Also known as: incorporate · incorporates · incorporated · incorporating · incorporator · incorporators · incorporamus
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A preliminary statement or writing that becomes part of a later contract when the parties manifest assent through an offer or acceptance. The incorporated material may supply terms even if the original communication was not itself an offer. It may also satisfy the statute of frauds or form part of an integrated agreement.
A preliminary statement or writing that becomes part of a later contract when the parties manifest assent through an offer or acceptance. The incorporated material may supply terms even if the original communication was not itself an offer. It may also satisfy the statute of frauds or form part of an integrated agreement.
Select any source to read its text and confirm it supports the definition.
A doctrine permitting a writing in existence when a will is executed to become part of the will. The will must manifest an intent to incorporate the writing and must identify it with reasonable certainty.
Select any source to read its text and confirm it supports the definition.
The process by which selected provisions of the Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment.
Select any source to read its text and confirm it supports the definition.
A doctrine permitting a writing in existence when a will is executed to become part of the will. The will must manifest an intent to incorporate the writing and must identify it with reasonable certainty.
The process by which selected provisions of the Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment.
Each sense below has its own examples, sources, and questions.
Igor Ito sends Ironwood Capital a price list for steel beams that states the beams will be available at listed prices for ninety days. Ironwood later sends an offer referencing the price list and accepts delivery. When a dispute arises over pricing, the court treats the list as part of the contract because the parties incorporated its terms through the subsequent offer and acceptance.
Ines Ibarra orders industrial equipment from Ivy Investments on a purchase order that is silent on arbitration. Ivy's acknowledgment adds an arbitration clause. Both parties perform the contract without further discussion. The court finds a contract formed by conduct and incorporates only the terms on which the writings agree plus any supplementary UCC terms.
A preliminary communication may contain promises or representations that become part of a later offer and are accepted into the contract. The material can also satisfy the statute of frauds or form part of an integrated writing.
Supporting sources
Ismael Ibrahim executes a will that refers to a trust agreement he signed the previous week and states that the trust terms shall govern distribution of his residuary estate. The trust document exists at the time of the will and is described with enough detail to identify it. The probate court treats the trust agreement as incorporated by reference into the will.
Ian Iverson's will states that the residue shall pass according to a schedule he signed the day before and that is described as the list of charitable beneficiaries attached to his desk ledger. The schedule existed when the will was executed and is identified with sufficient particularity. The probate court incorporates the schedule into the will by reference.
Incorporation by reference requires the will to manifest intent to incorporate the writing and to identify it with reasonable certainty. Mere physical attachment without these elements does not satisfy the doctrine.
Supporting sources
Ira Inman, a resident of State A, challenges State A's handgun ban after his arrest. The court applies the Second Amendment to the state through the Fourteenth Amendment's Due Process Clause, holding that the right to keep and bear arms is incorporated and invalidates the state law.
Inez Ingram is tried in State B court for a serious offense without a unanimous jury. The federal court holds that the Sixth Amendment unanimity requirement has been incorporated against the states via the Fourteenth Amendment and reverses the conviction.
No. General jurisdiction exists only where the corporation is at home, typically its place of incorporation or principal place of business, absent exceptional circumstances.
Supporting sources
A corporation is a citizen of every state in which it is incorporated and of the state where it has its principal place of business.
Supporting sources
…fetus as well as a quick fetus, it made the former only a misdemeanor, but the latter second-degree manslaughter. Second, it incorporated a concept of therapeutic abortion by providing that an abortion was excused if it "shall have been necessary to preserve the life of such mother, or shall have been advised by two…