Juridical Dictionary

This dictionary contains:
8526
juridical terms

Restitutio in integrum




Restitutio in integrum

Latin for restitution to the original position. In contract law, upon breach of contract, the injured party may ask the court to reverse the contract and revert the parties to their respective positions before the contract was accepted. But if the court finds that restitutio in integrum is not possible because of actions or events occurring since the date of acceptance, then the court may order that damages be paid instead.

RELATED TERMS
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Restitution
1) Maritime law. The placing back or restoring articles which have been lost by jettison; this is done when the remainder of the cargo has been saved at the general charge of the owners of the cargo; but when the remainder of the goods are afterwards lost, there is not any restitution. 2) Practice. The return of something to the owner of it, or to the person entitled to it.

Original
Contracts, practice, evidence. An authentic instrument of something, and which is to serve as a model or example to be copied or imitated. It also means first, or not deriving any authority from any other source as, original jurisdiction, original writ, original bill, and the like .

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.

Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.

Breach
The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any condition of a contract.

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.

Court
A body in government to which the administration of justice is delegated.

Reverse
An action of a higher court in setting aside or revoking a lower court decision.

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

Date
Latin datum, a thing given. The primary signification is time "given" or specified, - in some way ascertained and fixed. In the ancient form the clause ran: datum apud, etc., specifying the place and time; thence called the datum clause, afterward shortened to "date".

Acceptance
One of three requisites to a valid contract under common law (the other two being an offer and consideration). A contract is a legally binding agreement between two or more parties which starts with an offer from one person but which does not become a contract until the other party signifies an unequivocal willingness to accept the terms of that offer. The moment of acceptance is the moment from which a contract is said to exist, and not before. Acceptance need not always be direct and can, in certain circumstances, be implied by conduct.

Order
An instruction rightfully given by someone superior in hyerarchy. Also, a social state of civil coexistance without widespread public violence.

Damages
A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort.



SIMILAR TERMS
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Rest
A party is said to "rest" or "rest its case" when it has presented all the evidence it intends to offer.

Restatement
A publication which tells what the law is in a particular field, as compiled from statutes and decisions.

Restatement (second) of the conflict of laws
Adopted on May 23, 1969 by the American Law Institute at Washington, D.C., was mainly the work of one man.

Restatement second of the conflict of laws
The Restatement (Second) of the Conflict of Laws, adopted by the American Law Institute at Washington, D.C., on May 23, 1969.

Restitution
1) Maritime law. The placing back or restoring articles which have been lost by jettison; this is done when the remainder of the cargo has been saved at the general charge of the owners of the cargo; but when the remainder of the goods are afterwards lost, there is not any restitution. 2) Practice. The return of something to the owner of it, or to the person entitled to it.

Restore, to
To return what has been unjustly taken; to place the owner of a thing in the state in which he formerly was. By restitution is understood not only the return of the thing itself, but all its accessories. It is to return the thing and its fruits.

Restraining
Narrowing down, making less extensive; as, a restraining statute, by which the common law is narrowed down or made less extensive in its operation.

Restraining order
A court order restricting a persons actions. they are sometimes issued by one spouse to try to deter the other spouse from committing violent acts.

Restraining powers
A term used in equity. When the donor of a power, who is the owner of the estate, imposes certain restrictions by the terms of the powers, these restrictions are called restraining powers.

Restraint
Something which prevents us from doing what we would desire to do.

Restrictive covenant
A restrictive covenant is where an obligation is imposed on an employee or director either in an employment contract or financing document preventing the employee/director from doing something during or after his employment has terminated. This usually covers engaging in competitive businesses or poaching staff or customers. Particularly where post-employment issues are addressed, care is required in drafting as the terms may be unenforceable if they are unreasonably wide.

Restrictive indorsement
Contracts. One which confines the negotiability of a promissory note or bill of exchange, by using express words to that effect, as by indorsing it "payable to A,B only."



PREVIOUS AND NEXT TERMS
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Responsibility
The obligation to answer for an act done, and to repair any injury it may have caused

Rest
A party is said to "rest" or "rest its case" when it has presented all the evidence it intends to offer.

Restatement
A publication which tells what the law is in a particular field, as compiled from statutes and decisions.

Restatement (second) of the conflict of laws
Adopted on May 23, 1969 by the American Law Institute at Washington, D.C., was mainly the work of one man.

Restatement second of the conflict of laws
The Restatement (Second) of the Conflict of Laws, adopted by the American Law Institute at Washington, D.C., on May 23, 1969.

Restitutio in integrum

Restitution
1) Maritime law. The placing back or restoring articles which have been lost by jettison; this is done when the remainder of the cargo has been saved at the general charge of the owners of the cargo; but when the remainder of the goods are afterwards lost, there is not any restitution. 2) Practice. The return of something to the owner of it, or to the person entitled to it.

Restore, to
To return what has been unjustly taken; to place the owner of a thing in the state in which he formerly was. By restitution is understood not only the return of the thing itself, but all its accessories. It is to return the thing and its fruits.

Restraining
Narrowing down, making less extensive; as, a restraining statute, by which the common law is narrowed down or made less extensive in its operation.

Restraining order
A court order restricting a persons actions. they are sometimes issued by one spouse to try to deter the other spouse from committing violent acts.

Restraining powers
A term used in equity. When the donor of a power, who is the owner of the estate, imposes certain restrictions by the terms of the powers, these restrictions are called restraining powers.

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This dictionary contains 8526 terms.







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