Law of Contract Important Question and Answer

• Define and explain 1. consideration 2. reciprocal promises 3. void-able contract 4. void agreement.
• What is Fraud?
• What are rights of party caused by fraud.
• Define and explain Mistake of Law and Fact
• Mistake of Law and Fact effects on contract.
• Rights of party suffering from a breach in the following situations:
  • When no sum is mentioned in the contract as payable for breach.
  • When sum is mentioned.
• What are rights of a party which has itself rescinded a contract.
• What is liability of a pretending agent.
• State the facts and the law laid down in the case of Hadly and others
• Rights and duties of a bialee.
• How can an agency be created.
• Authority of agent to act on behalf of the principal.
• Principles on which damages for breach of contract are to be awarded by a Court.
• When and how can proposal and acceptance can be revoked.
• What Coercion, Undue Influence, and Fraud.
• Consequences which ensue from breach of a valid contract.
• How and under what circumstances is agency terminated.
• What are contingent contracts? When can they be enforced.
• Case Mohri – v – Dharmodas Ghosh.
• Different situations in which agreements, though made by free consent of parties, competent to contract are yet void.
• What is pledge, rights and duties of the Pawner and Pawnee.
• Appropriation of payment towards debts.
• What is continuing Guarantee? How the liability discharges.
• When is the suggestion of fact not fraud, but a misrepresentation.
• What is a contract of indemnity and how differs from contract of Guarantee.
• When is communication of 1. A Proposal, 2. An Acceptance, and 3. A Revocation said to be complete.
• Define proposal, promise, promisor, promisee, and consideration.
• Various kinds of bailment.
• Does the Pawnee or agent have any lien over the goods pledged or property in his custody.
• Ratification of principal act of his agent.
• What is rule of compensation on breach of contract.
• How does liquidated damages differ from penalty.
• Circumstances which render the original contract need not to be performed.
• Difference Sales and an agreement to sell and bailment.
• How contract of sale of goods be made whether 1. In writing, 2. Oral, and 3. Implied.
• Can a contract be made without consideration.
• What are contingent contracts.
• Who is an unpaid seller.
• Under what circumstances when there is no contract.
• Rights of finder lost goods.
• Conditions for immediate return of goods loaned gratuitously for use of a fixed term. Passing of property.
• Remedies under Sales of Goods Act.
• What are conditions and warranty.
• Agreements by way of wager.
• Duties of buyer and seller of goods.
• Notes: Consideration, Free Consent, Wagering Contracts.

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Historical method of political science

Historical method of political science The present is the gift of the past. This is the reason why we seek help of history, when we study the origin, development and the present nature of such political institution as the State and the Government. The historical method supplements the experimental method. Montesquieu, Saving, Seeley, Maine Freeman and Laski are some of the eminent exponents of historical method. Sabine and other traditional writers attached great importance historical approach. “A political theory” according to Sabine is always advanced in reference to a pretty specific situation”. It is therefore essential to understand “the time, place and circumstances in which it was produced”.

Historical approach of political science

When international political order is studied with reference to its past, it is known as historical approach. The historical approach to the study of international political order emphasizes the following.

• Domestic and international political order is not static but dynamic in nature.
• Historical background of every nation is important in analyzing the present international political order.

Institutional approach of political science

This chapter is about the international political components that one has to understand from both historical and institutional perspectives. For a better understanding, the chapter is divided into two major parts.
The first part explains the term international political order from both historical and institutional framework.
In the second part, international and regional organizations are explained in detail to illustrate how far they were successful in maintaining international political order. Students of political science must remember that international political order is not a static one but dynamic in nature. In the context of present globalized economic order and communication revolutions we live in a different world of political order.
The history of international political order is written in terms of continuity and change in domestic and international political relations. As a step in the direction of understanding such continuity and change, this chapter explores some ideas drawn from an institutional perspective. An institutional perspective is characterized in terms of organized and formalized efforts in order to bring the desired political order at regional and international level. Students of political science try to understand how and when international political order are created, maintained, changed, and abandoned. Many of the key questions belong to a wider class of difficult questions about the dynamics of social order and development. How can order develop out of anarchy? What stabilizes an order? When and how does a stables order fall apart? How does peaceful change occur? Why do peaceful relations sometimes find themselves drawn into less peaceful confrontations? How is the search for order among collectivities linked to the search for order within them? This chapter explains such questions. It considers a few distinctive ways of thinking about the history and existing international and regional political organizations and elaborates some of them as an example, the League of Nations, UNO, NAM and SAARC, which could be called an institutional approach to such thinking.

