query: the condition that exists when a contract is made with the purpose of benefiting the third party

pos: Third-party beneficiary Third-party beneficiary A third-party beneficiary, in the law of contracts, is a person who may have the right to sue on a contract, despite not having originally been an active party to the contract. This right, known as a "ius quaesitum tertio", arises when the third party ("tertius" or "alteri") is the intended beneficiary of the contract, as opposed to a mere incidental beneficiary ("penitus extraneus"). It vests when the third party relies on or assents to the relationship, and gives the third party the right to sue either the promisor ("promittens", or performing party) or the promisee ("stipulans", or

pos: Third-party beneficiary anchor party) of the contract, depending on the circumstances under which the relationship was created. A contract made in favor of a third party is known as a "third-party beneficiary contract." Under traditional common law, the "ius quaesitum tertio" principle was not recognized, instead relying on the doctrine of privity of contract, which restricts rights, obligations, and liabilities arising from a contract to the contracting parties (said to be "privy" to the contract). However, the Contracts (Rights of Third Parties) Act 1999 introduced a number of allowances and exceptions for "ius quaesitum tertio" in English law. Other common-law countries are

pos: Third-party beneficiary specific performance of the contract, provided that the beneficiary has not already sued the promisor. Furthermore, if the promisee was in debt to a creditor beneficiary, and the failure of the promisor to perform caused the promisee to be held liable for that debt, the promisee can sue to recover the amount of the debt. Third-party beneficiary A third-party beneficiary, in the law of contracts, is a person who may have the right to sue on a contract, despite not having originally been an active party to the contract. This right, known as a "ius quaesitum tertio", arises when the

pos: Third-party beneficiary To be enforceable, a "ius quaesitum tertio" must be irrevocable. This is established by any of the following: A third-party beneficiary only acquires a right of action to enforce his benefit once he has accepted the benefit provided for in the contract. Under the South African interpretation, however, prior to formal acceptance of the benefit, the third-party beneficiary only has a "spes", or expectation; in other words, he does not have the right to accept, but rather a mere competency. Acceptance may also be a suspensive condition in certain contracts. Under Scots law, acceptance is not necessary to be vested

pos: Tertius (law) Tertius (law) Tertius is the Latin word for "third", or "concerning the third". The term is used in contract law to refer to an interested third party not privy to a contract. In the English Common Law system there is no recognition of the principle "ius quaesitum tertio" (a right in the third party to enforce performance) whereby a third party may enforce a promise due unto it under a contract to which it is not a party. However, in several legal systems, including U.S. and Scots contract law, this does not bar parties to a contract from specifying that

neg: Officious intermeddler party. Therefore, no contract was made, and the intermeddler has no legal recourse to claim compensation. However, certain legal jurisdictions provide for an implied-by-law contract, called a "quasi-contract", that exists solely for the purposes of remedying this unjust enrichment by giving a court legal means to enforce compensation. The distinction between an officious intermeddler, and a party operating under a quasi-contract, is that the recipient of the goods or services has knowingly accepted the goods or services, with the intention of benefiting from them without providing compensation. Officious intermeddler An officious intermeddler is a person who voluntarily, and without request

neg: Frustration of purpose Frustration of purpose Frustration of purpose, in law, is a defense to enforcement of a contract. Frustration of purpose occurs when an unforeseen event undermines a party's principal purpose for entering into a contract such that the performance of the contract is radically different from performance of the contract that was originally contemplated by both parties, and both parties knew of the principal purpose at the time the contract was made. Despite frequently arising as a result of government action, any third party or even nature can frustrate a contracting party's primary purpose for entering into the contract. The concept

neg: Collateral contract Collateral contract A collateral contract is usually a single term contract, made in consideration of the party for whose benefit the contract operates agreeing to enter into the principal or main contract, which sets out additional terms relating to the same subject matter as the main contract. The collateral contract co-exists side by side. For example, a collateral contract is formed when one party pays the other party a certain sum for entry into another contract. A collateral contract may be between one of the parties and a third party. It can also be epitomized as follows: a collateral contract

neg: Third-party management Third-party management Third-party management is the process whereby companies monitor and manage interactions with all external parties with which it has a relationship. This may include both contractual and non-contractual parties. Third-party management is conducted primarily for the purpose of assessing the ongoing behavior, performance and risk that each third-party relationship represents to a company. Areas of monitoring include supplier and vendor information management, corporate and social responsibility compliance, Supplier Risk Management, IT vendor risk, anti-bribery/anti-corruption (ABAC) compliance, information security (infosec) compliance, performance measurement, and contract risk management. The importance of third-party management was elevated in 2013 when the US

neg: South African contract law proper notification to the other party. Where no time is stipulated, the obligation is discharged if a condition, of a type that is not for the specific benefit of one party only, remains unfulfilled after the lapse of a reasonable time. Another example of a suspensive condition is a sale of a thing subject to the thing's being approved of by a third person. A suspensive condition should not be confused with a term or stipulation relating to time of performance. In the case of a suspensive condition, the operation of the obligation flowing from the contract is suspended, in

neg: English trust law reason of benefiting dependants (and not to benefit the members of the trust) could not be taken by those members. The rules have also mattered, however for the purpose of taxation. In "Conservative and Unionist Central Office v Burrell" it was held that the Conservative Party, and its various limbs and branches, was not all bound together by a contract, and so not subject to corporation tax. Charitable trusts are a general exception to the rule in English law that trusts cannot be created for an abstract purpose. The meaning of a charity has been set in statute since the

neg: South African contract law (the beneficiary)’. A mixed condition depends for its fulfilment on both or one of the parties to the contract, as well as a third party or chance event. It is a mixture of the potestative and the causal. As an example, quite common in wills, one may make an obligation under a contract subject to the condition that the other party get married to someone. The condition attached to the obligation must be possible. Even if, in the case of a positive condition, the contemplated event does not take place, there may be what is called ‘fictional fulfilment’ of the

