Juridical Dictionary

This dictionary contains:
8526
juridical terms

Joint contract




Joint contract

One in which the contractors are jointly bound to perform the promise or obligation therein contained, or entitled to receive the benefit of such promise or obligation. It is a general rule that a joint contract survives, whatever may be the beneficial interests of the parties under it; where a partner, covenantor, or other person entitled, having a joint interest in a contract not running with the land, dies, the right to sue survives in the other partner.

RELATED TERMS
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Promise
Contracts. An engagement by which the promisor contracts towards another to perform or do something to the advantage of the latter.

Obligation
In its general and most extensive sense, obligation is synony- mous with duty. In a more technical meaning, it is a tie which binds us to pay or to do something agreeably to the laws and customs of the country in which the obligation is made.

Receive
To receive. Voluntarily to take from another what is offered.

Benefit
This word is used in the same sense as gain and profits.

General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.

Rule
This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn from one point to another, the shortest possible line, which is called a straight line.

Joint
United, not separate; as, joint action, or one which is brought by several persons acting together; joint bond, a bond given by two or more obligors.

Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.

Beneficial
Of advantage, profit or interest; as the wife has a beneficial interest in property held by a trustee for her.

Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.

Covenantor
One who becomes bound to perform a covenant.

Person
This word is applied to men, women and children, who are called natural persons.

Interest
1) Estates. The right which a man has in a chattel real, and more particularly in a future term. It is a word of less efficacy and extent than estates, though, in legal understanding, an interest extends to estates, rights and titles which a man has in or out of lands, so that by a grant of his whole interest in land, a reversion as well as the fee simple shall pass. 2) Contracts. The right of property which a man has in a thing, commonly called insurable interest. 3) Evidence. The benefit which a person has in the matter about to be decided and which is in issue between the parties.

Dies
A day. There are four sorts of days: 1) A natural day; as, the morning and the evening made the first day. 2) An artificial day; that is, from day-break until twilight in the evening. 3) An astrological day, dies astrologicus, from sun to sun. 4) A legal day, which is dies juridicus, and dies non juridicus.

Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.



SIMILAR TERMS
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Joinder in demurrer
When a demurrer is offered by one party, the adverse party joins with him in demurrer, and the answer which he makes is called a joinder in demurrer.

Joinder of actions
Practice. The putting two or more causes of action in the same declaration. It is a general rule, that in real actions there can never be but one count.

Joinder of issue
Pleadings. The act by which the parties to a cause arrive at that stage of it in their pleadings, that one asserts a fact to be so, and the other denies it. For example, when one party denies the fact pleaded by his antagonist, who has tendered the issue thus, "And this he prays may be inquired of by the country," or, "And of this he puts himself upon the country," the party denying the fact may immediately subjoin, "And the said A B does the like;" when the issue is said to be joined.

Joinder of parties to actions
It is a rule in actions ex contractu that all who have a legal interest in the contract, and no others, must join in action founded on a breach of such contract; whether the parties are too many or too few, it is equally fatal.

Joint
United, not separate; as, joint action, or one which is brought by several persons acting together; joint bond, a bond given by two or more obligors.

Joint and several liability
Where two or more people enter into an obligation such as a guarantee together, joint and several liability means that the lender or creditor can recover the whole indebtedness from any one of them. They are then left to sort out their respective contributions between themselves.

Joint custody
A child custody decision which means that both parents share joint legal custody and joint physical custody. This is not very common and many professionals have taken to referring to "joint legal custody but sole maternal physical custody" as "joint custody".

Joint legal custody
A form of custody of minor children in which the parents share the responsibilities and major decision-making related to the child.

Joint liability
Where the joint obligor has the right to insist that the co-obligor be joined as a co-defendant, and that the co-obligor be sued jointly. In other words, where two or more parties share liabilities.

Joint physical custody
A form of custody of minor children in which the parents share the actual physical custody of the child.

Joint property
Property that is held in the name of more than one person.

Joint stock banks
In England they are a species of quasi corporations, or companies regulated by deeds of settlement; and, in this respect, the stand in the same situation as other unincorporated bodies. But they differ from the latter in this, that they are invested by certain statutes with powers and privileges usually incident to corporations. These enactments provide for the continuance of the partnership, notwithstanding a change of partners. The death, bankruptcy, or the sale by a partner of his share, does not affect the identity of the partnership; it, continues the same body, under the same name, by virtue of the act of parliament, notwithstanding these changes.

Joint tenancy
When two or more persons are equally owners of some property. The unique aspect of joint tenancy is that as the joint tenancy owners die, their shares accrue to the surviving owner(s) so that, eventually, the entire share is held by one person. A valid joint tenancy is said to require the "four unities": unity of interest (each joint tenant must have an equal interest including equality of duration and extent), unity of title (the interests must arise from the same document), unity of possession (each joint tenant must have an equal right to occupy the entire property) and unity of time: the interests of the joint tenants must arise at the same time.

Joint tenants
Estates. Two or more persons to whom are granted land's or tenements to hold in fee simple, fee tail, for life, for years, or at will. The estate which they, thus hold is called an estate in joint tenancy

Joint venture
When two independent businesses wish to combine forces in a business project, they may form a joint venture to operate the new project as a separate enterprise. This can take the form of a simple contractual arrangement, a partnership or a joint venture company.

Joint venture agreement
When two independent businesses wish to combine forces in a business project, they may form a joint venture to operate the new project as a separate enterprise. This can take the form of a simple contractual arrangement, a partnership or a joint venture company.

Joint work
Defined in the Copyright Act as a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole. To be a joint author, a writer must contribute an independently copyrightable portion of the work.

Jointress or jointuress
Jointress or Jointuress. Two or more persons who are entrusted with property for the benefit of one or more others.

Jointuress
Jointuress or Jointress . Two or more persons who are entrusted with property for the benefit of one or more others.



PREVIOUS AND NEXT TERMS
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Joinder of actions
Practice. The putting two or more causes of action in the same declaration. It is a general rule, that in real actions there can never be but one count.

Joinder of issue
Pleadings. The act by which the parties to a cause arrive at that stage of it in their pleadings, that one asserts a fact to be so, and the other denies it. For example, when one party denies the fact pleaded by his antagonist, who has tendered the issue thus, "And this he prays may be inquired of by the country," or, "And of this he puts himself upon the country," the party denying the fact may immediately subjoin, "And the said A B does the like;" when the issue is said to be joined.

Joinder of parties to actions
It is a rule in actions ex contractu that all who have a legal interest in the contract, and no others, must join in action founded on a breach of such contract; whether the parties are too many or too few, it is equally fatal.

Joint
United, not separate; as, joint action, or one which is brought by several persons acting together; joint bond, a bond given by two or more obligors.

Joint and several liability
Where two or more people enter into an obligation such as a guarantee together, joint and several liability means that the lender or creditor can recover the whole indebtedness from any one of them. They are then left to sort out their respective contributions between themselves.

Joint contract

Joint custody
A child custody decision which means that both parents share joint legal custody and joint physical custody. This is not very common and many professionals have taken to referring to "joint legal custody but sole maternal physical custody" as "joint custody".

Joint legal custody
A form of custody of minor children in which the parents share the responsibilities and major decision-making related to the child.

Joint liability
Where the joint obligor has the right to insist that the co-obligor be joined as a co-defendant, and that the co-obligor be sued jointly. In other words, where two or more parties share liabilities.

Joint physical custody
A form of custody of minor children in which the parents share the actual physical custody of the child.

Joint property
Property that is held in the name of more than one person.

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This dictionary contains 8526 terms.







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