Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Abstracter
See ABSTRACTOR.
As-extracted collateral
see collateral.
Assessment contract
see contract
Attractive nuisance.
see nuisance.
Attractive-nuisance doctrine.
torts. The rule that a person who owns property on which there is a dangerous thing or condition that will foreseeably lure children to trespass is under a duty to protect those children from the danger <the attractive-nuisance doctrine imposed a duty on the school to protect the children from the shallow, polluted pond on school property>. - also termed turntable doctrine; torpedo doctrine. See dangerous instrumentality.
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.
Cognomen majorum est ex sanguine tractum, hoc intrinsecum est; agnomen extrinsecum ab eventu
The cognomen is derived from the blood of ancestors and is intrinsic; an agnomen (or honorary title) arises from an event, and is extrinsic.
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.
Detraction
n. The removal of property from one state to another after transfer of title by a will or inheritance.
Distracted
adj. 1. (Of a person) not concentrating. 2. (Of a person) disordered.
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.
Qui tacet consentire videtur ubi tractatur de ejus commodo
A party who is silent is considered as assenting, when his advantage is debated.
Quod ab initio non valet, (in) tractu temporis non convalescet
What is ill from the outset will not be cured by passage of time.
Quod initio non valet, tractu temporis non valet
What is void in the beginning does not become valid by passage of time.
Quod initio vitiosum est non potest tractu temporis convalescere
What is defective in origin cannot be mended by passage of time.
Retraction
n. 1. The act of taking or drawing back <retraction of anticipatory repudiation before breach of contract>. 2. The act of recanting; a statement in recantation <retraction of a defamatory remark>. 3. Wills & estates. A withdrawal of a renunciation <because of her retraction, she took property under her uncle's will>. See RENUNCIATION (3). - retract, vli.
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.
Sponte virum fugiens mulier et adultera facta, doti sua careat, nisi sponsi sponte retracta
A woman leaving her husband of her own accord and committing adultery should lose her dower, unless she is taken back by her husband of his own accord.
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.
Substraction
n. The secret misappropriation of property, esp. from a decedent's estate.
Subtraction
1 The process of deducting one number from another number to determine the difference. 2. Hist. The act of neglecting a duty or service that one party owes to another, esp. one that arises out of land tenure. "Subtraction, which is the fifth species of injuries affecting a man's real property, happens, when any person who owes any suit, duty, custom, or service to another, withdraws or neglects to perform it. It differs from a disseisin, in that this is committed without any denial of the right, consisting merely in non-performance; that strikes at the very title of the party injured, and amounts to an ouster or actual dispossession. Subtraction however, being clearly an injury, is remediable by due course of law: but the remedy differs according to the nature of the services; whether they be due by virtue of any tenure, or by custom only." 3 William Blackstone, Commentaries on the Laws of England 230 (1768).
Tract
A specified parcel of land <a 40-acre tract > .
Tractent fabrilia fabri
Let smiths perform the work of smiths.