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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
Collateral_contract
Legally binding document establishing rights and duties between parties
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves
Contract
Contract Act
The Indian Contract Act, 1872 governs the law of contracts in India and is the principal legislation regulating contract law in the country. It is applicable
Indian_Contract_Act,_1872
2004 neo-noir action thriller film by Michael Mann
Collateral is a 2004 American neo-noir action thriller film directed and produced by Michael Mann, written by Stuart Beattie, and starring Tom Cruise and
Collateral_(film)
Contract that is not enforceable at law
contract, can become void. Void agreements are different from voidable contracts, which are contracts that may be nullified. However, when a contract
Void_contract
Type of contractual promise
An option contract, or simply option, is defined as "a promise which meets the requirements for the formation of a contract and limits the promisor's
Option_contract
Standardised contract to buy or sell an asset at a future date
by a comparison of the market value of the futures to the collateral securing the contract to keep it in line with the brokerage margin requirements.
Futures_contract
An output contract is an agreement in which a producer agrees to sell his or her entire production to the buyer, who in turn agrees to purchase the entire
Output_contract
Type of civil wrong in contract law
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or
Breach_of_contract
agreement, made before a contract with an entire agreement was signed, should also be separately enforced as a collateral contract. Christopher Nugee QC
Integration_clause
Type of contract between suppliers and buyers
A requirements contract is a contract in which one party agrees to supply as much of a good or service as is required by the other party, and in exchange
Requirements_contract
Components of a legally-binding contract
placing of goods in the auction is an invitation to treat), there is a collateral contract between the auctioneer and the highest bidder that the auction will
Offer_and_acceptance
Legal principle
impositions of obligations. These are: Collateral Contracts (between the third party and one of the contracting parties) Trusts (the beneficiary of a trust
Privity_of_contract
Type of contract between two parties
standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, a take-it-or-leave-it contract, or a boilerplate contract) is a contract
Standard_form_contract
English contract law case
exhaustive of the parties' intentions when there is clear evidence of a collateral contract. It shows that even evidence from outside a written agreement may
City and Westminster Properties (1934) Ltd v Mudd
City_and_Westminster_Properties_(1934)_Ltd_v_Mudd
Remedy which allows a contractual party to cancel the contract
In contract law, rescission is an equitable or legal remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the
Rescission_(contract_law)
Branch of law in the US
States. The law of contracts varies from state to state; there is nationwide federal contract law in certain areas, such as contracts entered into pursuant
United_States_contract_law
Surgical procedure for the elbow
Ulnar collateral ligament reconstruction, also known as Tommy John surgery, is a surgical graft procedure where the ulnar collateral ligament in the medial
Ulnar collateral ligament reconstruction
Ulnar_collateral_ligament_reconstruction
Contractual obligation to compensate for losses incurred by the other party
In contract law, an indemnity is a contractual obligation of one party (the indemnitor) to compensate the loss incurred by another party (the indemnitee)
Indemnity
Legal concept
oral contract is a contract, the terms of which have been agreed by spoken communication. This is in contrast to a written contract, where the contract is
Oral_contract
Legal contract for the purchase of assets
In contract law, a contract of sale, sales contract, sales order, or contract for sale is a legal contract for the purchase of assets (goods or property)
Contract_of_sale
Untrue statement in contract negotiations
of the trade in question. The representation forms the basis of a collateral contract. Otherwise, an action may lie in misrepresentation, and perhaps in
Misrepresentation
Legal term
creation of a legal contract. It is featured in Chappell & Co Ltd v Nestle Co Ltd ([1960] AC 87), an important English contract law case where the House
Peppercorn_(law)
of collateral contracts in English contract law. In it the High Court of Justice King's Bench Division used the principle of collateral contracts, to
Shanklin Pier Ltd v Detel Products Ltd
Shanklin_Pier_Ltd_v_Detel_Products_Ltd
Suspension of contractual obligations during extreme circumstances
free dictionary. In contract law, force majeure (/ˌfɔːrs məˈʒɜːr/ FORSS mə-ZHUR; French: [fɔʁs maʒœʁ]) is a common clause in contracts which essentially
Force_majeure
Common law rule relating to contracts
added to avoid taxes. To prove that the term or promise is part of a collateral contract. To aid in the interpretation of existing terms. To resolve ambiguity
Parol_evidence_rule
The law of contract in Australia is similar to the contract law of other Anglo-American common law jurisdictions, but differences from other jurisdictions
Australian_contract_law
Contract retaining future work
A retainer agreement is a work-for-hire contract. It falls between a one-off contract and permanent employment, which may be full-time or part-time. Its
Retainer_agreement
Legal doctrine holding contracts unenforceable by non-parties
benefited from the contract. A collateral contract is a contract where the consideration is the entry into another subordinate contract, which co-exists
Privity_in_English_law
Financial product
A collateralized debt obligation (CDO) is a type of structured asset-backed security (ABS). Originally developed as instruments for the corporate debt
Collateralized debt obligation
