Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Assessment contract
see contract
Bolus dans locum contractui
[Latin] Fraud (or deceit) giving rise to the contract; specif., a fraudulent misrepresentation that, having been made by one of the parties to the contract and relied on by the other, was actually instrumental in inducing the latter to enter into the contract.
Contract
n. 1. An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law <a binding contract>. 2. The writing that sets forth such an agreement <a contract is valid if valid under the law of the residence of the party wishing to enforce the contract>."A contract is a promise, or a set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. This definition may not be entirely satisfactory since it requires a subsequent definition of the circumstances un-der which the law does in fact attach legal obligation to promises. But if a definition were attempted which should cover these operative facts, it would require compressing the entire law relating to the formation of contracts into a single sentence." Samuel Williston, A Treatise on the Law of Contracts § 1, at 1-2 (Walter H.E. Jaeger ed., 3d ed. 1957) (footnote omitted).
Contract Clause
See CONTRACTS CLAUSE,
Contractee
Rare. A person with whom a contract is made.
Contractor
1. A party to a contract. 2. More specif., one who contracts to do work or provide supplies for another.
Contracts Clause
The clause of the U.S. Constitution prohibiting states from passing a law that would impair private contractual obligations. ( The Supreme Court has generally interpreted this clause so that states can regulate private contractual obligations if the regulation is reasonable and necessary. U.S. Const. art. I, § 10, cl. 1. - Also termed Contract Clause; Obligation of Contracts Clause.
Contractus
[Latin] Roman law. A contract; an agreement between two or more parties, usu. to create an actionable bond between them. See CONTRAHERE."The texts of the Roman Law do not supply a definition of contract. The words contractus - contrahere - like contract' in English, are used in various senses, sometimes wider, sometimes narrower. Labeo gives contractus the meaning of a reciprocal obligation, such as purchase and sale, hire, partnership. But when the Romans speak of obligation arising from contract, they mean obligations arising from convention or agreement. In Roman law it was far from being the case that all agreements which might be expected to produce a legal obligation did so." R.W. Lee, The Elements of Roman Law 285 (4th ed. 1956).
Contractus est quasi actus contra actum
A contract is, as it were, act against act.
Contractus ex turpi causa vel contra bonos mores nullus est
A contract founded on a wrongful consideration or against good morals is null.
Contractus legem ex conventione accipiunt
Contracts receive legal validity from the agreement of the parties.
Debitum et contractus sunt nullius loci
Debt and contract belong to no particular place.
EPC contract
See engineering, procurement, and construction contract under CONTRACT.
Eisdem modis dissolvitur obligatio quae nascitur ex contractu, vel quasi, quibus contrahitur
An obligation that arises from a contract or quasi contract is dissolved in the same ways in which it is contracted.
Ex maleficio non oritur contractus
A contract does not arise out of an illegal act.
Ex turpi contractu non oritur action
No action arises from a wrongful contract.
In contractibus tacite insunt quae sunt moris et consuetudinis
In contracts, matters of custom and usage are tacitly implied. ( A contract is understood to contain the customary clauses, although they are not expressed.
In contractibus, benigna; in testamentis, benignior; in restitutionibus, benignissima interpretatio facienda est
In contracts, the interpretation or construction should be liberal; in wills, more liberal; in restitutions, most liberal.
In contractibus, rei veritas potius quam scriptura perspici debet
In contracts, the truth of the matter ought to be regarded rather than the writing.
In omnibus contractibus, sive nominatis sive innominatis, permutatio continetur
In all contracts, whether express or implied, there must be something given in exchange. 2 Bl. Com. 444.
Legem enim contractus dat
The contract gives the law.
Locus contractus regit actum
The place of the contract governs the act.
Noncontractual
adj. Not relating to or arising from a contract <a noncontractual obhgation>. -Also termed noncontract.
Nul charter, nul vente, ne nul done vault perpetualment, si le donor West seine al temps de contracts de deux droits, sc. del droit de possession et del droit de proper ite
No grant, no sale, no gift, is valid foreveunless the donor, at the time of the contract, i seised of two rights, namely, the right of T);, session and the right of propert
Obligation of Contracts Clause.
See CONTRACTS CLAUSE.
Pacta dant legem contractui
Agreements give law to the contract.
Praescriptio et executio non pertinent ad valorem contractus, sed ad tempus et modum actionis instituendae
Prescription and execution do not affect the validity of the contract, but affect the time and manner of bringing an action.
Precontract
A contract that precludes a party from entering into a comparable agreement with someone else. Cf. LETTER OF INTENT.