neg: South African contract law however, the contract becomes absolute, and it has a retroactive effect. It dates back to the moment when the agreement was made, which is then regarded as having been unconditional from the outset. A suspensive condition must be fulfilled in its entirety, unless the parties intended that fulfilment of part of the condition should entail performance of part of the promise. If the condition is not fulfilled, the obligation is treated as void "ab initio", unless the condition is for the sole benefit of a party who waives the benefit of the condition within the time stipulated for fulfilment, by

neg: Collateral warranty principal contract and/or a letter of appointment. For the benefice of a third party, it imposes an extended duty of care and a broader liability on two separate parties involved in a contract. Collateral warranties may be provided by designers, building contractors and specialist sub-contractors. The need for collateral warranties exists when the party that commissions a building will not carry the burden in the event of defects. For instance, when an architect is appointed to design a group of dwellings for a developer. If the developer intends to sell the building to a housing association, due to privity of

neg: Privity of contract from the promisee. That is to say that if nothing is given for the promise of something to be given in return, that promise is not legally binding unless promised as a deed. 1833 saw the case of "Price v. Easton", where a contract was made for work to be done in exchange for payment to a third party. When the third party attempted to sue for the payment, he was held to be not privity to the contract, and so his claim failed. This was fully linked to the doctrine of consideration, and established as such, with the more

neg: Privity in English law this is not a true exception to the doctrine because once the contract is made the "agent" plays no further part, leaving it as an agreement between two parties. Certain elements of the doctrine of agency have been said to clash with privity, however. In some circumstances the principal can sue the third party even when the agent has not disclosed to the third party that he is acting as an agent to the principal. In this situation, the third party can be sued by somebody that he had no idea was involved in the contract. Assignment is an area

neg: Assignment (law) "knows" of the non-assignment clause, or if the non-assignment clause specifies that "all assignments are void". Two other techniques to prevent the assignment of contracts are "rescission clauses" or clauses creating a "condition subsequent". The former would give the other party to the contract the power to rescind the contract if an assignment is made; the latter would rescind the contract automatically in such circumstances. There are certain situations in which the assignment must be in writing. A parallel concept to assignment is "delegation", which occurs when one party transfers his "duties or liabilities" under a contract to another. A

neg: Third-party beneficiary the debt has never been paid. A "donee beneficiary" can sue the promisor directly to enforce the promise. ("Seaver v. Ransom", 224 NY 233, 120 NE 639 [1918]). A donee beneficiary is when a contract is made expressly for giving a gift to a third party, the third party is known as the donee beneficiary. The most common donee beneficiary contract is a life insurance policy. The promisee can also sue the promisor for failing to pay the third party beneficiary. Under the common law, such suits were barred, but courts have since determined that the promisee can sue for

neg: South African law of agency be imputed to the principal. If an agent does not disclose to a third party that he is acting as agent, and concludes a contract with the third party as if he were the principal in the transaction, the third party may treat the contract as binding on the agent. The third party may sue the agent, as principal, on the contract; equally the agent may, as principal, sue the third party on the contract. When, however, the undisclosed principal discovers that the contract that he in fact authorised has been concluded, he may adopt it, and may consequently sue

neg: Title-transfer theory of contract entitled to obtain the money, which now belongs to him. It is important to mention the lender is entitled to obtain the money only when that money exists and is in the possession of the borrower. Another example is a service provision contract in which the service consumer transfers a future title of money to a service provider "on the condition" that a certain act of service is performed. If the service is not provided the condition of the transfer is not met and the conditional title transfer of money does not take effect. Contracts can be agreed upon either

neg: English contract law buyer can claim on behalf of the third party, and nor will the third party be able to claim under the 1999 Act, as they will typically not be identified by the original contract (or known) in advance. Apart from this instance relating to tort, in practice the doctrine of privity is entirely ignored in numerous situations, throughout the law of trusts and agency. If an enforceable agreement – a contract – exists, the details of the contract's terms matter if one party has allegedly broken the agreement. A contract's terms are what was promised. Yet it is up to

neg: Australian contract law that they do not intend to perform the contract. Furthermore, a party who waives the right to rely on non-fulfilment of contingent condition will be bound by this decision once it has been communicated to other party. The right to terminate for non-fulfilment of a contingent condition can also be restricted by doctrines of estoppel, good faith, where one party falsely leads other party into believing they will not exercise their right to terminate contract on the basis of non fulfilment of contingent condition, misleading or deceptive conduct or unsconscionable conduct in breach of the Australian Consumer Law. When the

neg: Mistake in English contract law to identity occurs when one party – usually deceived by a "rogue" – believes themselves to be bargaining with another, uninvolved, third party. In a typical situation of this kind, the contract will either be void for mistake, or voidable for fraud. Such a distinction depends on the manner in which the contract was made. There are two types: (1) Contract made inter absentes, when the parties do not meet face-to-face, e.g. through correspondence; and (2) Contract made inter praesentes -- when the parties meet face-to-face One commentator states "'[t]here are few more vexed areas of contract law' than mistake

neg: Third-party beneficiary failure of consideration, impossibility, illegality, frustration of purpose). Because the promisor can assert any defenses that could be asserted against the promisee, the beneficiary also becomes liable for counterclaims on the contract that the promisor could establish against the promisee. This liability can never exceed the amount that the promisor owes under the contract. In other words, if the promisor is owed money by the promisee, any award to the third party for the promisor's failure to perform can be reduced by the amount thus owed. If the promisor is owed more than the value of the contract, the beneficiary's

neg: Condition precedent Condition precedent A condition precedent is an event or state of affairs that is required before something else will occur. In contract law, a condition precedent is an event which must occur, unless its non-occurrence is excused, before performance under a contract becomes due, i.e., before any contractual duty exists. In estate and trust law, it is a provision in a will or trust that prevents the vesting of a gift or bequest until something occurs or fails to occur, e.g. the attainment of a certain age or the predecease of another person. For comparison, a condition subsequent brings a

