Written by attorneys · grounded in primary & secondary sources — see below
An archaic Law French term denoting negation or the absence of a thing, obligation, or statement.
Sources & Authorities· 21 primary sources
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Statutes
Uniform Acts
How it applies
Common Examples
6
Open Price Term in Sale
Neville Norton agreed to sell goods to Nathan Nguyen but left the price column blank on the contract form. When Nguyen later refused to pay the market rate at delivery, Norton sued for breach. The court treated the omission as nothing said as to price and supplied a reasonable price under the governing statute.
Forged Deed Conveys Nient
Naomi Norton discovered that a stranger had forged her signature on a deed transferring her land to Neil Nair. Nair recorded the deed and sold the parcel to a buyer who paid value without notice. The court held the forged deed conveyed no title, leaving the true owner unaffected despite the recording act.
Nigel Nelson sued in federal court after a railroad accident in state court. The defendant argued federal common law should govern. The court ruled that when no federal statute addressed the issue, no federal rule existed and state substantive law therefore controlled the outcome.
Erie Railroad Co. v. Tompkins304 U.S. 64, 78–80 (1938)
No Taking Where Nient Economic Use
Nancy Nelson owned a historic terminal building. The city denied her application to build an office tower above it. She claimed a regulatory taking. The court found no interference with investment-backed expectations that rose to a taking because the existing use remained economically viable.
Penn Central Transportation Co. et al. v. New York City438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)
Expert Testimony Requires Nient Speculation
Neptune Energy sued a pharmaceutical company after birth defects allegedly caused by a drug. The plaintiffs offered expert testimony based on animal studies alone. The court excluded the testimony because it rested on no reliable scientific methodology connecting the studies to human causation.
Daubert v. Merrell Dow Pharmaceuticals, Inc.509 U.S. 579, 592 (1993)
Zoning Leaves Nient Use Value
National Trust owned land zoned exclusively for single-family homes. It sought to build a shopping center and claimed the ordinance destroyed all economic value. The court upheld the zoning because no total taking occurred. Residential development remained a permitted and viable use.
Village of Euclid Ohio v. Ambler Realty Co.272 U.S. 365, 47 S.Ct. 114, 71 L.Ed 303 (1926)
Common questions
Frequently Asked
3
What does the Law French term nient mean in older legal documents?+
It means not or nothing and was used to express negation or the absence of a stated term, title, or obligation.
Supporting sources
How does nient function when a contract leaves a term unstated?+
It signals that nothing was said about the term, allowing a court to supply a reasonable default such as a reasonable price at the time for delivery.
Supporting sources
Does a forged deed convey any interest when nient valid grant exists?+
No. The forged instrument conveys nient title, so the forger acquires nothing and subsequent purchasers cannot obtain protection under most recording acts.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…that if Mr. Lincoln wished time to consider his answers they would give it, but they had no doubt he ought to answer. There was nothing confidential required to be disclosed; if there had been, he was not obliged to answer it; nor was he obliged to state anything which would criminate himself; but the fact whether such…