Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
A word or phrase with a fixed meaning in a legal field.
2
in contract law
A contractual stipulation that forms part of an agreement between parties.
Each sense below has its own examples, sources, and questions.
Sense 1
1
Sense 1
A word or phrase with a fixed meaning in a legal field.
Examples4
Unlawful Objective Agreement
Theodore Tucker and Thomas Thompson agreed to pursue an objective contrary to public welfare even though the conduct was not itself a crime. The court held their pact satisfied the definition of conspiracy because the term unlawful reached beyond criminal acts.
Import Duty Uniformity Challenge
Tracy Torres challenged a federal statute imposing nonuniform duties on imports. The court upheld the law because the term 'uniform' in Article I Section 8 requires duties to be uniform throughout the United States.
Sense 2
2
in contract law
A contractual stipulation that forms part of an agreement between parties.
Examples2
Deed Acceptance Dispute
Tobias Thomas accepted the deed at closing from Terra Financial. The court ruled that the repair obligation in the original contract merged into the deed and could no longer be enforced as a separate term.
Confidential Information Bar
Tori Taylor, a former government employee, sought to represent a private client adverse to a person about whom she held confidential government information. The ethics board disqualified her under the term prohibiting use of such information to the material disadvantage of that person.
Tiffany Torres offered a statement describing her then-existing intent to sell property. The court admitted the evidence under the hearsay exception because the term covers statements of motive, intent, or plan.
Life Estate Creation
Triumph Manufacturing conveyed land to Tobias Thomas for the life of Tobias Thomas. The court recognized the conveyance as creating a life estate because the term specifically described duration in terms of a human life and was not terminable at a fixed period.
Frequently Asked1
Does the term unlawful in common law conspiracy require a criminal objective?+
No. The term unlawful extends beyond conduct classified as criminal and includes noncriminal activities contrary to the public welfare.
Frequently Asked2
What distinguishes a fundamental term from an ordinary contractual term?+
A fundamental term is a contractual provision that must be included for a contract to exist or that specifies an essential purpose of the contract. Breach of such a term makes performance essentially different from what was promised.
When does merger discharge contractual terms after closing?+
Merger occurs when the buyer accepts the deed. Contractual promises not embodied in the deed are discharged unless they involve fraud, mutual mistake, or collateral promises.
5 U.S. (1 Cranch) 137 (1803)Property
…is entitled. A justice of the peace in the District of Columbia is not removable at the will of the President. At the last term, viz. December term, 1801, William Marbury, Dennis Ramsay, Robert Townsend Hooe, and William Harper, by their counsel Charles Lee, late Attorney General of the United States, severally…