Also known as: disposal · disposals · dispositions · dispositive · transfer · distribution
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The act of transferring property to another's care or possession, especially by deed or will. A testamentary disposition takes effect upon the death of the person making it.
The act of transferring property to another's care or possession, especially by deed or will. A testamentary disposition takes effect upon the death of the person making it.
Select any source to read its text and confirm it supports the definition.
A final settlement or determination of a case or claim by a court.
Select any source to read its text and confirm it supports the definition.
A final settlement or determination of a case or claim by a court.
Each sense below has its own examples, sources, and questions.
Destiny Davis sold her home to Dolores Diaz under a contract requiring repairs before closing. At closing, Diaz accepted the deed without the repair promise appearing in it. When Diaz later discovered defects, the court held that the contract had merged into the deed, discharging the repair obligation and leaving the deed as the sole measure of Davis's duties.
Dominic Drake orally promised to convey a parcel to Diego Duarte. Because the promise concerned an interest in land, the statute of frauds required a signed writing, rendering the oral agreement unenforceable.
Decker Electronics transferred its leased warehouse to Duarte Shipping while still bound by a repair covenant that touched and concerned the property. Because the obligation rested on privity of contract and the landlord did not release it, Decker remained liable after the transfer.
Delta Dynamics received a bequest from a third party solely to Doris Duffy's spouse. Under the uniform act, the gift qualified as a disposition at death to one spouse and was excluded from marital property classification.
The contract merges into the deed. Promises not embodied in the deed are typically discharged, leaving the deed as the sole measure of the grantor's obligations, subject to exceptions such as fraud or mutual mistake.
Supporting sources
Yes. A promise to transfer any interest in land to any person is within the statute of frauds and requires a signed writing to be enforceable.
Supporting sources
The transferor remains obligated if the duty rests on privity of contract and the entitled party does not release it, or if the duty rests on privity of estate that the transfer does not terminate.
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Dwight Dorsey moved to dismiss under Rule 12. The court denied the motion. Dorsey then had fourteen days after notice of the denial to serve his answer, satisfying the timing rule for responsive pleadings.
Doris Duffy challenged a statute limiting contraceptive access to married persons. The Court held that the right of privacy belongs to the individual, married or single, and struck down the law as violating equal protection.
The responsive pleading must be served within fourteen days after notice of the court's action denying the motion or postponing its disposition until trial.
Supporting sources
It refers to the final settlement or determination of the case, such as affirmance, reversal, or remand.
Supporting sources
…and consequently may be exercised over the present case because the right claimed is given by a law of the United States. In the distribution of this power it is declared the Supreme Court shall have original jurisdiction in cases affecting ambassadors and where a state is a party; in all other cases it shall have appellate…