------------------- Decree of registration Scotch law. A proceeding by which the creditor has immediate execution. Decretal order Chancery practice. An order made by the court of chancery, upon a motion or petition, in the nature of a decree. Dedi Conveyancing. I have given. This word amounts to a warranty in law, when it is in a deed. Dedimus Practice. The name of a writ to commission private. persons to do some act in the place of a judge; as, to administer an oath of office to a justice of the peace, to examine witnesses, and the like. Dedimus potestatem de attorno faciencdo The name of a writ which was formerly issued by authority of the crown in England to authorize an attorney to appear for a defendant. Deed Deed poll Contracts. A deed made by one party only is not indented, but polled or shaved quite even, and is, for this reason, called a deed poll, or single deed. Deem To accept a document or an event as conclusive of a certain status in the absence of evidence or facts which would normally be required to prove that status. For example, in matters of child support, a decision of a foreign court could be "deemed" to be a decision of the court of another for the purpose of enforcement. Defalcation Practice, contracts. The reduction of the claim of one of the contracting parties against the other, by deducting from it a smaller claim due from the former to the latter. Defamation An attack on the good reputation of a person, by slander or libel. Default "1) The neglect to perform a legal obligation or duty; but in technical language by default is often understood the non-appearance of the defendant within the time prescribed by law, to defend himself; it also signifies the non-appearance of the plaintiff to prosecute his claim. 2) Contracts, torts. It is enacted that ""no action shall be brought to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement"", ""shall be in writing,"" By default under this statute is understood the non-performance of duty, though the same be not founded on a contract. We thank you for using the Juridical Dictionary to search for Deed. If you have a better definition for Deed than the one presented here, please let us know by making use of the suggest a term option. This definition of Deed may be disputed by other professionals. Our attempt is to provide easy definitions on Deed and any other medical topic for the public at large.
|
|||||||||||||||
| © Juridical Dictionary 2005. All rights reserved. | ||||||||||||||||