Also known as: purports · purported · purporting
Written by attorneys · grounded in primary & secondary sources — see below
A representation or claim by a person or instrument that it possesses a particular character, status, or effect. The claim may be made expressly or by conduct and need not be true.
Piper Patel, an agent for Phoenix Technologies, tells the principal she knows industry standards because she purports to have advanced training. She fails to check updated regulations. The principal later learns the information was incomplete and holds Patel accountable for the shortfall.
Philip Powell offers to sell land to Pinnacle Holdings for $500,000. Pinnacle replies that it accepts but only if Powell also conveys adjacent timber rights. The reply purports to accept yet adds new terms, so no contract forms and the reply operates as a counteroffer.
Select any source to read its text and confirm it supports the definition.
Paige Porter, landlord of a commercial building leased to Pioneer Energy, purports to fix a leaking roof while the tenant occupies the space. She performs the work negligently and leaves the area more hazardous. A visitor injured by the hidden defect sues Porter for the resulting harm.
Peter Park tells a supplier he is a partner in Prosperity Investments even though he is not. Relying on the statement, the supplier extends credit to the firm. Park is liable to the supplier for the resulting debt as if he were a partner.
Parker Phillips includes a clause in his will that purports to disinherit any beneficiary who contests the will. A child with probable cause files a will contest. The clause is unenforceable against the child.
Paula Pierce offers a state agency document bearing a seal that purports to be the official seal of the state. No extrinsic evidence of authenticity is required, and the document is admitted under the self-authentication rule.
A person or document that purports to act claims or appears to possess authority or status, but the claim may be false or ineffective. Liability or effect often turns on whether third parties reasonably relied on the appearance created by the purported act.
A reply that purports to accept but conditions acceptance on additional or different terms is treated as a counteroffer rather than an acceptance. The offeree's statement must be unconditional to form a contract under the mirror-image rule.
A clause that purports to penalize a contest is unenforceable when probable cause supports the proceeding. Courts refuse to enforce such penalties to protect legitimate challenges to estate documents.
A seal that purports to belong to the United States, a state, or a political subdivision authenticates the document without extrinsic proof. The seal itself supplies the necessary indication of genuineness.
…Constitution does not permit the Supreme Court to exercise as original jurisdiction. Because the provision in the Judiciary Act purporting to extend original jurisdiction of this Court is inconsistent with the Constitution the act is void so far as it attempts such extension. The Court therefore has no original jurisdiction to…