Glossary

Acceptance – agreement to the terms of an offer that, provided certain other requirements are fulfilled, converts the offer into a legally binding contract

Bargain – an agreement between parties fixing obligations that each promises to carry out

Bribe – something, such as money or a favour, offered or given to induce or influence a person to act dishonestly

Capacity – competence to enter into a legally binding agreement

Cohabitation – living together as husband and wife

Collateral contract – a subsidiary contract that provides a person to enter into a main contract

Commission – authority to exercise a power or direction to perform a duty

Consideration – an act or promise by one party to a contract that constitutes an agreement with other party; recompense

Deed – a written document that must make it clear on its face that it is intended to be a deed and validly executed as a deed

Duress – illegal coercion or confinement

Estoppel – a rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist

Fraud – a person who cheats, who assumes a false pose; an impostor

Freedom of contract – 1. It is the individual’s choice whether or not to enter into a contract, and if so with whom - in other words, the freedom to contract, or “party freedom”. 2. It is the freedom to decide on the content of the contractual obligations undertaken, or “term freedom”. This allows parties to make unwise, and even unfair, bargains - it is their decision, and the courts will not generally intervene to protect them from their own foolishness.

Injunction – a court order that prohibits a party from doing something (restrictive injunction) or compels them to do something (mandatory injunction).

Joinder of documents – the connecting together of two or more documents so that, jointly, they fulfill statutory requirements when one of the documents alone would be insufficient.

Misrepresentation – an untrue statement of fact, made by one party to the other in the course of negotiating a contract that induces the other party to enter into the contract

Negligence – 1. Carelessness amounting to the culpable breach of a duty: failure to do something that a reasonable man would do or not do. 2. A tort consisting of the breach of a duty of care resulting in damage to the claimant

Offer – an indication of willingness to do or refrain from doing something that is capable of being converted by acceptance into a legally binding contract

Prima facie – (Latin) a legal presumption which means “on the face of it” or “at first sight”. Law-makers will often use this device to establish that if a certain set of facts are proven, then another fact is established prima facie. For example, proof of mailing a letter is prima facie proof that it was received by the person to whom it was addressed and will be accepted as such by a court unless proven otherwise. Other situations may require a prima facie case before proceeding to another step in the judicial process so that you would have to at least prove then that at first glance, there appears to be a case.

Remedy – any of the methods available at law for the enforcement, protection, or recovery of rights or for obtaining redress for their infringement

Restitution – the return of property to the owner or person entitled to possession

Tort – a wrongful act or omission for which damages can be obtained in a civil court by the person wronged, other than a wrong that is only a breach of contract

Trial – the hearing of a civil or criminal case before a court of competent jurisdiction. Trials must, with rare exceptions be held in public. At the trial all issues of law and fact arising in the case will be determined.

Trial at bar – trial on indictment before three or more judges of the Queen's Bench Division and a jury: formerly used for the trial of criminal cases of exceptional public importance. The last such trial was that of Sir Roger Casement for treason in 1916 and the procedure was abolished by the Courts Act 1971.

Trial on indictment – the trial of a person charged with an indictable offence, which is conducted by jury in the Crown Court. The indictment is read out to the accused at the start of the trial. There are a number of differences between trial on indictment and summary trial (i.e. by magistrates). The courts have power to impose greater penalties on indictment and there is no time limit before which indictable offences must be tried (most summary offences must be tried within six months).

Trier of fact – a member of a court who has the duty to decide questions of fact. In criminal trials on indictment and civil trials with a jury, the jury is the trier of fact; in civil trials by judge alone and in summary trials, the judge and magistrates, respectively, decide all issues both of law and fact.

Unilateral contracts – a contract in which one party (the promisor) undertakes to do or refrain from doing something if the other party (the pкomisee) does or refrains from doing something, but the promise does not undertake to do or refrain from doing that thing.

Voidable contracts – a contract that, though valid when made, is liable to be subsequently set aside

Wagering contracts – A sort of gaming contract - a contract involving the playing of a game of chance by any number of people for money or money's worth. A wagering contract is one involving two parties only, each of whom stands to win or lose something of value according to the result of some future event (e.g. a horse race) or to which of them is correct about some past or present fact: neither party can have any interest in the contract except his stake. In general, gaming and wagering contracts are by statute null and void and no action can be brought to recover any money paid or won under them.

Warranty – a term or promise in a contract, breach of which will entitle the innocent party to damages but not to treat the contract as discharged by breach

Annexes

Principles of European Contract Law

[Part 1, 1995]

Part I - Performance, Non-performance, Remedies.