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Basic Law Definition with V letter

Vacate

To set aside.

Venire

A writ summoning persons to court to act as jurors.

Venue

Authority of a court to hear a matter based on geographical location.

Verdict

A conclusion, as to fact or law that forms the basis for the court's judgment.

Veterans' Administration (VA)

The federal agency which administers a system of benefits for veterans and their dependents.

Visa

An official endorsement on a document or passport denoting that the bearer may proceed.

Void

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

Voidable

Capable of being declared invalid; a voidable contract is one where a person may avoid his obligation, as a contract between an adult and a minor.

Voir dire

The preliminary examination made in court of a witness or juror to determine his competency or interest in a matter. Literally, to speak the truth.

Voluntary bankruptcy

A proceeding by which a debtor voluntarily asks for a discharge of his debts under the Bankruptcy Code.

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Basic Law Definition with U letter

Unconscionability

An absence of meaningful choice on the part of one of the parties to a contract, and contract terms which are unreasonably favorable to the other party.

Undue influence

Whatever destroys free will and causes a person to do something he would not do if left to himself.

Unfair labor practice

Actions by the employer which interfere with, restrain, coerce, or threaten employees with respect to their rights.

Unjust enrichment, doctrine of

The principle that one person should not be permitted to unjustly enrich himself at the expense of another, but should be required to make restitution for the property or benefit received.

Uniform Commercial Code (U.C.C.)

A uniform law governing commercial transactions. The U.C.C. has been adopted by all states except Louisiana.

Uniform Laws

Annotated Annotated uniform and model acts approved by the National Conference of Commissioners on Uniform State Laws.

Unilateral contract

An agreement by which one undertakes an express performance without receiving any express promise of performance from the other.

Union

An organization of workers formed for the purpose of collective bargaining.

United States Attorney

A federal district attorney appointed by the President to prosecute for all offenses committed against the United States; to prosecute or defend for the government all civil actions in which it is concerned and perform all duties of the district to which he/she is assigned.

United States Bankruptcy Court

The judicial body which hears matters pertaining to bankruptcy and reorganization.

United States Court of Appeals

Courts which hear appeals from federal district courts, bankruptcy courts, and tax courts.

United States Court of Appeals for the Armed Forces

Court which hears appeals from court marshal decisions .

United States Court of Claims

Court which hears actions against the U.S. Government.

United States Court of Customs & Patent Appeals

Court which hears appeals from all U.S. customs courts.

United States Court of International Trade

Court which hears cases concerning federal tariff laws.

United States District Courts

Courts which try both criminal and civil actions and admiralty cases.

United States Magistrate Judge

Courts given authority by 28 U.S.C. s 636. This court hears all preliminary criminal matters, but does not conduct felony trials, and any pretrial civil matters referred by the district court. If all parties consent, criminal misdemeanor and civil trials can be heard by this court.

United States Marshal's Service

Agency which serves civil and criminal process in federal courts.

United States Reports

Publication of court decisions of the United States Supreme Court.

United States Supreme Court

The highest court in the land, established by U.S. Constitution.

Unlawful detainer

A detention of real estate without the consent of the owner or other person entitled to its possession.

Unliquidated debt

Remaining not determined; unassisted or unsettled; in dispute as to the proper amount.

Unsecured debts

In bankruptcy, debts such as open accounts at department stores for which the debtor has not pledged collateral to guarantee payment.

Usury

Extraction of interest on a loan above the maximum rate permitted by statute.

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Basic Law Definition with T letter

Tangible Personal Property Memorandum (TPPM)

A legal document that is referred to in a will and used to guide the distribution of tangible personal property.

Taxable income

The income against which tax rates are applied to compute tax paid; gross income of businesses or adjusted gross income of individuals less deductions and exemptions.

Tax Court of the United States

A judicial body which hears cases concerning federal tax laws.

Temporary relief

Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court.

Temporary restraining order

An emergency remedy of brief duration issued by a court only in exceptional circumstances, usually when immediate or irreparable damages or loss might result before the opposition could take action.

Tender of performance

An offer or attempt to do what is required under a contract or under the law.

Testamentary capacity

The legal ability to make a will.

Testamentary trust

A trust set up by a will.

Testator

Person who makes a will (Female: testatrix).

Testimony

The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.

Third party complaint

A petition filed by a defendant against a third party (not presently a party to the suit) which alleges that the third party is liable for all or part of the damages plaintiff may win from defendant.

