Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Counteroffer
n. Contracts. An offeree's new offer that varies the terms of the original offer and that therefore rejects the original offer. -counteroffer, ub. - counterofferor, n. See MIRROR-IMAGE RULE.
Easter-offerings
Eccles. law. Small sums of money paid as personal tithes to the parochial clergy by the parishioners at Easter. 0 Under the Recovery of Small Tithes Act (1695), Easter-offerings were recoverable before justices of the peace. St. 7 & 8 Will. 3, ch. 6. - Also termed Easter-dues.
Final-offer arbitration
arbitration in which both parties are required to submit their "final offer" to the arbitrator, who may choose only one. ( this device gives each party an incentive to make a reasonable offer or risk the arbitrator's accepting the other party's offer. The purpose of this type of arbitration is to counteract arbitrators' tendency to make compromise decisions halfway between the two parties' demands.
Liberata pecunia non liberat offerentem
The return of money does not free the party presenting it (from liability).
Offer
n. 1. The act or an instance of presenting something for acceptance <the prosecutor's offer of immunity>. 2. A promise to do or refrain from doing some specified thing in the future; a display of willingness to enter into a contract on specified terms, made in a way that would lead a reasonable person to understand that an acceptance, having been sought, will result in a binding contract <she accepted the $750 offer on the Victorian armoire >. Cf. ACCEPTANCE. "[A]n offer is, in effect, a promise by the offeror to do or abstain from doing something, provided that the offeree will accept the offer and pay or promise to pay the price' of the offer. The price, of course, need not be a monetary one. In fact, in bilateral contracts, as we explained earlier, the mere promise of payment of the price suffices to conclude the contract, while in a unilateral contract it is the actual pa
Offering
, n. 1. The act of making an offer; something offered for sale. 2. The sale of an issue of securities. See ISSUE (2).
Praesentare nihil aliud est quam praesto dare seu offerre
To present is nothing other than to give or offer on the spot.
Proffer
ub. To offer or tender (something, esp. evidence) for immediate acceptance. - proffer, n.
all-or-none offering
. An offering that allows the issuer to terminate the distribution if the entire block of offered securities is not sold.
cash tender offer
A tender offer in which the bidder offers to pay cash for the target's shares, as opposed to offering other corporate shares in exchange. ( Most tender offers involve cash.
controlled-securities-offering distribution
See securities-offering distribution (1).
controlled-securities-offering distribution.
see securities-offering distribution under distribution.
creeping tender offer
The gradual purchase of a corporation's stock at varying prices in the open market. ( This takeover method does not involve a formal tender offer, although the SEC may classify it as such for regulatory purposes.
cross-offer
n. Contracts. An offer made to another in ignorance that the offeree has made the same offer to the offeror cross-offeror,n,
firm offer
See irrevocable offer under OFFER.
initial public offering
. A company's first public sale of stock; the first offering of an issuer's equity securities to the public through a registration statement. - Abbr. IPO.
irrevocable offer
. An offer that includes a promise to keep it open for a specified period, during which the offer cannot be withdrawn without the offeror's becoming subject to liability for breach of contract. ( Traditionally, this type of promise must be supported by consideration to be enforceable, but under UCC § 2-205, a merchant's signed, written offer giving assurances that it will be held open - but lacking consideration - is nonetheless irrevocable for the stated period (or, if not stated, for a reasonable time not exceeding three months). - Also termed (in the UCC) firm offer; (specif.) merchant's firm offer.
merchant's firm offer
See irrevocable offer under OFFER.
negotiated offering
See OFFERING.
offer in compromise
. See OFFER OF COMPROMISE.
offer of compromise
An offer by one party to settle a dispute amicably (usu. by paying money) to avoid or end a lawsuit or other legal action. ( An offer of compromise is usu. not admissible at trial as evidence of the offering party's liability. - Also termed offer in compromise; offer of settlement.
offer of judgment
A settlement offer by one party to allow a specified judgment to be taken against the party. ( In federal procedure (and in many states), if the adverse party rejects the offer, and if a judgment finally obtained by that party is not more favorable than the offer, then that party must pay the costs incurred after the offer was made. Fed. R. Civ. P. 68.
offer of performance. Contracts.
