Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Promissory
[Latin] Civil lace. A promisor; specif., a party who undertakes to do a thing in response to the interrogation of the other party (the stipulator).
promissory condition
A condition that is also a promise. "The distinction between a condition which is also a promise, and a condition which is not the subject of a promise, is often one of great difficulty and importance, especially where the term is implied and not expressed, and it is unfortunate that legal usage has sanctioned the word 'condition' for two such different concepts. It would at least be desirable if lawyers could be persuaded to refer to conditions which are the subject of a promise as 'promissory conditions', a usage which it is proposed to adopt here." P.S. Atiyah, An Introduction to the Law of Contract 147 (3d ed. 1981).
promissory estoppel
The principle that a promise made without consideration may nonetheless be enforced to prevent injustice if the promisor should have reasonably expected the promisee to rely on the promise and if the promisee did actually rely on the promise to his or her detriment. - Also termed (inaccurately) equitable estoppel. "The doctrine of promissory estoppel is equitable in origin and nature and arose to provide a remedy through the enforcement of a gratuitous promise. Promissory is distinct from equitable estoppel in that the representation at issue is promissory rather than a representation of fact. Promissory estoppel and estoppel by conduct are two entirely distinct theories. The latter does not require a promise.' " Ann Taylor Schwing, California Affirmative Defenses ยง 34:16, at 35 (2d ed. 1996) (quoting Division of Labor Law Enforcement v. Transpacific Transp. Co., 88 Cal. App. 3d 823, 829 (Cal. Ct. App. 1979)).
promissory fraud
A promise to perform made when the promisor had no intention of performing the promise. - Also termed common-law fraud.
promissory note
See NOTE (1)
promissory note.
An unconditional written promise, signed by the maker, to pay absolutely and in any event a certain sum of money either to, or to the order of, the bearer or a designated person. - Also termed note o f hand.
promissory oath
See OATH.
promissory oath.
An oath that binds the party to observe a specified course of conduct in the future. ( Both the oath of office and the oath of allegiance are types of promissory oaths.
promissory representation
A representation about what one will do in the future; esp., a representation made by an insured about what will happen during the time of coverage, stated as a matter of expectation and amounting to an enforceable promise. 2. The act or an instance of standing for or acting on behalf of another, esp. by a lawyer on behalf of a client <Clarence Darrow's representation of Mr. Scopes>. 3. The fact of a litigant's having such a close alignment of interests with another person that the other is considered as having been present in the litigation <the named plaintiff provided adequate representation for the absent class members>. See ADEQUATE REPRESENTATION. 4. The assumption by an heir of the rights and obligations of his or her predecessor <each child takes a share by representation>. See PER STIRPES. - represent, vb.
promissory warranty
A warranty that facts will continue to be as stated throughout the policy period, such that a failure of the warranty provides the insurer with a defense to a claim under the policy. - Also termed continuing warranty.