
In the context of contract law, consideration is a vital element required to form a contract. Along with an offer, acceptance and the intent to create legal relations, consideration is fundamental to contract. As a general rule, a contract is not enforceable if there is…

The term trust has many different uses, but the basics are that a trust is a legal device used to set aside the money or property of one person, called the settlor, for the benefit of another person – the beneficiary. For example, a trust…

One of the most common questions we get is what to call the material that supplements a contract. The terms appendix, exhibit, annex and attachment all refer to something which is attached or added to a document and thus are often used interchangeably and represent…

A deed can mean a couple of different things for lawyers. It can simply be an act or it can be a document as simple as a written instrument by which land is conveyed or transferred, or a written document which is required by law…

Due diligence (or DD) is the process by which a buyer of a company or business (known as the “target”) investigates the target to assist the buyer in deciding whether or not to go ahead with the proposed acquisition and on what terms (in particular…

A demand letter, also known as a letter before action or pre-action letter, is a formal notice demanding that the recipient perform a legal obligation. It is typically used to persuade the recipient to take or cease some action, rectifier problem, pay a sum of…

Repudiation and rescission are not synonyms and these commonly confused terms often trip up non-native English speaking lawyers. repudiation rescission cancellation More information on the words discussed in the video, including sound files, examples of usage, common mistakes and encyclopaedic information, can be found in…

Essentially, prima facie means evidence that’s sufficient in law to establish a fact unless it’s proved otherwise. In other words, it is considered to be true or at least adequate at first glance, absent other information or evidence. prima facie More information on the words…

The term common law is confusing because it has different meanings depending on the context. It may be used to refer to law crafted by judges when they decide cases or law established by legislation. It can also be used to refer to law that…

Liquidated damages can cause some confusion for lawyers outside common law jurisdictions. Essentially, the term liquidated damages is applicable when the amount of the damages has been ascertained by the judgment in an action, or when a specific sum of money has been expressly stipulated…
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