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An assignment does not necessarily have to be made in writing; however, the assignment agreement must show an intent to transfer rights. The effect of a valid assignment is to extinguish privity (in other words, contractual relationship, including right to sue) between the assignor and the third-party obligor and create privity between the obligor and the assignee.
Unless a defeasible estate is clearly intended, modern courts will construe the language against this type of estate. Three types of defeasible estates are the fee simple determinable, the fee simple subject to an executory limitation or interest, and the fee simple subject to a condition subsequent. A life estate may also be defeasible.
The settlement of the lawsuit defines legal requirements of the parties and is often put in force by an order of the court after a joint stipulation by the parties. In other situations (as where the claims have been satisfied by the payment of a certain sum of money), the plaintiff and defendant can simply file a notice that the case has been ...
Dies non is a part of the Latin phrase literally meaning "a day when courts do not sit or carry on business". [1] Dies non juridicum is the full Latin phrase literally meaning "Day without judiciary. [2] The expression dies non (juridicus) was used for defining a day which is not a (court) day or a day on which no legal business is carried on. [3]
Actio non datur non damnificato: An action is not given to one who is not injured. The requirement that in most private legal actions, the person bringing the action must have been damaged in some way. [2] Actus legis nemini facit injurium: The act of law injures no one. Actus non facit reum, nisi mens sit rea
Workers' compensation statutes are intended to eliminate the need for litigation and the limitations of common law remedies by having employees give up the potential for pain- and suffering-related awards in exchange for not being required to prove tort (legal fault) on the part of their employer. The laws provide employees with monetary awards ...
Non liquet translates into English from the Latin as "it is not clear". [1] According to Cicero, the term was applied during the Roman Republic to a verdict of "not proven" if the guilt or innocence of the accused was "not clear". [2] Strictly, a finding of non liquet could result in a decision that the matter will always remain non-justiciable ...
Black's Law Dictionary defines 'void' as "[n]ull; ineffectual; nugatory; having no legal force or binding effect...." [1] In the case of a contract, this means there is no legal obligation, therefore there can be no breach of contract since the contract is null, but there may be an implied contract which requires the recipient of goods or services provided to pay their reasonable value.