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Deed Of Endowment
In common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) title to property. The deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral. Deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the modern descendant of the medieval charter, and delivery is thought to symbolically replace the ancient ceremony of livery of seisin. The traditional phrase ''signed, sealed and delivered'' refers to the practice of seals; however, attesting witnesses have replaced seals to some extent. Agreements under seal are also called contracts by deed or ''specialty''; in the United States, a specialty is enforce ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Livery Of Seisin
Livery of seisin () is an archaic legal conveyancing ceremony, formerly practised in feudal England and in other countries following English common law, used to convey holdings in property. The term ''livery'' is closely related to if not synonymous with ''delivery'' used in some jurisdictions in contract law or the related law of deeds. The oldest forms of common law provided that a valid conveyance of a feudal tenure in land required physical transfer by the transferor to the transferee in the presence of witnesses of a piece of the ground itself, in the literal sense of a hand-to-hand passing of an amount of soil, a twig, key to a building on that land, or other token. Varieties Livery of seisin could refer to either: * ''Livery in deed'', whereby the parties met together on the land and the transferor symbolically delivered possession of the land by handing over a twig or a clump of earth to the recipient. * ''Livery in law'', whereby the parties went within sight of the lan ...
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Yale University
Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the world. It is a member of the Ivy League. Chartered by the Connecticut Colony, the Collegiate School was established in 1701 by clergy to educate Congregational ministers before moving to New Haven in 1716. Originally restricted to theology and sacred languages, the curriculum began to incorporate humanities and sciences by the time of the American Revolution. In the 19th century, the college expanded into graduate and professional instruction, awarding the first PhD in the United States in 1861 and organizing as a university in 1887. Yale's faculty and student populations grew after 1890 with rapid expansion of the physical campus and scientific research. Yale is organized into fourteen constituent schools: the original undergraduate col ...
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Seal (device)
A seal is a device for making an impression in wax, clay, paper, or some other medium, including an embossment on paper, and is also the impression thus made. The original purpose was to authenticate a document, or to prevent interference with a package or envelope by applying a seal which had to be broken to open the container (hence the modern English verb "to seal", which implies secure closing without an actual wax seal). The seal-making device is also referred to as the seal ''matrix'' or ''die''; the imprint it creates as the seal impression (or, more rarely, the ''sealing''). If the impression is made purely as a relief resulting from the greater pressure on the paper where the high parts of the matrix touch, the seal is known as a ''dry seal''; in other cases ink or another liquid or liquefied medium is used, in another color than the paper. In most traditional forms of dry seal the design on the seal matrix is in intaglio (cut below the flat surface) and therefore the ...
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Grantee
A grant, in law, is a transfer of property, generally from a person or other entity giving the property (the grantor) to a person or entity receiving the property (the grantee). Historically, a grant was a transfer by deed of that which could not be passed by livery, an act evidenced by letters patent under the Great Seal, granting something from the king to a subject, and a technical term made use of in deeds of conveyance of lands to import a transfer. Though the word "grant" was originally made use of, in treating of conveyances of interests in lands, to denote a transfer by deed of that which could not be passed by livery, and was applied only to incorporeal hereditaments, it became a generic term, applicable to the transfer of all classes of real property. As distinguished from a mere license, a grant passes some estate or interest, corporeal or incorporeal, in the lands which it embraces; can only he made by an instrument in writing, under seal; and is irrevocable, when mad ...
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Grantor
A grant, in law, is a transfer of property, generally from a person or other entity giving the property (the grantor) to a person or entity receiving the property (the grantee). Historically, a grant was a transfer by deed of that which could not be passed by livery, an act evidenced by letters patent under the Great Seal, granting something from the king to a subject, and a technical term made use of in deeds of conveyance of lands to import a transfer. Though the word "grant" was originally made use of, in treating of conveyances of interests in lands, to denote a transfer by deed of that which could not be passed by livery, and was applied only to incorporeal hereditaments, it became a generic term, applicable to the transfer of all classes of real property. As distinguished from a mere license, a grant passes some estate or interest, corporeal or incorporeal, in the lands which it embraces; can only he made by an instrument in writing, under seal; and is irrevocable, when mad ...
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Covenant (law)
A covenant, in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical English common law, a covenant was distinguished from an ordinary contract by the presence of a seal. Because the presence of a seal indicated an unusual solemnity in the promises made in a covenant, the common law would enforce a covenant even in the absence of consideration. In United States contract law, an implied ''covenant'' of good faith is presumed. A covenant is an agreement like a contract. The covenantor makes a promise to a covenantee to perform an action ''(affirmative covenant'' in the United States or ''positive covenant'' in England and Wales) or to refrain from an action (negative covenant). In real property law, the term ''real covenants'' means that conditions are tied to the ownership or use of land. A "covenant running with the land", meeting tests of wording and circumstances laid down in precedent, imposes duti ...
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Bilateral
Bilateral may refer to any concept including two sides, in particular: * Bilateria, bilateral animals *Bilateralism, the political and cultural relations between two states *Bilateral, occurring on both sides of an organism ( Anatomical terms of location § Medial and lateral) *Bilateral symmetry, symmetry between two sides of an organism *Bilateral filter, an image processing algorithm * Bilateral amplifier, a type of amplifier * ''Bilateral'' (album), an album by the band ''Leprous'' *Bilateral school, see Partially selective school (England) In England, a partially selective school is one of a few dozen state-funded secondary schools that select a proportion of their intake by ability or aptitude, permitted as a continuation of arrangements that existed prior to 1997. Though treated ...
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Hart Publishing
Bloomsbury Publishing plc is a British worldwide publishing house of fiction and non-fiction. It is a constituent of the FTSE SmallCap Index. Bloomsbury's head office is located in Bloomsbury, an area of the London Borough of Camden. It has a US publishing office located in New York City, an India publishing office in New Delhi, an Australia sales office in Sydney CBD and other publishing offices in the UK including in Oxford. The company's growth over the past two decades is primarily attributable to the ''Harry Potter'' series by J. K. Rowling and, from 2008, to the development of its academic and professional publishing division. The Bloomsbury Academic & Professional division won the Bookseller Industry Award for Academic, Educational & Professional Publisher of the Year in both 2013 and 2014. Divisions Bloomsbury Publishing group has two separate publishing divisions—the Consumer division and the Non-Consumer division—supported by group functions, namely Sales and Mark ...
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Privity Of Contract
The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon any person who is not a party to the contract. The premise is that only parties to contracts should be able to sue to enforce their rights or claim damages as such. However, the doctrine has proven problematic because of its implications for contracts made for the benefit of third parties who are unable to enforce the obligations of the contracting parties. In England and Wales, the doctrine has been substantially weakened by the Contracts (Rights of Third Parties) Act 1999, which created a statutory exception to privity (enforceable third party rights). 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, ...
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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 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 liabiliti ...
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Simple Contract
In contract law, a ''simple contract'' is a contract made orally or in writing or both of them rather than a contract made under seal. Simple contracts require consideration to be valid, but simple contracts may be implied from the conduct of parties bound by the contract. William Blackstone observed in his ''Commentaries on the Laws of England'' that in the seventeenth century, debtors used simple contracts as one of three accepted forms of unsecured debt instruments. In 1828, the Parliament of the United Kingdom amended the statute of frauds so that oral acknowledgments or promises could not be used as evidence to prove the existence of a simple contract. Today, some American jurisdictions have established that a security interest is perfected "when a creditor on a simple contract cannot acquire a judicial lien that is superior to the interest" of the secured party.Timothy R. Zinnecker''Purchase Money Security Interests in the Preference Zone: Questions Answered and Questions Rai ...
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