Legal English 2

rescission

A remedy whereby a contract is canceled and the parties are returned to the positions they occupied before the contract was made.

capacity

ability to enter into a legally binding contract

misrepresentation

A false statement or lie that can render the contract void.

implied by conduct

Whan a contract is formed without explicit statement (oral or written) to that effect, but yhtough behaviour.

damages

A sum of money paid in compensation for loss or injury in a civil case

performance

fulfillment of contractual promises as agreed

breach

violation

consideration

something of value exchanged for something else of value

undue influence

occurs when one party to a contract is in a position of trust and wrongfully dominates the other party

frustration

Non-fulfillment of a contract due to unforeseeable reasons outside the parties' control.

injunction

An order which legally prevents something

duress

compulsion by threat

agreement

offer and acceptance

specific performance

A legal action to compel a party to carry out the terms of a contract.

vitiating

spoil or impair the quality or efficiency of

deed

the official document transferring ownership from seller to buyer

construction

interpretation

indispensable

absolutely necessary

depart from

do something different from convention

adhere to

to follow

unduly

excessively; in an inappropriate, unjustifiable, or improper manner; immoderately; in contradiction of moral or legal standards.

per incuriam

Through lack of care

stare decisis

A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle.

erroneous

wrong; incorrect

in ignorance

lack of knowledge

judicial

of, by, or appropriate to a court or judge.

determination

resolve; decision

conflicting

Contradictory; mutually opposed or inconsistent

precedent

an earlier holding or decision that is regarded as an example or guide to be considered in subsequent similar circumstances.

sentencing

the imposition of a criminal sanction by a judicial authority

fiscal

pertaining to finances

repugnancy

inconsistency or incompatibility of ideas or statements

redundancy

unnecessary repetition

ambiguity

uncertainty or inexactness of meaning in language

enactment

an Act of Parliament; a statute

genesis

beginning; origin

recourse

a source of help in a difficult situation

legislators

A body of people whose job is to enact laws.

consolidating statute

an Act of Parliament which brings together several previous Acts which relate to the same subject

cardinal rule

the most important rule

to cite

to quote

prima facie

at first sight

give rise to

to cause something

prevail

to exist widely, be in general use

provided that

as long as

fancifully

led by imagination and feeling rather than reason

treaty

A formal agreement between two or more sovereign states

pertain to

to be connected with something or someone (pv)

to incur

To bring upon oneself something undesirable, such as debt

protracted

drawn out; lengthy

submission

the act of yielding to the authority of another

to resolve

Find the solution.

jurisprudence

the science or philosophy of law

to adhere to

to follow

to assert

(v.) to declare or state as truth, maintain or defend, put forward forcefully

to disregard

pay no attention to; ignore

discordance

state of disagreement

scope

the extent of something

multilateral

having many sides; participated in by more than two participants

unilateral

one-sided

bilateral

having two sides

municipal

relating to local authority or national autohority

transaction

A deal or action; exchange of money, goods, or services between parties.

arbitration

settling a dispute by agreeing to accept the decision of an impartial outsider

acquiescence

the reluctant acceptance of something without protest

belligerency

the condition of warlike hostility; a hostile action

extradition

A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.

sovereignty

Ability of a state to govern its territory free from control of its internal affairs by other states.

espionage

the act of spying, especially a government spy obtaining secrets of another government

conspiracy

a secret plan by a group to do something unlawful or harmful

concurrent

happening at the same time; parallel

delinquency

criminal behaviour

infringement

A violation, as of a law, regulation, or agreement; a breach

arson

the criminal act of deliberately setting fire to property

apprehend

To seize; to arrest

surveillance

(n.) a watch kept over a person; careful, close, and disciplined observation

repatriation

the act of returning to the country of origin

sanctions

restrictions intended to enforce international law

exemption

the process of freeing or state of being free from an obligation or liability imposed on others.

mediation

A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.

immunity

(n.) resistance to disease; freedom from some charge or obligation

clandestine

(adj.) secret, concealed; underhanded

sedition

rebellion or resistance against the government

Reasonable time

where no duration is stated, the contract will be for a reasonable time.

liability

responsibility for actions and/or other debts; the quality or state of being legally obligated or accountable.

false imprisonment

unlawful restraint or restriction of a person's freedom of movement

defamation

Act of harming or ruining another's reputation

libel

a published false statement that is damaging to a person's reputation; a written defamation.

slander

spoken defamation

trespass to land

The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization.

nuisance

a person, thing, or circumstance causing inconvenience or annoyance

conversion

the action of wrongfully dealing with goods in a manner inconsistent with the owner's rights

tortfeasor

one who commits a tort

vicarious liability

Legal responsibility placed on one person for the acts of another.

remoteness of damage

Harm that could not have been foreseen by the defendant due to the lack of a close connection between the wrong and the injury.

remedy

a judicial order enforcing a right or redressing a wrong

trespass to goods

A minor interference with somebody's goods

compensatory damages

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.

trespass to person

A tort involving direct contact with a person's body without that person's consent

battery

unlawful touching of another person without consent