Also known as: transactions
Written by attorneys · grounded in primary & secondary sources — see below
An exchange or dealing between parties involving the formation, performance, or discharge of a contract or the transfer of property or interests.
Select any source to read its text and confirm it supports the definition.
Tanner Thompson fell behind on mortgage payments to Threshold Capital. He voluntarily conveyed the property deed to the lender. Threshold Capital accepted the deed and discharged the remaining debt without pursuing foreclosure proceedings.
TechVista Solutions sued Theodore Tucker for unpaid software licensing fees. Tucker responded with a counterclaim alleging the software contained defects that caused his business losses. The court required Tucker to assert the defect claim because it arose from the same licensing arrangement.
Theresa Tucker asked her lawyer to purchase an ownership stake in her startup. The lawyer disclosed the terms in writing, advised her to consult independent counsel, and obtained her signed consent before completing the purchase.
Thunderbolt Motors appointed Timothy Tang to negotiate and close multiple vehicle purchase contracts over several months. Tang's authority covered a continuing series of similar transactions rather than a single isolated deal.
Tiffany Torres signed a loan agreement while heavily medicated after surgery. She could not reasonably comprehend the repayment terms or consequences at the time of signing.
Terra Financial hid material financial data from Theo Thomas during their investment agreement. The concealment prevented Thomas from discovering the true risks, exposing Terra Financial to liability for resulting losses.
The transfer must be voluntary and supported by consideration in the form of debt discharge. Courts examine the facts for any signs of duress or unfairness that could invalidate the exchange.
A claim must be stated if it arises from the transaction or occurrence that forms the subject matter of the opposing party's claim and does not require adding a party beyond the court's jurisdiction.
…to being sworn, alleging they were clerks in the Department of State and not bound to disclose facts relating to the business or transactions in the office. Mr. Lee observed that the Secretary of State's duties are of two kinds and he exercises functions in two distinct capacities: as a public ministerial officer of the United…
…means by the term "privacy" no more than that the claim of a person to be free from unwanted state regulation of consensual transactions may be a form of "liberty" protected by the Fourteenth Amendment, there is no doubt that similar claims have been upheld in our earlier decisions on the basis of that liberty. I agree with…
…for alleged libel in an article purporting to state facts relating to his official conduct in connection with a school-fund transaction. The defendant pleaded privilege and the trial judge, over the plaintiff's objection, instructed the jury that "where an article is published and circulated among voters for the sole…
…rise to more uncertainty as to legal rights; and though doubtless intended to promote uniformity in the operation of business transactions, its chief effect has been to render it difficult for business men to know in advance to what particular topic the Court would apply the doctrine. . . ." The Federal Digest, through the…
…as it would be if tried in a State court. The nub of the policy that underlies Erie R. Co. v. Tompkins is that for the same transaction
The terms must be fair and reasonable, fully disclosed in writing, the client must be advised to seek independent counsel, and the client must give informed written consent to the essential terms and the lawyer's role.
A general agent is authorized to conduct a series of transactions involving continuity of service, while a special agent handles only a single transaction or a series lacking that continuity.
A party lacks capacity if unable to understand the nature and consequences of the transaction in a reasonable manner, or if unable to act reasonably in relation to it when the other party has reason to know of the condition.
A party who intentionally prevents the other from acquiring material information through concealment is liable for pecuniary loss as if the concealed matter did not exist.