Title

Legal ownership of property, usually real property or automobiles.

Tort

A private or civil wrong or injury for which the court provides a remedy through an action for damages.

Trademark

A word, name, symbol, or devise used by a manufacturer to distinguish his goods from those sold by others.

Transcript

A written, word-for-word record of what was said. Usually refers to a record of a trial, hearing, or other proceeding which has been transcribed from a recording or from shorthand.

Transmittal form

Form required in certain courts for transmitting documents for filing.

Treatise

A formal and systematic book or writing containing a narrative statement on a field of law.

Trial

A judicial examination of issues between parties to an action.

Trial brief

A written document prepared for and used by an attorney at trial. It contains the issues to be tried, synopsis of evidence to be presented and case and statutory authority to substantiate the attorney's position at trial.

Trust

A legal device used to manage real or personal property, established by one person (grantor or settlor) for the benefit of another (beneficiary).

Trust agreement or declaration

The legal document that sets up a living trust. Testamentary trusts are set up in a will.

Trustee

The person or institution that manages the property put in trust.

Truth in lending

Statutes which provide that precise and meaningful cost of credit information be provided to the credit customer.

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Basic Law Definition with S letter

Search warrant

A written order issued by a judge that directs a law enforcement officer to search a specific area for a particular piece of evidence.

Seal

To mark a document with a seal; to authenticate or make binding by affixing a seal. Court seal, corporate seal.

Sealing

The closure of court records to inspection, except to the parties.

Secondary authority

Legal encyclopedias, treatises, legal texts, law review articles, and citators. Writings which set forth the opinion of the writer as to the law.

Secured debts

In bankruptcy, a debt is secured if the debtor gave the creditor a right to repossess the property or goods used as collateral.

Securities and Exchange Commission (SEC)

A federal agency which monitors the securities industry.

Self-defense

The claim that an act otherwise criminal was legally justifiable because it was necessary to protect a person or property from the threat or action of another.

Self-incrimination, privilege against

The constitutional right of people to refuse to give testimony against them that could subject them to criminal prosecution. The right is guaranteed in the Fifth Amendment to the United States Constitution. Asserting the right is often referred to as "taking the Fifth."

Self proving will

A will whose validity does not have to be testified to in court by the witnesses to it, since the witnesses executed an affidavit reflecting proper execution of the will prior to the maker's death.

Sentence

The punishment ordered by a court for a defendant convicted of a crime.

Sequester

To separate. Sometimes juries are separated from outside influences during their deliberations. For example, this may occur during a highly publicized trial.

Sequestration of witnesses

Keeping all witnesses (except plaintiff and defendant) out of the courtroom except for their time on the stand, and cautioning them not to discuss their testimony with other witnesses. Also referred to as "separation of witnesses."

Service of process

The delivering of writs, summonses, and subpoenas by delivering them to the party named in the document. Also referred to as "service."

Settlement

An agreement between the parties disposing of a lawsuit.

Settlor

The person who sets up a trust. Also referred to as "grantor."

Shepardizing

Method for finding subsequent development of a legal theory by tracing status of a case as legal authority.

Sheriff

The executive officer of local court in some areas. In other jurisdictions the sheriff is the chief law enforcement officer of a county.

Sherman Act

The basic antitrust statute prohibiting any unreasonable interference, conspiracy, restraint of trade, or monopolies with respect to interstate commerce.

Sidebar

A conference between the judge and lawyers, usually in the courtroom, out of earshot of the jury and spectators.

Slander

Spoken defamation which tends to injure a person's reputation.

Small Business Administration (SBA)

A federal agency which provides assistance of all kinds, including loans, to small businesses.

Small Claims Court

A state court that handles civil claims for small amounts of money. People often represent themselves rather than hire an attorney.

Social Security

A system of federal oldage pensions for employed persons begun in 1935. A portion of the payment is deducted from the employee's salary and an equal portion is contributed by the employer.

Social Security Administration

The federal agency which administers the national social security program.

Social Security Tax

A payroll deduction based on gross wages paid; this amount is matched by the employer as required by the Federal Insurance Contribution Act (FICA).

Sovereign Immunity

The doctrine that the government, state or federal, is immune to lawsuit unless it give its consent.

Specific performance

A remedy requiring a person who has breached a contract to perform specifically what he or she has agreed to do. Specific performance is ordered when damages would be inadequate compensation.

Spendthrift trust

A trust set up for the benefit of someone who the grantor believes would be incapable of managing his or her own financial affairs.

