Juridical Dictionary

This dictionary contains:
8526
juridical terms

Voidable




Voidable

The law distinguishes between contracts which are void and those which are voidable. Some contracts have such a latent defect that they are said to be void (see definition of "void" above). Other have more minor defects to them and are voidable at the option of the party victimized by the defect. For example, contracts signed by a person when they are totally drunk are voidable by that person upon recovering sobriety.

RELATED TERMS
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Void
Invalid; a void agreement is one for which there is no remedy.

Voidable
The law distinguishes between contracts which are void and those which are voidable. Some contracts have such a latent defect that they are said to be void (see definition of "void" above). Other have more minor defects to them and are voidable at the option of the party victimized by the defect. For example, contracts signed by a person when they are totally drunk are voidable by that person upon recovering sobriety.

Latent
Construction. That which is concealed; or which does not appear; for example, if a testator bequeaths to his cousin Peter his white horse; and at the time of making his will and at his death he had two cousins named Peter, and he owned two white horses, the ambiguity in this case would be latent, both as respects the legatee, and the thing bequeathed. A latent ambiguity can only be made to appear by parol evidence, and may be explained by the same kind of proof.

Defect
The want of something required by law.

Said
Before mentioned.

Definition
An enumeration of the particular acts included by or under a name: as, the definition of a crime.

Minor
Persons. One under the age of twenty-one years, while in a state of infancy; one who has not attained the age of a major. The terms major and minor, are more particularly used in the civil law. The common law terms are adult and infant.

Option
Choice; Election; where the subject is considered.

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.

Example
An example is a case put to illustrate a. principle.

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

When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.



SIMILAR TERMS
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Void
Invalid; a void agreement is one for which there is no remedy.

Void or void ab initio
Not legally binding. A document that is void is useless and worthless; as if it did not exist.For example, in many countries, contracts for immoral purposes are said to be "void":unenforceable and not recognized by the courts. A good example is a contract to commit a serious crime such as murder.

Voids
In cashiering, ringing a "Void" to cancel a previous sale. Excessive voids may be a sign of theft.



PREVIOUS AND NEXT TERMS
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Vivary
A place where living things are kept; as a park, on land; or in the water, as a pond.

Vivum vadium
Vivum Vadium or living pledge, contracts. When a man borrows a sum of money (suppose two hundred dollars) of another, and grants him an estate, as of twenty dollars per annum, to hold till the rents and profits shall repay the sum so borrowed.

Vocatio in jus
Roman civil law. According to the practice in the legis actiones of the Roman law, a person having a demand against another, verbally cited him to go with him to the praetor in jus eamus. In jus te voco. This was denominated vocatio in jus. If a person thus summoned refused to go, he could be compelled by force to do so unless he found a vindex, that is, a procurator or a person to undertake his cause. When the parties appeared before the praetor, they went through the particular formalities required by the action applicable to the cause. If the cause was not ended the same day, the parties promised to appear again at another day, which was called vadimonium.

Void
Invalid; a void agreement is one for which there is no remedy.

Void or void ab initio
Not legally binding. A document that is void is useless and worthless; as if it did not exist.For example, in many countries, contracts for immoral purposes are said to be "void":unenforceable and not recognized by the courts. A good example is a contract to commit a serious crime such as murder.

Voidable

Voids
In cashiering, ringing a "Void" to cancel a previous sale. Excessive voids may be a sign of theft.

Voir dire
A mini-hearing held during a trial on the admissibility of contested evidence. For example, a defendant may object to a plaintiff's witness. The court would suspend the trial, immediately preside over a hearing on the standing of the proposed witness, and then resume the trial with or without the witness, or with any restrictions placed on the testimony by the judge as a result of the voir dire ruling. In a jury trial, the jury would be excused during the voir dire.

Volens
(United Kingdom) Willing.

Volenti non fit injuria
Voluntary assumption of risk. A defence in tort that means where a person engages in an event accepting and aware of the risks inherent in that event, then they can not later complain of, or seek compensation for an injury suffered during the event. This is used most often to defend against tort actions as a result of a sports injury.

Voluntary
Willingly; done with one's consent; negligently.

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This dictionary contains 8526 terms.







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