Also known as: transmit · transmits · transmitted · transmissible · transmissibility · sending · conveyance
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A renvoi scenario in which the forum applies a foreign jurisdiction's choice-of-law rules that refer the matter onward to the law of a third state whose own rules select its internal law.
The passing of an inheritance to an heir.
Each sense below has its own examples, sources, and questions.
A renvoi scenario in which the forum applies a foreign jurisdiction's choice-of-law rules that refer the matter onward to the law of a third state whose own rules select its internal law.
Select any source to read its text and confirm it supports the definition.
The passing of an inheritance to an heir.
Select any source to read its text and confirm it supports the definition.
Tobias Thomas sold land to Topaz Mining under a contract that omitted a known defect. At closing Thomas delivered the deed while concealing the defect. Topaz later discovered the fraud and sued. Because merger does not bar fraud claims, Topaz recovered damages.
Thomas Thompson served as a state elector. After the popular vote he cast his ballot and the state transmitted the sealed certificate to the President of the Senate. The certificate satisfied the constitutional requirement that each state appoint and certify its electors.
Theresa Tucker, a lawyer, acquired an interest in client Theodore Tucker's business. Tucker prepared a written statement setting out the terms and transmitted it to Theodore. The written statement satisfied the requirement that the transaction be fully disclosed in writing in a manner the client could reasonably understand.
Tonya Takahashi remained in possession of leased premises after her term ended. The landlord treated the continued occupancy as an estate at sufferance. The original conveyance had terminated, yet Takahashi's wrongful holding created the recognized interest.
Timothy Tang's company logged a shipment the same day it occurred. An employee with direct knowledge transmitted the entry into the regular business records. The record satisfied the requirement that it be made at or near the time by someone with knowledge.
Topaz Mining mailed its acceptance of a contract offer to True North Logistics. The acceptance was properly addressed and the company took ordinary precautions for safe transmission. Because those steps were followed, the acceptance became operative upon dispatch.
Transmission occurs when the foreign choice-of-law rules refer the matter to a third state's law that selects its own internal law. Remission occurs when the foreign rules refer back to the forum. American courts generally reject both, but transmission can produce uniformity when all states involved apply the same conflicts rules.
Supporting sources
The civil-law sense refers to the passing of an inheritance to an heir. U.S. jurisdictions use different terminology such as descent or distribution, but the underlying concept of an heir receiving property by operation of law remains relevant in probate.
Supporting sources
…the principal if the event upon which such estate, trust or fund will become distributable should have occurred at the time of sending such notice." Included in the notice was a copy of those provisions of the Act relating to the sending of the notice itself and to the judicial settlement of common trust fund…