Standard of proof

Indicates the degree to which the point must be proven. In a civil case, the burden of proof rests with the plaintiff, who must establish his or her case by such standards of proof as a "preponderance of evidence" or "clear and convincing evidence."

Standing

The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit.

Stare decisis

The doctrine that, when a court has once laid down a principle of law applicable to a certain set of facts, it will adhere to that principle and apply it to future cases where the facts are substantially the same. This is a defining characteristic of the common law system followed in the U.S., Great Britain, and a few other nations.

Status offenders

Youths charged with the status of being beyond the control of their legal guardian or are habitually disobedient, truant from school, or having committed other acts that would not be a crime if committed by an adult, i.e., smoking. Also referred to as minors or children in need of supervision.

Statute

Legislative enactment; it may be a single act of a legislature or a body of acts which are collected and arranged for a session of a legislature.

Statute of frauds

A statutory requirement that certain contracts must be in writing.

Statute of limitations

A statute which limits the right of a plaintiff to file an action unless it is done within a specified time period after the occurrence which gives rise to the right to sue.

Statutory

Relating to a statute; created or defined by a law.

Statutory construction

Process by which a court seeks to interpret the meaning and scope of legislation.

Statutory law

Laws promulgated by Congress and state legislatures. (See case law and common law.)

Statutory research

Research of legislation enacted by a state or the United States.

Stay

A court order halting a judicial proceeding.

Stipulation

An agreement between the parties involved in a suit regulating matters incidental to trial.

Strict liability

Concept applied by the courts in product liability cases that when a manufacturer presents his goods for public sale, he is representing that they are suitable for their intended use.

Strike

Highlighting in the record of a case, evidence that has been improperly offered and will not be relied upon.

Subject research

Research of matter by determining all law related to that matter by finding everything on the subject.

Subpoena

A command to appear at a certain time and place to give testimony upon a certain matter.

Subpoena Duces Tecum

A court order commanding a witness to bring certain documents or records to court.

Substantive criminal law

Law with the purpose of prevention of harm to society which prescribed punishment for specific offenses. The basic law of rights and duties as opposed to "remedial law" which provides methods of enforcement.

Substantive law

The statutory or written law that governs rights and obligations of those who are subject to it.

Summary judgment

A judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. It is used when there is no dispute as to the facts of the case and one party is entitled to a judgment as a matter of law.

Summons

Instrument used to commence a civil action or special proceeding; the means of acquiring jurisdiction over a party.

Support trust

A trust that instructs the trustee to spend only as much income and principal (the assets held in the trust) as needed for the beneficiary's support.

Suppress

To forbid the use of evidence at a trial because t is improper or was improperly obtained.

Surety Bond

A bond purchased at the expense of the estate to insure the executor's proper performance. Also referred to as "fidelity bond."

Suspension

A temporary loss of the right to practice law by an attorney.

Sustain

A court ruling upholding an objection or a motion.

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Basic Law Definition with Q letter

Quantum meruit

Expression means "as much as he deserves," and describes the extent of liability on a contract implied by law.

Quid pro quo

What for what; something for something; giving one valuable thin for another. Quash To vacate or void a summons, subpoena, etc.

Quasicontract

An obligation created by the law in the absence of an agreement or contract; not based upon the intentions or expressions of the parties. Quasicriminal action A classification of actions such as violation of a city ordinance that is not also violation of a criminal statute, which are wrongs against the public punishable through fines but are not usually indictable offenses.

Quiet title action

A court proceeding to remove a cloud on the title to real property.

Quitclaim deed

A deed without warranty of title which passes whatever title the grantor has to another.

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Basic Law Definition with O letter

Oath

A solemn pledge made under a sense of responsibility in attestation of the truth of a statement or in verification of a statement made.

Objection

The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge.

Occupational Safety and Health Act (OSHA)

A federal law designed to develop and promote occupational safety and health standards.

Occupational Safety and Health Review Commission

The agency established by OSHA to adjudicate enforcement actions under the Act.

Of counsel

A phrase commonly applied to counsel employed to assist in the preparation or management of the case, or its presentation on appeal, but who is not the principal attorney for the party.

Official reports

The publication of cumulated court decisions of state or federal courts in advance sheets and bound volumes as provided by statutory authority.

On a person's own recognizance

Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court.

Opening statement

The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.

Opinion

A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment. (A per curiam opinion is an unsigned opinion "of the court.")

Oral argument

Presentation of a case before a court by spoken argument; usually with respect to a presentation of a case to an appellate court where a time limit might be set for oral argument.

