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For example, the inferred certainty sense of English must developed after the strong obligation sense; the probabilistic sense of should developed after the weak obligation sense; and the possibility senses of may and can developed later than the permission or ability sense. Two typical sequences of evolution of modal meanings are:
The English modal auxiliary verbs are a subset of the English auxiliary verbs used mostly to express modality, properties such as possibility and obligation. [a] They can most easily be distinguished from other verbs by their defectiveness (they do not have participles or plain forms [b]) and by their lack of the ending ‑(e)s for the third-person singular.
In law, a condition subsequent is an event, or state of affairs, whose occurrence is automatically construed to terminate the obligation of one party to the other. [1] One example is that, if a man agreed to pay a barber to shave his beard, the barber then failing to do so would terminate the man's obligation to pay. [ 1 ]
An assignment may not transfer a duty, burden or detriment without the express agreement of the assignee. The right or benefit being assigned may be a gift (such as a waiver) or it may be paid for with a contractual consideration such as money. The rights may be vested or contingent, [2] and may include an equitable interest. [3]
In law, a question of law, also known as a point of law, is a question that must be answered by a judge and can not be answered by a jury. [1] Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally ...
In the US, under the Uniform Commercial Code, modifications may be made free of the Common Law legal duty rule even without consideration provided that the modification is made in good faith. See UCC § 2–209. [22] [23] However, the Statute of Frauds must be complied with. Thus, a written contract is necessary if the contract as modified ...
In law, a presumption is an "inference of a particular fact". [1] There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. [2]: 25 A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some evidence to the contrary) or the burden of proof (requiring the disadvantaged party to show the ...
To be convicted, the accused must have formed the mens rea either before or during the commission of the actus reus. In the vast majority of cases, this rule works without difficulty. Two types of concurrence in criminal law. Temporal concurrence – the actus reus and mens rea occur at the same time.