neg: Indian Contract Act, 1872 law.Mistake may be bilateral mistake where both parties to an agreement are under mistake as to the matter of fact.The mistake must relate to a matter of fact essential to the agreement. In law, the relationship that exists when one person or party (the principal) engages another (the agent) to act for him, e.g. to do his work, to sell his goods, to manage his business. The law of agency thus governs the legal relationship in which the agent deals with a third party on behalf of the principal. The competent agent is legally capable of acting for this principal

neg: Kesha v. Dr. Luke contract to which it is not a party." The reason being that Kasz Money, a company of Dr. Luke, signed the initial contract with Kesha in 2005. The company licensed the contract to various Sony Music subsidiaries such as RCA/Jive and Kemosabe Records but retained its ownership. On March 21, Kesha appealed the denial. Reports were made of an alleged offer made to Kesha after the ruling. Kesha made social media posts stating that she was offered freedom from the recording contract with the condition that she retract the rape and drug allegations and publicly apologize for lying. According to

neg: South African contract law resolutive condition, then, is one that discharges an existing obligation the moment the condition is fulfilled. Prior to the fulfilment of the condition attached to the contract, the contract has full legal effect, and either party may claim performance by the other of his obligations. Upon the fulfilment of the condition, the contract is terminated and is regarded as if it had never existed. The consequence is that each party may claim to be restored to his original position. For example, if Jess fails her exams, she must restore the car to Rodney. A positive condition depends on the occurrence

neg: Collateral contract is one that induces a person to enter into a separate "primary" contract. For example, if X agrees to buy goods from Y that will, accordingly, be manufactured by Z, and does so on the strength of Z's assurance as to the high quality of the goods, X and Z may be held to have made a collateral contract consisting of Z's promise of quality given in consideration of X's promise to enter into the main contract with Y. A party to an existing contract may attempt to show that a collateral contract exists if their claim for a breach

neg: ABSA v Sweet from the premises. The second respondent, in opposing the application, relied on the written lease with Sweet, contending that the sale of the premises to the bank at the sale in execution was subject to her tenancy in terms of the written lease, such lease having been concluded prior to the sale of the property to the bank and prior to the registration of the bond. While the mutual rights of the parties to a contract which is subject to a suspensive condition relate back to the date of the contract where the suspensive condition is fulfilled, the third-party rights,

neg: South African contract law condition. A contracting party must not obstruct the fulfilment of a condition. If the party who would be bound by the condition being fulfilled deliberately prevents its fulfilment to escape the obligation, the condition is deemed to have been fulfilled—with the consequence that the obligation becomes absolute. A legal fiction comes into effect. "MacDuff v JCI" is the leading case in this area. Although negligent prevention of fulfilment does not trigger this principle, there may be a duty on a party to take active steps to bring about fulfilment of the condition, either because the contract stipulates such a duty

neg: Consideration in English law promised to repay it. Furthermore, where a contract exists between two parties and one party, subsequent to formation, promises to confer an additional benefit on the other party to the contract, that promise is not binding because the promisee's consideration, which is his entry into the original contract, had already been completed (or "used") at the time the next promise is made. In "Roscorla v Thomas", Roscorla had contracted to buy a horse from Thomas for £30. After the sale, Thomas promised Roscorla that the horse was sound; the horse turned out to be vicious. It was held that Roscorla

neg: Reasonable person care can be deemed met. For common law contracts, disputes over contract formation are subjected to what is known as the "objective test of assent" in order to determine whether a contract exists. This standard is also known as the officious bystander, "reasonable bystander", "reasonable third party", or "reasonable person in the position of the party". This is in contrast to the subjective test employed in most civil law jurisdictions. The test stems from attempts to balance the competing interests of the judicial policies of assent and of reliability. The former holds that no person ought to be contractually obligated

neg: South African contract law actions or on events beyond the control of the parties. A causal condition depends for its fulfilment on some third party or outside agency or event, like chance, and not upon the action of either party: ‘If Armand attains the age of twenty-five’, for example, or ‘If Armand has children’. The classic example is a contract of insurance, whereby the insurer makes a promise of reimbursement in the case of loss (as, for example, by flood or fire). A potestative condition depends for its fulfilment on one of the contracting parties; it is entirely in the power of one of

neg: Tortious interference by one of the contract holders, it is termed, "tortious inducement of breach of contract". Tortious interference with business relationships occurs where the tortfeasor intentionally acts to prevent someone from successfully establishing or maintaining business relationships with others. This tort may occur when one party knowingly takes an action that causes a second party not to enter into a business relationship with a third party that otherwise would probably have occurred. An example is when a tortfeasor offers to sell a property to someone below market value knowing they were in the final stages of a sale with a third

neg: Car dealerships in North America as reimbursement from the manufacturer is usually profitable. The second service contract is usually a simple insurance policy that the dealer purchases wholesale and is administered through a third party working for the dealer. This "third party" can often be a major insurance company. This money collected by the dealer from the consumer is put in a "reserve" fund for the length and / or term of the service contract. When a repair is required the dealer authorizes the repair with the third party administrator, usually before the repair is done. The third party deducts the repair expense from the

neg: English contract law them being able to do so. The formal approach of English courts is that agreement exists when an offer is mirrored by an unequivocal acceptance of the terms on offer. Whether an offer has been made, or it has been accepted, is an issue courts determine by asking what a reasonable person would have thought was intended. Offers are distinguished from "invitations to treat" (or an "invitatio ad offerendum", the invitation of an offer) which cannot be simply accepted by the other party. Traditionally, English law has viewed the display of goods in a shop, even with a price tag,

neg: Globe Holdings v Floratos Globe Holdings v Floratos Globe Holdings v Floratos [1998] 3 NZLR 331 is a cited case in New Zealand regarding where a condition in conditional contract is for the sole benefit of one party, the condition can be unilaterally waived by that party. The parties entered into a conditional sale agreement involving a block of apartments, requiring the obtaining a subdivision consent within 60 days to the purchasors satisfaction. The contract had a clause allowing either party to cancel the contract prior to a condition being waived, or fulfilled. Ultimately, the subdivision consent was not obtained, but the purchaser notified