Order

A mandate, command, or direction authoritatively given. Direction of a court or judge made in writing.

Ordinance

A rule established by authority; may be a municipal statute of a city council, regulating such matters as zoning, building, safety, matters of municipality, etc.

Overrule

A judge's decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error.

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Basic Law Definition with N letter

National Labor Relations Board (NLRB)

A federal agency which prevents and remedies unfair labor practices by employers and labor organizations

Naturalization

Process by which a person acquires nationality after birth and becomes entitled to privileges of citizenship.

Negligence

Failure to use care which a reasonable and prudent person would use under similar circumstances.

Negotiation

The process of submission and consideration of offers until an acceptable offer is made and accepted.

Next friend

One acting without formal appointment as guardian for the benefit of an infant, a person of unsound mind not judicially declared incompetent, or other person under some disability.

No Bill

This phrase, endorsed by a grand jury on the written indictment submitted to it for its approval, means that the evidence was found insufficient to indict.

Nocontest Clause

Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited.

Nofault Proceedings

A civil case in which parties may resolve their dispute without a formal finding of error or fault.

Nolo contendere

A Latin phrase meaning "I will not contest it." A plea in a criminal case which does not require the defendant to admit guilt, but the defendant does not contest the facts on which the charge is based. Some judges refuse to accept such pleas in criminal cases.

Non compos mentis

Not of sound mind; insane.

Nonfeasance

Nonperformance of an act which should be performed; omission to perform a required duty or total neglect of duty.

Nonjury trial

Trial before the court but without a jury.

Not guilty plea

Complete denial of guilt. In criminal cases, a necessary stage of the proceedings required to preserve all legal issues.

Not guilty by reason of insanity

The jury or the judge must determine that the defendant, because of mental disease or defect, could not form the intent required to commit the offense.

Notary Public

A public officer whose function it is to administer oaths, to attest and certify documents, and to take acknowledgments.

Notice

Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding.

Notice to creditors

A notice given by the bankruptcy court to all creditors of a meeting of creditors.

Nuncupative will

An oral (unwritten) will.

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Basic Law Definition with M letter

Magistrate

Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge.

Malfeasance

The commission of an unlawful act.

Malicious prosecution

An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.

Malpractice

Any professional misconduct.

Mandamus

A writ by which a court commands the performance of a particular act.

Manslaughter

The unlawful killing of another without intent to kill; either voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily expected to result in great bodily harm).

Marshal

The executive officer of the federal court.

MartindaleHubbell Lawyer Directory

A publication of several volumes which contains names, addresses, specialties, and rating of United States lawyers; also includes digests of state and foreign statutory law.

Material evidence

Evidence which is relevant to the issues in a case.

Mediation

A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.

Memorandum

An informal note or instrument embodying something the parties desire to have in written evidence.

Memorialized

In writing.

Mens rea

Literally in Latin, "guilty mind." The intent required to commit the crime. It is a prerequisite to conviction for a crime involving a moral wrong, but it is not a prerequisite to conviction for an act that is a crime only because a statute designates it to be a crime, e.g., overtime parking.

Merger

The absorption of one thing or right into another.

Minor

A person under the age of legal competence.

Minute book

A book maintained by the courtroom deputy (bailiff), which contains minute entries of all hearings and trial conducted by the judge.

Minute’s

Memorandum of a transaction or proceeding.

Miranda warning

Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her. So named as a result of the Miranda v. Arizona ruling by the United States Supreme Court.

Misdemeanor

A criminal offense lesser than a felony and generally punishable by fine or by imprisonment other than in a penitentiary.

Misfeasance

Improper performance of an act which a person might lawfully do.

Mistrial

An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.

Mitigating circumstances

Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

Mittimus

The name of an order in writing, issuing from a court and directing the sheriff or other officer to convey a person to a prison, asylum, or reformatory, and directing the jailer or other appropriate official to receive and safely keep the person until his or her fate shall be determined by due course of law.

Mitigation

A reduction, abatement, or diminution of a penalty or punishment imposed by law.

Moot

A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing that would be affected by the court's decision.

Motion

An application made to a court or judge which requests a ruling or order in favor of the applicant.

Motion in Limine

A motion made by counsel requesting that information which might be prejudicial not be allowed to be heard in a case.

Murder

The unlawful killing of a human being with deliberate intent to kill: (1) murder in the first degree is characterized by premeditation; (2) murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not.

Mutual assent

A meeting of the minds; agreement.

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