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| This dictionary contains: 8526 juridical terms |
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Failure of consideration
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Failure of considerationWant or absence of a legal consideration.
RELATED TERMS--------------------------------------
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.
SIMILAR TERMS--------------------------------------
Failure
A total defect; an omission; a non-performance. Failure also signifies a stoppage of payment; as, there has been a failure to-day, some one has stopped payment.
Failure of evidence
Absence of legal evidence.
Failure of issue
Want or non-existence of descendants; more particularly, lack of issue who may take an estate limited over by an executory devise.
Failure of justice
Defeat of right and justice from want of legal remedy.
Failure of record
The neglect to produce the record after having pleaded it. When a defendant pleads a matter, and offers to prove it by the record, and then pleads nul tiel record, a day is given to the defendant to bring in the record if he fails. to do so, he is said to fail, and there being a failure of record, the plaintiff is entitled to judgment. Termes de lay Ley.
Failure of title
Defect or want of title.
Failure of trust
Defeat of a proposed trust from want of constituting facts or elements or of law to effectuate the object.
Failure to arraign
All individuals who are arrested must be taken to court?that is, ?arraigned??within 48 hours of the time of arrest, excluding Sundays and holidays.ÿ If the 48 hours expires at a time when the court is not in session, the time shall be extended to include the duration of the next court date.ÿÿ Anyone who is not arraigned within this time frame will be released from custody without delay.
PREVIOUS AND NEXT TERMS--------------------------------------
Factory
Scotch law. A contract which partakes of a mandate and locatio ad operandum, and which is in the English and American law books discussed under the title of Principal and Agent.
Factum
1) A deed. a man's own act and deed. When a man denies by his plea that he made a deed on which he is sued, be pleads non estfactum. 2)French law. A memoir which contains summarily the fact on which a contest has happened, the means on which a party founds his pretensions, with the refutation of the means of the adverse party.
Factum probandum
The fact to be proved.
Faculty
1)Canon law. A license; an authority. For example, the ordinary having the disposal of all seats in the nave of a church, may grant this power, which, when it is delegated, is called a faculty, to another. 2)French law. Equivalent to ability or pow-er. The term faculty is more properly applied to a power founded on the consent of the party from whom it springs, and not founded on property.
Failure
A total defect; an omission; a non-performance. Failure also signifies a stoppage of payment; as, there has been a failure to-day, some one has stopped payment.
Failure of consideration
Failure of evidence
Absence of legal evidence.
Failure of issue
Want or non-existence of descendants; more particularly, lack of issue who may take an estate limited over by an executory devise.
Failure of justice
Defeat of right and justice from want of legal remedy.
Failure of record
The neglect to produce the record after having pleaded it. When a defendant pleads a matter, and offers to prove it by the record, and then pleads nul tiel record, a day is given to the defendant to bring in the record if he fails. to do so, he is said to fail, and there being a failure of record, the plaintiff is entitled to judgment. Termes de lay Ley.
Failure of title
Defect or want of title.
RELATED TERMS--------------------------------------
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.
SIMILAR TERMS--------------------------------------
Failure
A total defect; an omission; a non-performance. Failure also signifies a stoppage of payment; as, there has been a failure to-day, some one has stopped payment.
Failure of evidence
Absence of legal evidence.
Failure of issue
Want or non-existence of descendants; more particularly, lack of issue who may take an estate limited over by an executory devise.
Failure of justice
Defeat of right and justice from want of legal remedy.
Failure of record
The neglect to produce the record after having pleaded it. When a defendant pleads a matter, and offers to prove it by the record, and then pleads nul tiel record, a day is given to the defendant to bring in the record if he fails. to do so, he is said to fail, and there being a failure of record, the plaintiff is entitled to judgment. Termes de lay Ley.
Failure of title
Defect or want of title.
Failure of trust
Defeat of a proposed trust from want of constituting facts or elements or of law to effectuate the object.
Failure to arraign
All individuals who are arrested must be taken to court?that is, ?arraigned??within 48 hours of the time of arrest, excluding Sundays and holidays.ÿ If the 48 hours expires at a time when the court is not in session, the time shall be extended to include the duration of the next court date.ÿÿ Anyone who is not arraigned within this time frame will be released from custody without delay.
PREVIOUS AND NEXT TERMS--------------------------------------
Factory
Scotch law. A contract which partakes of a mandate and locatio ad operandum, and which is in the English and American law books discussed under the title of Principal and Agent.
Factum
1) A deed. a man's own act and deed. When a man denies by his plea that he made a deed on which he is sued, be pleads non estfactum. 2)French law. A memoir which contains summarily the fact on which a contest has happened, the means on which a party founds his pretensions, with the refutation of the means of the adverse party.
Factum probandum
The fact to be proved.
Faculty
1)Canon law. A license; an authority. For example, the ordinary having the disposal of all seats in the nave of a church, may grant this power, which, when it is delegated, is called a faculty, to another. 2)French law. Equivalent to ability or pow-er. The term faculty is more properly applied to a power founded on the consent of the party from whom it springs, and not founded on property.
Failure
A total defect; an omission; a non-performance. Failure also signifies a stoppage of payment; as, there has been a failure to-day, some one has stopped payment.
Failure of consideration
Failure of evidence
Absence of legal evidence.
Failure of issue
Want or non-existence of descendants; more particularly, lack of issue who may take an estate limited over by an executory devise.
Failure of justice
Defeat of right and justice from want of legal remedy.
Failure of record
The neglect to produce the record after having pleaded it. When a defendant pleads a matter, and offers to prove it by the record, and then pleads nul tiel record, a day is given to the defendant to bring in the record if he fails. to do so, he is said to fail, and there being a failure of record, the plaintiff is entitled to judgment. Termes de lay Ley.
Failure of title
Defect or want of title.
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This dictionary contains 8526 terms.
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