One party's reasonable assurance to the other, through words or conduct, of a present ability to fulfill contractual obligations. a When performances are to be exchanged simultaneously, each party is entitled to refuse to proceed with the exchange until the other party makes an appropriate offer of performance. "The requirement of an offer of performance is to be applied in the light of what is reasonably to be expected by the parties in view of the practical difficulties of absolute simultaneity and is subject to the agreement of the parties, as supplemented or qualified by usage and course of dealing." Restatement (Second) of Contracts § 238 cmt. b (1981).
offer of proof
Procedure. A presentation of evidence for the record (but outside the jury's presence) usu. made after the judge has sustained an objection to the admissibility of that evidence, so that the evidence can be preserved on the record for an appeal of the judge's ruling. a An offer of proof, which may also be used to persuade the court to admit the evidence, consists of three parts: (1) the evidence itself, (2) an explanation of the purpose for which it is offered (its relevance), and (3) an argument supporting admissibility. Such an offer may include tangible evidence or testimony (through questions and answers, a lawyer's narrative description, or an affidavit). Fed. R. Evid. 103(a)(2). - Also termed avowal.
offer of settlement
. See OFFER OF COMPROMISE.
offer to all the world
See OFFER.
offering circular
A document, similar to a prospectus, that provides information about a private securities offering. - Also termed offering statement. offering price. See asking price under PRICE.
offering price
See asking price.
offering statement.
See OFFERING CIRCULAR.
primary offering
An offering of newly issued securities.
private offering
An offering made only to a small group of interested buyers. Also termed private placement.
proffered evidence
See EVIDENCE.
public offering
An offering made to the general public.
public-exchange offer
A takeover attempt in which the bidder corporation offers to exchange some of its securities for a specified number of the target corporation's voting shares. Cf. TENDER OFFER.
registered offering
A public offering of securities registered with the SEC and with appropriate state securities commissions. -Also termed registered public offering.
registered public offering
See registered offering under OFFERING.
rights offering
An issue of stock-purchase rights allowing shareholders to buy newly issued stock at a fixed price, usu. below market value, and in proportion to the number of shares they already own. - Also termed privileged subscription. Cf. PREEMPTIVE RIGHT.
secondary offering
1. Any offering by an issuer of securities after its initial public offering. 2. An offering of previously issued securities by persons other than the issuer. See secondary distribution (1) under DISTRIBUTION.
securities-offering distribution
1. An issuer's public offering of securities through a formal underwriting agreement with a broker-dealer. - Also termed controlled-securities-offering distribution. 2. An issuer's public offering of securities on an informal basis, with or without brokers. - Also termed uncontrolled-securities-offering distribution.
special offering
See OFFERING.
standing offer
An offer that is in effect a whole series of offers, each of which is capable of being converted into a contract by a distinct acceptance.
takeover offer
See TENDER OFFER.
tender offer
A public offer to buy a minimum number of shares directly from a corporation's shareholders at a fixed price, usu. at a substantial premium over the market price, in an effort to take control of the corporation. - Also termed takeover offer; takeover bid. Cf. publicexchange offer under OFFER.
two-tier offer
See TWO-TIER OFFER. 3. A price at which one is ready to buy or sell; BID < she lowered her offer to $200 > . 4. ATTEMPT (2) <an offer to commit battery>. -offer, ub. - offeror, n. - offeree, n "Where criminal assault has been given this dual scope, a definition in terms of 'an attempt or offer' to commit a battery is assumed to represent both grounds. The word 'offer,' it is said, signifies a threat that places the other in reasonable apprehension of receiving an immediate battery. It would be a mistake, however, to assume that the word carried any such significance when it first appeared in the definition of this offense. In one of its meanings, 'offer' is a synonym of 'attempt.'" Rollin M. Perkins & Ronald N. Boyce, Criminal Law 163 (3d ed. 1982).
uncontrolled-securities-offering distribution
See securities-offering distribution under DISTRIBUTION.
undigested offering
A public offering of securities that remain unsold because there is insufficient demand at the offered price.