neg: Breach of contract actual damages. In this instance, this is the difference in value between red pipe and blue pipe. Since the color of a pipe does not affect its function, the difference in value is zero. Therefore, no damages have been incurred and the homeowner would receive nothing (see "Jacob & Youngs v. Kent".) However, had the pipe colour been specified in the agreement as a "condition", a breach of that condition would constitute a "major" breach. For example, when a contract specifies time is of the essence and one party to the contract fails to meet a contractual obligation in a

neg: Australian contract law to waive a contingent condition, meaning that they would be bound by that agreement and many not terminate the contract for non-fulfillment of the condition. A party can waive the contingent condition if the contingent condition was for the benefit of that party. Where one party manifests an unwillingness/inability to perform his/her contractual obligations, the other party has the right to terminate. This does not depend upon the subjective intention of that party. An intention to repudiate may be evinced through either express or implied conduct, or may be ascertained from a combination of smaller breaches. The unwillingness/inability to perform

neg: Breach of contract timely fashion, the other party could sue for damages for a major breach. A "material breach" is any failure to perform that permits the other party to the contract to either compel performance, or collect damages because of the breach. A breach of contract will constitute a material breach if the term of the contract that has been breached is a condition. A term is a condition if it satisfies the test of essentiality. The test of essentiality requires that the promise (term) was of such importance to the promisee that he or she would not have entered into the

neg: Demand guarantee agree to provide him with a cash deposit; similarly the beneficiary might doubt the account party’s solvency and therefore ability to fulfill the underlying contract or its ability to rectify defaults in performance. The demand guarantee bridges the "gap of distrust" that exists between the parties. When the bank issues the demand guarantee, the beneficiary deals with a party whose financial strength he can trust and a party which would pay upon first demand regardless of an existing dispute between the parties on the performance of the underlying contract. More importantly, however, the demand guarantee is also used to reallocate

neg: Marine insurance reached, the policy paid out. Various specialist policies exist, including: A peculiarity of marine insurance, and insurance law generally, is the use of the terms condition and warranty. In English law, a condition typically describes a part of the contract that is fundamental to the performance of that contract, and, if breached, the non-breaching party is entitled not only to claim damages but to terminate the contract on the basis that it has been repudiated by the party in breach. By contrast, a warranty is not fundamental to the performance of the contract and breach of a warranty, while giving

neg: Contracts (Rights of Third Parties) Act 1999 them to rescind or alter the contract without the consent of the third party if they so choose. The courts can ignore the consent of the third party and allow the promisor and promisee to change the contract if the third party is mentally incapable, unfindable or if it is impossible to tell if the third party has truly consented. At the same time the courts may add conditions to that decision, such as requiring the promisor or promisee to pay the third party compensation. Assenting is considered complete when the third party "communicates" his assent to the promisor, which

neg: South African law of agency the third party on it. Equally, the third party, on discovering the undisclosed principal, may sue the principal on the contract. it follows that the third party has a choice or an election to sue either the agent or the undisclosed principal, when discovered; but having elected to sue one of them the third party is debarred from suing the other, even if he or she sues the agent before being aware that there is a principal. The third party may be sued on the contract by either the principal or agent, but not by both, the principal having the

neg: Mistake in English contract law the House of Lords decision of "Shogun Finance Ltd v Hudson". The minority of Lord Nicholls and Lord Millett argued strongly for the abandonment of "Cundy v Lindsay" and in favour of the principle that all mistakes for identity merely render a contract voidable; for instance, Lord Nicholls argued that the loss should be borne by the seller, "who takes the risks inherent in parting with his goods without receiving payment", rather than by the innocent third party. A contract made inter praesentes occurs when the parties meet face-to-face. Cases: In a contract was made face to face, the court

neg: Tertius (law) a third party is to be a beneficiary of such contract. In Scots law, the "jus quaesitum tertio" principle was abolished by the Contract (Third Party Rights) (Scotland) Act 2017 and replaced with a statutory right to enforce or invoke provisions of a contract. Rights, particularly in property, that ordinarily do accrue to a third party are termed "jus tertii". Tertius (law) Tertius is the Latin word for "third", or "concerning the third". The term is used in contract law to refer to an interested third party not privy to a contract. In the English Common Law system there is

neg: Banknotes of the pound sterling debt exists. Essentially, any two parties can agree to any item of value as a medium for exchange when making a purchase (in that sense, all money is ultimately an extended form of barter). If a debt exists that is legally enforceable and the debtor party offers to pay with some item that is not "legal tender", the creditor may refuse such payment and declare that the debtor is in default of payment; if the debtor offers payment in legal tender, the creditor is required to accept it or else the creditor is in breach of contract. Thus, if in

neg: Privity in English law decided that simply arranging an alternative way of enforcing the terms does not indicate that the 1999 Act was not meant to be used. The third party can be identified by name or as a member of a particular group, and does not need to exist when the contract was made. The Act specifically excludes certain types of contract, such as contracts for the transport of goods across national lines, as these fall under international trade laws. The second situation, that a third party can enforce terms that "purport to confer a benefit on him", has been described as too

neg: Concurrent jurisdiction Concurrent jurisdiction Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the court that they perceive will be most favorable to them. In the United States, concurrent jurisdiction exists to the extent that the United States Constitution permits federal courts to hear actions that can also be heard by state courts. For example, when a party from Alabama sues a party from Florida for a breach of contract, the Alabama party can

neg: Privity of contract Contracts (Rights of third Parties) Act 1999 which created a statutory exception to privity (enforceable third party rights). Privity of contract occurs only between the parties to the contract, most commonly contract of sale of goods or services. Horizontal privity arises when the benefits from a contract are to be given to a third party. Vertical privity involves a contract between two parties, with an independent contract between one of the parties and another individual or company. If a third party gets a benefit under a contract, it does not have the right to go against the parties to the

