Also known as:interpartes · inter-partes · between the parties
Written by attorneys · grounded in primary & secondary sources — see below
A phrase denoting a proceeding, agreement, or obligation that operates solely between the parties to a transaction or dispute.
Sources & Authorities· 14 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Common Law
Restatements
Hornbooks
Study Supplements
Dictionaries
How it applies
Common Examples
6
Signed Memo Between Merchants
Indigo Textiles sent Iris Energy a signed purchase order confirming the sale of fabric bolts for $600. When Iris later refused delivery, Indigo sued to enforce the deal. The order satisfied the statute of frauds because it was sufficient to indicate that a contract had been made between the parties.
Graduation Ends Student Suit
Ira Irving sued a law school over its admissions policy while still enrolled. By the time the case reached the court of appeals, Ira had completed all credits and was set to graduate regardless of the outcome. The intervening graduation removed any live controversy between the parties, rendering the action moot.
Oral Deal for Equipment
Imperial Motors orally agreed to sell Ivan Ivanov a used truck for $2,500. Ivan paid a deposit and took possession, but Imperial later denied any contract existed. The signed delivery receipt was enough to show that a contract for sale had been made between the parties, satisfying the statute of frauds for the quantity stated.
Competitor's Bid Interference
Iris Irons submitted a bid to supply parts to Ironwood Capital. Israel Irving, a rival supplier, contacted Ironwood and falsely claimed Iris could not meet delivery deadlines. The closeness of the relations between the parties was a factor in determining whether Irving's conduct amounted to improper interference.
Easement Granted Without Privity
Ingrid Innes and Iain Irons owned undivided interests in a parcel. Ingrid granted a right-of-way across the eastern portion to a utility company. No privity relationship between the parties was necessary to create the servitude, so the easement was valid despite the concurrent ownership.
Immigration Marriage Agreement
Iain Irons married Ingrid Innes so she could obtain a green card. They signed a side agreement stating they would not live together or share finances. The collateral agreement between the parties was invalid as contrary to public policy, even if the marriage itself satisfied formal requirements.
Common questions
Frequently Asked
6
What does inter partes mean in the context of a writing that satisfies the statute of frauds?+
It refers to a signed record that shows a contract was made between the parties or offered by the signer to the other party. The writing need not contain every term but must be sufficient to indicate the existence of an agreement between those parties.
How does inter partes status affect mootness analysis?+
When intervening events eliminate any live controversy between the parties, the case becomes nonjusticiable. The court's decision would have no practical effect on the rights of those parties, so the action is dismissed as moot.
Does an inter partes writing under the UCC need to state all agreed terms?
+
No. A record is not insufficient merely because it omits or incorrectly states a term. It must still indicate that a contract for sale was made between the parties and be signed by the party against whom enforcement is sought.
Why is the relation between the parties relevant in tortious interference claims?+
The closeness or nature of the relations between the parties is one factor used to determine whether the actor's interference was improper. Closer relationships may weigh against finding improper conduct when the actor has a legitimate interest in the transaction.
Is privity between the parties required to create a servitude?+
No. Modern law permits creation of a servitude without any privity relationship between the parties. The grant is effective as between the grantor and grantee even when the land is held in concurrent ownership.
When is a collateral agreement between marriage parties unenforceable?+
An agreement that contradicts the essential obligations of marriage, such as a promise not to provide support, is invalid as against public policy. The marriage itself may remain valid, but the side agreement between the parties will not be enforced.
between
the litigants, the Court accepts as a basis for…
inter
fering with its attempted takeover of Chicago Rivet, but also to bar the…
, by procuring for them a surer-footed reading of applicable law.[^maj-15] Certainly, if the federal claims are dismissed before trial, even though not insubstantial in a jurisdictional…
Business Associations Corporations and LlcsClose corporations and special control devices · Special agreements allocating authorityUBEIntermediate