Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Astipulation
archaic, agreement; assent.
In stipulationibus cum quaeritur quid actum sit, verba contra stipulatorem interpretanda sunt.
In agreements, when there is a question whether action has been taken, the terms are to be interpreted against the party offering them. Dig. 45.1.38.18.
In stipulationibus id tempus spectatur quo contrahimus.
In agreements, there is regard to the time at which we reach agreement.
Quoties in stipulationibus ambigua oratio est, commodissimum est id accipi quo res de quo agitur in tuto sit
Whenever in stipulations the expression is ambiguous, it is most proper to give it that interpretation by which the subject matter may be in safety.
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.
Stipulatio
n. [Latin] Roman law. An oral contract requiring a formal question and reply, binding the replier to do what was asked. ( It is essential that both parties speak, and that the reply directly conforms to the question asked and is made with the intent to enter into a contractual obligation. No consideration is required. See actio ex stipulatu under ACTIO. "[I]t must be remembered that the law-forms used by the Romans had their origin in times when writing was neither easy nor common. It is not surprising, therefore, that among them a form of spoken words, a verbal contract, should hold the place which among us is occupied by written notes. This form stipulatio - was of a very simple character, consisting only of a question asked by one party, and an answer returned by the other .... Such forms as Spondesne mihi decem aureos dare (do you engage to give me ten aurei, or gold-pieces): answer, Spondeo (I engage) . . . . " James Hadley, Introduction to Roman Law 210 (1881). "The oldest Roman contract was the stipulatio, an oral promise made by an answer to an immediately preceding question, with the promisor using the same verb. The contract was unilateral. Only one party, the promisor, was legally liable, and he was bound strictly by the words used." Alan Watson, Ancient Law and Modern Understanding 96 (1998).
Stipulation
n. 1. A material condition or requirement in an agreement; esp., a factual representation that is incorporated into a contract as a term <breach of the stipulation regarding payment of taxes>. ( Such a contractual term often appears in a section of the contract called "Representations and Warranties." 2. A voluntary agreement between opposing parties concerning some relevant point <the plaintiff and defendant entered into a stipulation on the issue of liability>. ( A stipulation relating to a pending judicial proceeding, made by a party to the proceeding or the party's attorney, is binding without consideration. "Breach of a stipulation should not be confused with misrepresentation, which is a false statement made before or at the time the contract is made, and which induces the contract; only if it is incorporated into the contract does it become a stipulation orZerm, the breach of which will entitle the injured party to pursue the usual remedies which are available where there has been a breach of a warranty or of a condition." 1 E.W. Chance, Principles of Mercantile Law 239 (P.W. French ed., 13th ed. 1950). "Stipulations with respect to matters of form and procedure serve the convenience of the parties to litigation and often serve to simplify and expedite the proceeding. In some cases they are supported by the policy of favoring compromise in order to reduce the volume of litigation. Hence they are favored by the courts and enforced without regard to consideration." Restatement (Second) of Contracts ยง 94 cmt. a (1981). 3. Roman law. A formal contract by which a promisor (and only the promisor) became bound by oral question and answer. a By the sixth century A.D., stipulations were exclusively in written form. - stipulate (stip-ya-layt), vb. - stipulative (stip-ya-la-tiv), adj.
stipulatio aquiliana
[Latin] Roman law. A type of stipulatio used to collect and discharge all the liabilities owed by a single contract. "[S]tipulatio Aquiliana, a device credited to Aquilius Gallus, of Cicero's time. Where two persons with complex relations between them desired to square or simplify their accounts they could work out the items and arrive at the balance This balance being paid or otherwise arranged, each party would then make with the other this stipulatio, which was a comprehensive formula This would novate all the claims and turn them into a single promise, for an incertum. These mutual stipulations might then be released by acceptilatio." W.W. Buckland, A Manual of Roman Private Law 348 (2d ed. 1953).
stipulatio juris
[Latin "stipulatio as to the law"] The parties' agreement on a question of law or its applicability. ( The court is not bound to accept the stipulation if it is erroneous. But the parties are allowed to stipulate the law to be applied to a dispute.
stipulatio sponsalitia
See SPONSALIA.
stipulation pour autrui
[French "for other persons"] Civil law. A con tractual provision that benefits a third party and gives the third party a cause of action against the promisor for specific performance.See third party beneficiary under BENEFICIARY.