neg: Beneficiary Other restrictions such as being married or more creative ones can be used by a benefactor to attempt to control the behavior of the beneficiaries. Some situations such as retirement accounts do not allow any restrictions beyond death of the primary beneficiaries, but trusts allow any restrictions that are not illegal or for an illegal purpose. The concept of a "beneficiary" will also frequently figure in contracts other than insurance policies. A third-party beneficiary of a contract is a person whom the parties intend to benefit from its provisions but who is not a party to the contract. A software

neg: South African contract law creditor is entitled to reject performance by a third party if it is not in the name of the debtor. A third party who performs in the name of the debtor is entitled to payment by the creditor of any security deposited or pledged by the debtor with the creditor, unless the third party pays as the debtor's agent. The creditor is not entitled to proceed against the third party, however, as there is no privity of contract between them. As for the question of to whom performance must be made, there is a variety of possibilities. Depending on the

neg: South African contract law third party to meet the debt on his behalf, what we have is not a delegation but merely an agreement of mandate. Because the creditor knows nothing of this, and because, therefore, the common intention of all parties is lacking, it may not be said that a new contract has been created. Even when the debtor requests of the creditor that in future he refer to the third party for payment, this amounts only to an assignation of debt; the third party steps in of his own initiative—"ex promiso". This does not amount to novation. If a contract fixes a

neg: Australian contract law or provision in a contract. The two main issues which arise in relation to contractual terms are: what are the terms of the contract (identification) and what are their legal effects (construction). An express term is an enforceable, promissory statement, written or oral, that makes up part of a contract. Only terms made reasonably available to each party before a contract is made can be incorporated into the contract. For example, a party can incorporate terms when the other party knows, before or at the time the contract was made, that a delivered document or a displayed sign on premises

neg: Third-party punishment second-party and third-party punishment conditions. The overall pattern of activation was consistent between the two conditions, though activation was stronger in the second party recipients. This suggests that second-party and third-party punishment decisions have a common neural basis. It has been shown that altruistic punishment exists across many examined populations, but that there is also a large variance between them. Data gathered from 15 different populations showed that when participating in TP-DG, all societies showed a decreasing frequency of punishment as the dictator's offer approached 50%. There was, however, a large variance between societies as to how much of their

neg: Dickinson v Dodds the following. Mellish LJ agreed and said, Baggallay JA concurred. Communication of the withdrawal of the offer can be made by any reliable third party. Option must have consideration to be binding. Dickinson v Dodds Dickinson v Dodds (1876) 2 Ch D 463 is an English contract law case, heard by the Court of Appeal, Chancery Division, that held that notification by a third party of an offer's withdrawal is effective just like a withdrawal by the person who made an offer. The significance of this case to many students of Contract Law is that a promise to keep an

neg: Contracts (Rights of Third Parties) Act 1999 This confirms the act does not supersede impliedly earlier protection of the law. Weakening the act's effect, section 7(3) prevents third parties from being "treated as a party to the contract" in relying on any other act. Equally section 7(2) gives to defendants (facing action from third parties) the ability to exclude liability for negligence, if reasonable other than for death or personal injury; it dis-applies the protection of s.2(2) of Unfair Contract Terms Act 1977 which subject all such provisions with a counterparty consumer to the contract to the condition of reasonableness. The Act allows the insertion of arbitration

neg: Privity of contract beneficiaries may uphold a promise made for its benefit in a contract of insurance to which it is not a party ("Trident General Insurance Co Ltd v. McNiece Bros Pty Ltd" (1988) 165 CLR 107). It is important to note that the decision in "Trident" had no clear ratio, and did not create a general exemption to the doctrine of privity in Australia. Queensland, the Northern Territory and Western Australia have all enacted statutory provisions to enable third party beneficiaries to enforce contracts, and limited the ability of contracting parties to vary the contract after the third party has relied

neg: Anticipatory repudiation intentions i.e. the repudiating party's words or conduct.; This unwillingness or inability to perform a condition must deprive the aggrieved party of substantially the whole of the benefit that they would have received if the remaining obligations were performed under the contract. When such an event occurs, the performing party to the contract is excused from having to fulfill his or her obligations. However, the repudiation can be retracted by the promising party so long as there has been no material change in the position of the performing party in the interim. A retraction of the repudiation restores the performer's

neg: Slater's condition Slater's condition for convex programming states that strong duality holds if there exists an formula_6 such that formula_6 is feasible (i.e. all constraints are satisfied and the nonlinear constraints are satisfied with strict inequalities). Mathematically, Slater's condition states that strong duality holds if there exists an formula_8 (where relint denotes the relative interior of the convex set formula_9) such that Given the problem where formula_16 is convex and formula_17 is formula_18-convex for each formula_19. Then Slater's condition says that if there exists an formula_8 such that then strong duality holds. Slater's condition In mathematics, Slater's condition (or Slater condition) is

neg: Navier–Stokes existence and smoothness assumptions are made: Condition 1 implies that the functions are smooth and globally defined and condition 2 means that the kinetic energy of the solution is globally bounded. (A) Existence and smoothness of the Navier–Stokes solutions in formula_16 Let formula_34. For any initial condition formula_19 satisfying the above hypotheses there exist smooth and globally defined solutions to the Navier–Stokes equations, i.e. there is a velocity vector formula_36 and a pressure formula_37 satisfying conditions 1 and 2 above. (B) Breakdown of the Navier–Stokes solutions in formula_16 There exists an initial condition formula_19 and an external force formula_25 such that there exists

neg: Contractual term Contractual term A contractual term is "Any provision forming part of a contract". Each term gives rise to a contractual obligation, breach of which can give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract. Conditions are terms that go to the very root of a contract. Breach of a condition will entitle the innocent party to terminate the contract. A warranty is less imperative than a condition, so the contract will survive a breach. Breach of either a condition or a warranty

