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CCCM - General Law Definitions
CCCM - General Law Definitions
13
Law
Professional
05/15/2013

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Term
Transfer
Definition
1) the movement of property from one person or entity to another. 2) passage of title to property from the owner to another person. 3) a piece of paper given to allow a person or shipment to continue travel.
Term
Voidable
Definition
capable of being made void. Example: a contract entered into by a minor under 18 is voidable upon his/her reaching majority, but the minor may also affirm the contract at that time. "Voidable" is distinguished from "void" in that it means only that a thing can become void but is not necessarily void.
Term
Void
Definition
referring to a statute, contract, ruling or anything which is null and of no effect. A law or judgment found by an appeals court to be unconstitutional is void, a rescinded (mutually cancelled) contract is void, and a marriage which has been annulled by court judgment is void.
Term
Revocation
Definition
1) mutual cancellation of a contract by the parties to it. 2) withdrawing an offer before it is accepted ("I revoke my offer"). 3) cancelling a document before it has come into legal effect or been acted upon, as revoking a will. 4) to recall a power or authority previously given, as cancelling a power of attorney or cancelling a driver's license due to traffic offenses.
Term
Definiteness
Definition
offer's terms must be clear enought o provide a court witha basis for giving an appropriate remedy
Term
Repudiation
Definition
denial of the existence of a contract and/or refusal to perform a contract obligation. Repudiation is an anticipatory breach of a contract.
Term
Anticipatory Breach
Definition
when a party to a contract repudiates (reneges on) his/her obligations under that contract before fully performing those obligations. This can be by word ("I won't deliver the rest of the goods" or "I can't make any more payments") or by action (not showing up with goods or stopping payments). The result is that the other party does not have to perform his/her obligations and cannot be liable for not doing so. This is often a defense to a lawsuit for payment or performance on a contract. One cannot repudiate his obligations and demand that the other person perform.
Term
Freedom of Contract
Definition
Right of an adult to make a legally binding mutual agreement with one or more other persons, without governmental interference as to what type of obligations he or she can take upon himself or herself.
Term
unequivocally
Definition
Admitting of no doubt or misunderstanding; clear and unambiguous
Term
Adequate
Definition
1. as much or as good as necessary for some requirement or purpose; fully sufficient, suitable, or fit.
2. barely sufficient or suitable.
3. Law. reasonably sufficient for starting legal action.
Term
Seasonably
Definition
Timely. Taking place within a reasonable or agreed amount of time. The term is often used in contract provisions.
Term
Tender
Definition
1) To present to another person an unconditional offer to enter into a contract; a request for bids. 2) To present payment to another.
Term
Caveat Emptor
Definition
Latin for "let the buyer beware." A doctrine that often places on buyers the burden to reasonably examine property before purchase and take responsibility for its condition. Especially applicable to items that are not covered under a strict warranty.
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