ContractA contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more mutually agreeing parties. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. A binding agreement between actors in international law is known as a treaty.
Contractual termA contractual term is "any provision forming part of a contract". Each term gives rise to a contractual obligation, the breach of which may 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. The terms of a contract are the essence of a contract, and tell the reader what the contract will do. For instance, the price of a good, the time of its promised delivery and the description of the good will all be terms of the contract.
Burden of proof (law)In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim semper necessitas probandi incumbit ei qui agit, a translation of which is: "the necessity of proof always lies with the person who lays charges.
Burden of proof (philosophy)The burden of proof (Latin: onus probandi, shortened from Onus probandi incumbit ei qui dicit, non ei qui negat) is the obligation on a party in a dispute to provide sufficient warrant for its position. When two parties are in a discussion and one makes a claim that the other disputes, the one who makes the claim typically has a burden of proof to justify or substantiate that claim, especially when it challenges a perceived status quo. This is also stated in Hitchens's razor, which declares that "what may be asserted without evidence may be dismissed without evidence.
Proof (truth)A proof is sufficient evidence or a sufficient argument for the truth of a proposition. The concept applies in a variety of disciplines, with both the nature of the evidence or justification and the criteria for sufficiency being area-dependent. In the area of oral and written communication such as conversation, dialog, rhetoric, etc., a proof is a persuasive perlocutionary speech act, which demonstrates the truth of a proposition.
EvidenceEvidence for a proposition is what supports the proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidence is what justifies beliefs or what makes it rational to hold a certain doxastic attitude. For example, a perceptual experience of a tree may act as evidence that justifies the belief that there is a tree. In this role, evidence is usually understood as a private mental state.
Law of agencyThe law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, that is authorized to act on behalf of another (called the principal) to create legal relations with a third party. Succinctly, it may be referred to as the equal relationship between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work under their control and on their behalf.
Freedom of contractFreedom of contract is the process in which individuals and groups form contracts without government restrictions. This is opposed to government regulations such as minimum-wage laws, competition laws, economic sanctions, restrictions on price fixing, or restrictions on contracting with undocumented workers. The freedom to contract is the underpinning of laissez-faire economics and is a cornerstone of free-market libertarianism.
Evidence (law)The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation.
PartnershipA partnership is an arrangement where parties, known as business partners, agree to cooperate to advance their mutual interests. The partners in a partnership may be individuals, businesses, interest-based organizations, schools, governments or combinations. Organizations may partner to increase the likelihood of each achieving their mission and to amplify their reach. A partnership may result in issuing and holding equity or may be only governed by a contract.
Legal personIn law, a legal person is any person or 'thing' (less ambiguously, any legal entity) that can do the things a human person is usually able to do in law – such as enter into contracts, sue and be sued, own property, and so on. The reason for the term "legal person" is that some legal persons are not people: companies and corporations are "persons" legally speaking (they can legally do most of the things an ordinary person can do), but they are not people in a literal sense (human beings).
Adobe AcrobatAdobe Acrobat is a family of application software and Web services developed by Adobe Inc. to view, create, manipulate, print and manage Portable Document Format (PDF) files. The family comprises Acrobat Reader (formerly Reader), Acrobat (formerly Exchange) and Acrobat.com. The basic Acrobat Reader, available for several desktop and mobile platforms, is freeware; it supports viewing, printing, scaling or resizing and annotating of PDF files. Additional, "Premium", services are available on paid subscription.
PDFPortable Document Format (PDF), standardized as ISO 32000, is a developed by Adobe in 1992 to present documents, including text formatting and images, in a manner independent of application software, hardware, and operating systems. Based on the PostScript language, each PDF file encapsulates a complete description of a fixed-layout flat document, including the text, fonts, vector graphics, and other information needed to display it. PDF has its roots in "The Camelot Project" initiated by Adobe co-founder John Warnock in 1991.
Adobe Inc.Adobe Inc. (əˈdoʊbi ), originally called Adobe Systems Incorporated, is an American multinational computer software company incorporated in Delaware and headquartered in San Jose, California. It has historically specialized in software for the creation and publication of a wide range of content, including graphics, photography, illustration, animation, multimedia/video, motion pictures, and print.
Jury trialA jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significant share of serious criminal cases in many but not all common law judicial systems. The majority of common law jurisdictions in Asia (such as Singapore, India, Pakistan and Malaysia) have abolished jury trials on the grounds that juries are susceptible to bias.
English contract lawEnglish contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth (such as Australia, Canada, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract.
Canton of BernThe canton of Bern or Berne (Kanton Bern; Chantun Berna; canton de Berne; Canton Berna) is one of the 26 cantons forming the Swiss Confederation. Its capital city, Bern, is also the de facto capital of Switzerland. The bear is the heraldic symbol of the canton, displayed on a red-yellow background. Comprising ten districts, Bern is the second-largest canton by both surface area and population. Located in west-central Switzerland, it is surrounded by eleven cantons. It borders the canton of Jura and the canton of Solothurn to the north.