neg: South African contract law it, such as contracts of suretyship and pledge. The contract determines by whom performance should be made. Usually it is the person upon whom the obligation is imposed. In cases of "delectus personae", there is no alternative performer; it is mandatory that that specific debtor perform. In the absence of "delectus personae", performance could also be rendered by third parties, including: It is important to note, however, that the third party is a stranger to the contract and is therefore not bound to perform; if he does not, it is the party who promised he would who is liable. The

neg: Collateral contract bid constitutes a good consideration. In "Hoyt's Pty Ltd v Spencer", a landlord has promised orally not to exercise the right to termination in the principal contract if tenant signed the contract; landlord ended up terminating the main contract, whereas tenant's appeal was dismissed by the Court. Collateral contract A collateral contract is usually a single term contract, made in consideration of the party for whose benefit the contract operates agreeing to enter into the principal or main contract, which sets out additional terms relating to the same subject matter as the main contract. The collateral contract co-exists side by

neg: Hypothecation Hypothecation Hypothecation is the practice where (usually through a "letter of hypothecation") a debtor pledges collateral to secure a debt or as a condition precedent to the debt, or a third party pledges collateral for the debtor. A common example occurs when a debtor enters into a mortgage agreement, in which the debtor's house becomes collateral until the mortgage loan is paid off. The debtor retains ownership of the collateral, but the creditor has the right to seize ownership if the debtor defaults. The main purpose of hypothecation is to mitigate the creditor's credit risk. If the debtor cannot pay,

neg: Tortious interference a blackout that prevents the utility company from being able to uphold its existing contracts with consumers. Tortious interference with contract rights can occur when one party convinces another to breach its contract with a third party (e.g., using blackmail, threats, influence, etc.) or where someone knowingly interferes with a contractor's ability to perform his contractual obligations, preventing the client from receiving the services or goods promised (e.g., by refusing to deliver goods). The tortfeasor is the person who interferes with the contractual relationship between others. When a tortfeasor is aware of an existing contract and deliberately induces a breach

neg: Privity in English law With the passing of the Contracts (Rights of Third Parties) Act 1999 on 11 November 1999 the doctrine was significantly altered, and it now allows a third party to enforce the terms of a contract if the third party is specifically authorised to do so by the contract or if the contractual terms "purport to confer a benefit" on such third party. The original doctrine of privity consisted of two rules: first, that a third party may not have obligations imposed by the terms of a contract, and second, that a third party may not benefit from the terms of

neg: Syndicated loan to transfer their debts to other, although conflict might limit amount of willing buyers to reduce price of the loan/bonds It is an implied term in loan and bond agreements that the majority must act in good faith and for the purpose of benefiting the class as a whole. Subject to the express terms of contract. Where there are different classes, there is no need to vote in interests of the creditor as a whole. Therefore, in last years exam, the subordinated nature of the second lender meant that there was a different class and the first group could call

neg: Privity in English law on the contract. The Court of Appeal said that the loss of enjoyment suffered by the family was a loss to Jackson himself. He had paid for a family holiday but not received it, and so damages were awarded. This created fairly limited circumstances in which a party could sue on behalf of another, if the other party would have benefited from the contract. A collateral contract is a contract where the consideration is the entry into another subordinate contract, which co-exists side by side with the main contract. Because this normally involves parties who are not part of the

neg: Fundamental breach The car was later delivered at night, and had been towed. When the buyer inspected the car in the morning, it would not work and it was clear it had been involved in an accident, and there were other changes: its tyres had been replaced by old ones, body parts were missing, and the engine's cylinder head was detached, revealing burnt valves. This was a serious breach, but the dealer sought to rely on a clause in the contract: "No condition or warranty that the vehicle is roadworthy or as to its age, condition or fitness for any purpose is

neg: Greenland ice sheet for increased central highland ice sheet thickness exists in the numerous aircraft that have made forced landings on the icecap since the 1940s. They landed on the surface and later disappeared under the ice. A notable example is the Lockheed P-38F "Lightning" World War II fighter plane "Glacier Girl" that was exhumed from 268 feet of ice in 1992 and restored to flying condition after being buried for over 50 years. It was recovered by members of the Greenland Expedition Society after years of searching and excavation, eventually transported to Kentucky and restored to flying condition. The IPCC Third Assessment

neg: Christian views on poverty and wealth one would undertake to alleviate the condition of the masses, must be the inviolability of private property." "Rerum novarum", paragraph 16. The encyclical promotes a kind of corporatism based on social solidarity among the classes with respects for the needs and rights of all. In the November 1914 issue of "The Christian Socialist", Episcopal bishop Franklin Spencer Spalding of Utah, U.S.A. stated: "The Christian Church exists for the sole purpose of saving the human race. So far she has failed, but I think that Socialism shows her how she may succeed. It insists that men cannot be made right until

neg: Third-party beneficiary vested, the original parties to the contract are both bound to perform the contract. Any efforts by the promisor or the promisee to rescind or modify the contract at that point are void. Indeed, if the promisee changed his mind and offered to pay the promisor money not to perform, the third party could sue the promisee for tortious interference with the third party's contract rights. There are four ways to determine whether the third party beneficiary's rights have vested: Where a contract for the benefit of a third party is breached by the non-performance of the promisor, the beneficiary

neg: Albert-László Barabási the idea of emergence comes with it. It is constantly evolving and adapting. That condition exists markedly with the world wide web. The second is the condition of preferential attachment, that is, nodes (websites) will wish to link themselves to hubs (websites) with the most connections. The third condition is what is termed competitive fitness which in network terms means its rate of attraction." He subsequently showed that the scale-free property emerges in biological systems, namely in metabolic networks and protein–protein interaction networks. In a 2001 paper with Réka Albert and Hawoong Jeong he demonstrated the Achilles' heel property of

