Glossar Flashcards
Parol Evidence Rule
Only the written contract counts once the parties have decided to set their agreement in writing.
Locus poenitentiae
Locus poenitentiae is a Latin phrase associated with contractual law which means opportunity to withdraw from a contract or obligation before it is completed or to decide not to commit an intended crime.
in pari delicto
In pari delicto (potior/melior est conditio possidentis), Latin for “in equal fault (better is the condition of the possessor)”, is a legal term used to indicate that two persons or entities are equally at fault, whether the malfeasance in question is a crime or tort.
Quantum Valebat
QUANTUM VALEBAT, pleading. As much as it was worth. When goods are sold, without specifying any price, the law implies a promise from the buyer to the seller that he will pay him for them as much as they were worth. 2. The plaintiff may, in such case, suggest in this declaration that the defendant promised to pay him as much as the said goods were worth, and then aver that they were worth so much, which the defendant has refused to pay. Vide the authorities cited under the article Quantum meruit.
Officious Bystander Test
Technique for determining if an unexpressed condition was implied at the time a contract was drawn. In this test, an arbitrator or investigator tries to ascertain what would have been the reply of the contracting parties if a nosy-bystander had then asked them, “Do you intend to include the term ‘x’ in the contract?” If the parties, under the circumstances prevailing at that time, would have answered “Yes, definitely!” then the term ‘x’ is assumed to be an implied term. However, a term is not deemed to be implied simply because it seems logical or reasonable under the current circumstances.
inter alia
among other things
prima facie
Prima facie is a Latin expression meaning on its first encounter or at first sight
Ad idem
Meeting of the minds
Ultra Vires
Ultra vires is a Latin phrase meaning “beyond the powers”. An act which requires legal authority but is done without it is characterised in law as ultra vires. Its opposite, an act done under proper authority, is intra vires.
