Also known as:deals · dealing · dealt · transaction · agreement
Written by attorneys · grounded in primary & secondary sources — see below
An arrangement between parties for the exchange of value or mutual advantage.
Sources & Authorities
How it applies
Common Examples
6
Conspiracy Agreement Formed
Darius Dixon and Destiny Davis met and reached an understanding to create false documents with the shared goal of misleading a bank. Their discussion established the required agreement and shared intent to achieve the unlawful objective. No further step was needed for the arrangement to satisfy the elements.
Merger After Property Transfer
Diane Dawson sold land to Dominion Capital under a contract containing a merger clause. At closing the deed was delivered and accepted without incorporating earlier oral promises about repairs. The prior promises became unenforceable once the deed took effect.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Danielle Dixon sued Delta Dynamics for breach arising from a supply contract. Delta Dynamics responded with a claim for unpaid invoices that stemmed directly from the same supply arrangement. The response claim had to be asserted in the same action.
Contingent Fee Arrangement
Diana Delgado retained Dynamic Solutions to pursue a personal injury claim. The parties executed a signed writing specifying that compensation would equal one-third of any recovery and detailing how expenses would be handled. The arrangement complied with the required form for outcome-based payment.
Single Transaction Authority
Delilah Duran hired Darius Dixon solely to negotiate and close the purchase of one parcel of land. Once that purchase concluded, the authority ended without any ongoing relationship. The limited scope matched the definition of authority confined to a discrete transaction.
Incapacity Affecting Transaction
Destiny Davis entered a contract while unable to understand its terms, and the other party knew of the impairment. The resulting agreement could be avoided because the incapacity prevented reasonable conduct in relation to the transaction.
Common questions
Frequently Asked
6
What elements must exist for an agreement to qualify as a conspiracy at common law?+
Three elements are required: an agreement between two or more persons, intent to enter the agreement, and intent that the objective be accomplished. The agreement itself supplies the actus reus without need for an overt act.
How does a merger clause affect enforcement of prior promises after a real estate closing?+
The clause makes the written contract the complete agreement. Once the deed is accepted, earlier promises not included in the deed are discharged unless an exception such as fraud or mistake applies.
When must a counterclaim be asserted under Rule 13(a)(1)(A)?+
A counterclaim must be stated if it arises out of the same transaction or occurrence as the opposing party's claim and does not require adding a party beyond the court's jurisdiction.
What formal requirements apply to a contingent fee agreement?+
The agreement must be in a signed writing that states the method for determining the fee, the percentage accruing to the lawyer, how expenses are deducted, and notice of expenses the client remains liable for regardless of outcome.
What distinguishes a special agent from other agents?+
A special agent is authorized only to conduct a single transaction or series of transactions without continuity of service.
When may a contract be avoided on grounds of incapacity under Restatement section 16(b)?+
Avoidance is permitted when one party is unable to act reasonably in relation to the transaction and the other party has reason to know of that condition.
410 U.S. 113 (1973)Constitutional Law
…by the statute here challenged, bars the performance of a medical abortion by a licensed physician on a plaintiff such as Roe. A transaction resulting in an operation such as this is not "private" in the ordinary usage of that word. Nor is the "privacy" that the Court finds here even a distant relative of the freedom from…