neg: Title-transfer theory of contract by explicit verbal agreement (as is the case with formal written contracts) or by implicit representation of agreement (as is the case when a restaurant order is placed by a passerby). Under the TTToC breach of contract is only what can be interpreted as an act of theft. For example, if a specified condition for a conditional title transfer from party A to party B is not met, yet party B still captures possession of the property he is not entitled to, he has committed theft, whether the possession was taken by force, or by false representation of fact creating

neg: Real analysis from formula_35 but distinct from formula_35. The purpose of the last stipulation, which corresponds to the condition formula_59 in the definition, is to ensure that formula_46 does not imply anything about the value of formula_61 itself. Actually, formula_35 does not even need to be in the domain of formula_30 in order for formula_64 to exist. In a slightly different but related context, the concept of a limit applies to the behavior of a sequence formula_14 when formula_66 becomes large. Definition. Let formula_14 be a real-valued sequence. We say that formula_14 converges to formula_69 if, for any formula_40, there exists a

neg: Del credere Del credere A del credere position is that of a surety who is liable to the principal should the purchaser make default. The agreement between agent and principal need not be reduced to or evidenced by writing, for the undertaking is not a guarantee within the Statute of Frauds (29 Car 2 c 3). A Del Credere Agent not only establishes a privity of contract between the principal and the third party but also guarantees to the principal the due performance of the contract by the third party. The agent is liable, however, only when the third party fails to

neg: Conditional cash transfer per child, in general these programs provide money to poor families under the condition that those transfers are used as an investment on their children’s human capital, such as regular school attendance and basic preventive health care. The purpose of these programs is to address the inter-generational transmission of poverty and to foster social inclusion by targeting the poor, focusing on children, delivering transfers to women, and changing social accountability relationships between beneficiaries, service providers and governments. Most of these transfer schemes are now benefiting around 110 million people in the region, and are considered relatively cheap, costing around 0.5%

neg: Globe Holdings v Floratos with a situation in which it is to be accepted that there is no substantive benefit to [the vendors]." and "The court must reach a view on whether both parties are intended to have the benefit of a contingent condition by applying ordinary principles of contractual construction, examining the contract document as a whole in its factual matrix". Globe Holdings v Floratos Globe Holdings v Floratos [1998] 3 NZLR 331 is a cited case in New Zealand regarding where a condition in conditional contract is for the sole benefit of one party, the condition can be unilaterally waived by that

neg: Defeasible estate A fee simple determinable does not violate the rule against perpetuities, since the interest in real property reverts to the grantor or his heirs, who are measuring lives. A fee simple subject to an executory limitation is an estate that ends when a specific condition is met and then transfers to a third party. The interest will not revert to the grantor. If the condition is met, the grantee loses the interest and the third party gains it automatically. Example: O grants Blackacre to A and A's heir; but if A ever accepts a candy bar from C, then to

neg: Jeanette Dwyer bill, which included language protecting six‐day mail delivery, thereby blocking Donahoe's plan. He retired on November 14, 2014. When the 2007 contract between the NRLCA & the USPS expired in 2010, negotiations between the two parties ended in an impasse, and went into third party arbitration. Thus, the rural craft was operating without a contract when Jeanette became President. On July 3, 2012, arbitrator Jack Clarke imposed a new contract upon the NRLCA & USPS that ran through 2015. Concessions by the NRLCA in the new contract mirrored concessions made by the American Postal Workers Union a year earlier. They

neg: Freewheel Freewheel In mechanical or automotive engineering, a freewheel or overrunning clutch is a device in a transmission that disengages the driveshaft from the driven shaft when the driven shaft rotates faster than the driveshaft. An overdrive is sometimes mistakenly called a freewheel, but is otherwise unrelated. The condition of a driven shaft spinning faster than its driveshaft exists in most bicycles when the rider holds his or her feet still, no longer pushing the pedals. In a fixed-gear bicycle, without a freewheel, the rear wheel would drive the pedals around. An analogous condition exists in an automobile with a manual

neg: Indenture during bankruptcy). No trust relationship exists between the bondholder and the issuing corporation. These two are in a regular contractual, arm's length, non-fiduciary, non-equity relationship. Rather, the trustee in a "trust indenture" is a third party, usually a specialist company, who is appointed by the issuer to handle and safeguard the interests of the numerous public bondholders, in events ranging from the usual distribution of coupons and principal payments to dealing with the issuer's default, if any occurs. Indenture An indenture is a legal contract that reflects or covers a debt or purchase obligation. It specifically refers to two types

neg: Two-party system system can be: When third parties are built around an ideology which is at odds with the majority mindset, many members belong to such a party not for the purpose of expecting electoral success but rather for personal or psychological reasons. In the U.S., third parties include older ones such as the Libertarian Party and the Green Party and newer ones such as the Pirate Party. Many believe that third parties don't affect American politics by winning elections, but they can act as "spoilers" by taking votes from one of the two major parties. They act like barometers of change

neg: Data Protection Act, 2012 purpose for which the personal data is processed is necessary for the purpose of a contract to which the data subject is a party; authorised or required by law, to protect a legitimate interest of the data subject; necessary for the proper performance of a statutory duty or necessary to pursue the legitimate interest of the data controller or a third party to whom the data is supplied (section 20(1)). Consent is also required for the processing of special personal data (Section 37(2) (b)). A data subject also object to the processing of personal data (section 20(2)), and the data

neg: Contracts (Rights of Third Parties) Act 1999 argument, and a proposal to exempt the construction industry from the act, was rejected by both the Law Commission and Parliament. The phrase "purport to confer a benefit" was originally found in the 1937 Law Commission paper, and was used in the New Zealand Contracts (Privity) Act 1982 before it was adopted for the English act. The third party must be identified by name or as a member of a particular group, and does not need to exist when the contract was made. This can cause problems, however – if, for example, a party (party A) enters a contract to