Quae dubitationis tollendae causa contractibus inseruntur jus commune non laedunt
Clauses inserted in agreements to remove ambiguity do not prejudice the general law. Dig. 50.17.81.
Semper in dubiis id agendum est, ut quam tutissimo loco res sit bona fide contracts, nisi quum aperte contra leges scriptum est
Always in doubtful cases that is to be done by which a bona fide contract may be in the safest condition, except when it has been drawn up clearly contrary to law.
Semper in stipulationibus et in caeteris contractibus id sequimur quod actum est
In stipulations and other contracts, we always follow what was done (or agreed to). Dig. 50.17.34.
Subcontract
A contract made by a party to another contract for carrying out the other contract, or a part of it.
Subcontractor
One who is awarded a portion of an existing contract by a contractor, esp. a general contractor. ( For example, a contractor who builds houses typically retains subcontractors to perform specialty work such as installing plumbing, laying carpet, making cabinetry, and landscaping - each subcontractor is paid a somewhat lesser sum than the contractor receives for the work.
Uniuscujusque contractus initium spectan dum est et causa
The beginning and cause cr each and every contract must be considered
accessory contract.
See CONTRACT. accessory obligation. See OBLIGATION. accessory right. See RIGHT.
actio ex contractu
An action arising out of a contract. 0 This term had a similar meaning at common law.
action ex contractu
A personal action arising out of a contract."Actions ex contractu were somewhat illogically classified thus: covenant, debt, assumpsit, detinue, and account. The action of covenant lay where the party claimed damages for a breach of contract or promise under seal. The writ of debt lay for the recovery of a debt; that is, a liquidated or certain sum of money alleged to be due from defendant to plaintiff. The writ of detinue was the ancient remedy where the plaintiff claimed the specific recovery of goods, chattels, deeds, or writings detained from him. This remedy fell into disuse by reason of the unsatisfactory mode of trial of 'wager of law,' which the defendant could claim; and recourse was had to the action of replevin. In the American States an action of replevin founded upon statute provisions is almost uni-versally the remedy for the recovery of specific personal property." Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 5 (2d ed. 1899).
action ex contractu.
See action
active breach of contract.
See BREACH OF CONTRACT.
adhesion contract
A standard-form contract prepared by one party, to be signed by the party in a weaker position, usu. a con-
adhesionary contract
See adhesion contract under CONTRACT.
adhesory contract
See adhesion contract under CONTRACT.
aleatory contract
A contract in which at least one party's performance depends on some uncertain event that is beyond the control of the parties involved. Most insurance contracts are of this type. - Also termed hazardous contract. Cf. certain contract.
aleatory contract.
see contract.
alternative contract
A contract in which the performing party may elect to perform one of two or more specified acts to satisfy the obligation; a contract that provides more than one way for a party to complete performance, usu. permitting that party to choose the manner of performance. - Also termed alternative-methods-of-performance contract.sumer, who has little choice about the terms. - Also termed contract of adhesion; adhesory contract; adhesionary contract; takeit-or-leave-it contract; leonine contract. "Some sets of trade and professional forms are extremely one-sided, grossly favoring one interest group against others, and are commonly referred to as contracts of adhesion. From weakness in bargaining position, ignorance, or indifference, unfavored parties are willing to enter transactions controlled by these lopsided legal documents." Quintin Johnstone & Dan Hopson, Jr., Lawyers and Their Work 329-30 (1967).
alternative-methods-of-performance contract
see alternative contract under contract.
assessment contract
A contract in which the payment of a benefit is dependent on the collection of an assessment levied on persons holding similar contracts. See assessment insurance under INSURANCE.
best-efforts contract
A contract in which a party undertakes to use best efforts to fulfill the promises made; a contract in which the adequacy of a party's performance is measured by the party's ability to fulfill the specified obligations. ( Although the obligor must use best efforts, the risk of failure lies with the obligee. To be enforceable, a best-efforts term must generally set some kind of goal or guideline against which the efforts may be measured. See BEST EFFORTS.
best-efforts contract.
See CONTRACT,
bilateral contract
A contract in which each party promises a performance, so that each party is an obligor on that party's own promise and an obligee on the other's promise. -Also termed mutual contract; reciprocal contract."In a bilateral contract a promise, or set of promises on one side, is exchanged for a promise or a set of promises on the other side. In a unilateral contract, on the other hand, a promise on one side is exchanged for an act (or a forbearance) on the other side. Typical examples of bilateral contracts are contracts of sale, the buyer promising to pay the price and the seller promising to deliver the goods. A typical example of a unilateral contract is a promise of a reward for the finding of lost property followed by the actual finding of the property." P.S.