neg: The Socialist Woman first issue in June 1907, she had only 26 subscribers. At the time, only about 2,000 women belonged to the male-dominated Socialist Party, and party leaders made little effort to welcome women or address their concerns. Conger-Kaneko believed that women were essential to the success of the socialist movement, and set out to educate women about socialism by creating a magazine that would appeal to a female audience: "The Socialist Woman" exists for the sole purpose of bringing women into touch with the Socialist idea. We intend to make this paper a forum for the discussion of problems that lie

neg: Pre-existing condition We will make it illegal for an insurance company to deny coverage to someone with prior coverage on the basis of a pre-existing condition." In a March 3, 2010, address, President Barack Obama said that coverage denied to those with pre-existing conditions is a serious problem that would only grow worse without major reforms. In a September 2010 visit with Falls Church, Virginia, residents, Obama referred to a woman with an eye condition and a woman with non-Hodgkin's lymphoma as personal examples in the audience of those benefiting from changing pre-existing condition rules. A "Time Magazine"-Abt SRBI poll in late

neg: Gergely Pongrátz commerce and public life; he became a leading figure in a new Hungarian nationalist movement, eventually founding a right-wing political party, the Movement for a Better Hungary ("Jobbik Magyarországért Mozgalom"), today third largest party in Hungary. Pongrátz first founded a museum of the 1956 revolution in 1991. It was closed in 1995 after the local authorities wished to use the building for a different purpose. Pongrátz then purchased and renovated an old school building in Kiskunmajsa and turned it into the only museum of the 1956 Revolution that exists in Hungary. Gergely Pongrátz died in the grounds of his museum,

neg: Privity in English law is a strong relationship between the two. This causes problems with the idea that the doctrine of privity should be abolished, as the idea that third parties can claim benefits from promises that they gave nothing for clashes with the doctrine of consideration, which prevents parties who did not contribute something to the agreement from benefiting from it. It has been argued, however, that privity is not even a distinct doctrine, but rather simply part of consideration. Consideration is a rule that there must be a "benefit or detriment" involved in any contract, and that this must initially come from

neg: Administrative divisions of Virginia made a false representation to a third party that the local government would be bound to a particular contract, that employee could be sued for damages suffered by the third party's reliance on that false promise. Where a local government makes a contract that is within its power, and then fails to perform its obligations under the contract, it may be sued in the same manner as any other entity, and may raise all defenses typically available in a contract action. However, if it is a "county" government that is alleged to be in breach, Virginia law imposes several additional

neg: Legal professional privilege in England and Wales regard the position of these employed legal advisors as being different from those in private practice: Legal advice privilege also applies to communications with foreign lawyers, where the necessary relationship of lawyer and client exists. It does not extend to advisors who are not legally qualified or to communications with members of other professions. All statements made at joint consultations between parties and their respective solicitors and counsel, even though made by one party to the solicitor or counsel of the other party, are privileged. So are communications made in a professional capacity for the purpose of giving or receiving

neg: Australian contract law contingent condition may be expressly specified in the condition. If no time is specified, the courts will construe the contract as requiring the condition be fulfilled within a reasonable period of time, having regard to the circumstances of the case. In certain contracts, it may be unclear if non-fulfilment of a contingent condition has occurred where there is a subjective requirement in the contract, such as whether one party has achieved ""satisfactory" finance." If the contingent condition is a subjective fact, parties must act "honestly" or genuinely believe the condition to be true. Both parties may act together to agree

neg: Australian contract law contract. Where the contract stipulates a time for performance, the issue is whether the time stipulation can be regarded as being a condition of the contract, that is the time is considered to be "essential" and time is "of the essence". If time is of the essence and there is a failure by one party to perform their obligations under the contract by the appropriate time, the innocent party will have a right to elect to terminate the contract. Where the contract stipulates a time for performance, however time is not of the essence and there is a failure by

neg: Law of obligations (Bulgaria) it turns out that the contractor will not perform the work within the time limit or in the agreed or proper way, the customer is entitled to withdraw from the contract and to request damages according to the general rules. In cases of deviations from the agreed condition or defects of the work, the customer is entitled to: In cases of significant deviations from the agreed condition or defects that unfit the work for the usual usage or the contractually provided purpose, the customer is entitled to cancel the contract. The commissioner assumes the obligation to perform on behalf of

neg: Showmance love without meaning it, or in many cases with ulterior motives, like benefiting from the other party or misusing and abusing their feelings. Showmance A showmance (sometimes show-mance), also known as show romance, is a romance that develops between two individuals in theater, or on films and television series and between reality show contestants or participants for the running period of the show. When the two actively engage in a "made up" situation, it can be called a fauxmance. It is also considered a neologism and its usage is gaining popularity in the media. The term came to the attention

neg: Privity in English law promisor knows this or could be expected to have known this). If the contract is breached, the third party has all the rights that he would have if he had been a party to the initial contract. The act had various consequences - as well as allowing third parties to enforce terms it also made a number of exceptions to the basic rule unnecessary, such as claiming on behalf of another party as seen in "Jackson v Horizon Holidays Ltd" [1975] 1 WLR 1468. It does not repeal or abolish these exceptions, however, and this allows the courts to accept

neg: Alarm management NAMUR (Namur NA 102). Several companies also offer software packages to assist users in dealing with alarm management issues. Among them are DCS manufacturing companies, and third-party vendors who offer add-on systems. The fundamental purpose of alarm annunciation is to alert the operator to deviations from normal operating conditions, i.e. abnormal operating situations. The ultimate objective is to prevent, or at least minimise, physical and economic loss through operator intervention in response to the condition that was alarmed. For most digital control system users, losses can result from situations that threaten environmental safety, personnel safety, equipment integrity, economy of operation,

neg: Non-profit organizations and access to public information Non-profit organizations and access to public information When government agencies outsource basic services to third-party non-profit contractors, one consequence is that the public may lose its access to information about the service that the public would have retained, had a government agency carried out the service directly. A concern that previously public information will become privatized and inaccessible to the public when a government agency moves to contract out services to third-party vendors arises whether the third-party vendor is a non-profit organization or a for-profit organization. However, a number of key court cases in this area have arisen when non-profits