Collateralized_debt_obligation
Type of financial collateral used to cover credit risk
financial instruments to sell them short, Entered into a derivative contract. The collateral for a margin account can be the cash deposited in the account or
Margin_(finance)
Concept in contract law
parties are mistaken. Hence the contract is voidable. Collateral mistakes will not afford the right of rescission. A collateral mistake is one that "does not
Mistake_(contract_law)
Law of contracts in England and Wales
Wedderburn, 'Collateral Contract' [1959] CLJ 58. See also City and Westminster Properties (1934) Ltd v Mudd [1959] Ch 129 on collateral contracts. In California
English_contract_law
in a contract. Collateral warranties may be provided by designers, building contractors and specialist sub-contractors. The need for collateral warranties
Collateral_warranty
decided that tenders and requests for tenders are accompanied by a collateral contract implying that the requestor will give due consideration to any timely
Blackpool & Fylde Aero Club v Blackpool BC
Blackpool_&_Fylde_Aero_Club_v_Blackpool_BC
Method of dispute resolution
arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory
Arbitration
Law concerning contracts, in force from 1999–2020
The Contract Law of the People's Republic of China was a law in the PRC that came into force on October 1, 1999, and was abolished on Jan 1, 2021 with
Contract Law of the People's Republic of China
Contract_Law_of_the_People's_Republic_of_China
Contract to use an asset by paying the owner
buildings it is most common for users to pay also by collateral contract, or by the same contract, a service charge which is normally an express list of
Lease
An implied-in-fact contract is a form of an implied contract formed by non-verbal conduct, rather than by explicit words. The United States Supreme Court
Implied-in-fact_contract
Latin Phrase
meruit is a Latin phrase meaning "what one has earned". In the context of contract law, it means something along the lines of "reasonable value of services"
Quantum_meruit
Agreement to engage in illegal activity
An illegal agreement, under the common law of contract, is one that the court will not enforce because either (1) the making of the agreement itself is
Illegal_agreement
clause in a contract that is intended to cover cases in which unforeseen events occur that fundamentally alter the equilibrium of a contract resulting in
Hardship_clause
Any provision forming part of a contract
A 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
Contractual_term
Document issued by a financial institution
an LC theoretically fits as a collateral contract accepted by conduct or in other words, an implied-in-fact contract where the buyer participates as
Letter_of_credit
Form of short-term borrowing
borrowing, usually, though not always, using government securities as collateral. A contracting party sells a security to a lender and, by agreement between the
Repurchase_agreement
Concept in the law of contracts
anticipatory breach is a concept in the law of contracts which describes words or conduct by a contracting party that evinces an intention not to perform
Anticipatory_repudiation
person's consent to an act, such as sexual activity or the entering into a contract; or, secondly, as a possible legal defense or justification to an otherwise
Duress_in_American_law
Negative pledge is a provision in a contract which prohibits a party to the contract from creating any security interests over certain property specified
Negative_pledge
Legal term
consensus ad idem) is a phrase in contract law used to describe the intentions of the parties forming the contract. In particular, it refers to the situation
Meeting_of_the_minds
Doctrine of contractual interpretation
the other party will misunderstand the contract; it also may facilitate judicial interpretation of the contract." Uri Weiss claimed: "The Contra Proferentem
Contra_proferentem
Concept in common law as applied in the US
Consideration is the central concept in the common law of contracts and is required, in most cases, for a contract to be enforceable. Consideration is the price one
Consideration under American law
Consideration_under_American_law
Contact term allowing non-performance
term, or condition in a contract that allows a party to that contract to avoid having to perform its obligations under the contract. If an agreement was
Escape_clause
may be a collateral contract, that would bind Heilbut to their representation. However, Lord Moulton stated that such collateral contracts would be rare
Heilbut, Symons & Co v Buckleton
Heilbut,_Symons_&_Co_v_Buckleton
Prevention of payment default by trading partners
collateral is agreed before initiation of the contract. Collateral agreements are often bilateral. Collateral has to be returned or posted in the opposite
Collateral_management
Doctrine used in American case law
The collateral source rule, or collateral source doctrine, is an American case law evidentiary rule that prohibits the admission of evidence that the
Collateral_source_rule
Commercial document
not itself form a contract. If no prior contract exists, then it is the acceptance of the order by the seller that forms a contract between the buyer
Purchase_order
Superseded UK statutory instrument
Consumer Contracts Regulations 1999 (SI 1999/2083) was a UK statutory instrument, which implemented the EU (then EEC) Unfair Consumer Contract Terms Directive
Unfair Terms in Consumer Contracts Regulations 1999
Unfair_Terms_in_Consumer_Contracts_Regulations_1999
Type of financial contract
margin calls. Hence, a forward contract arrangement might call for the loss party to pledge collateral or additional collateral to better secure the party
Derivative_(finance)
Doctrine in contract law
known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly
Unconscionability
Surety bond for completion of work under a contract
The term is also used to denote a collateral deposit of good faith money, intended to secure a futures contract, commonly known as margin. Performance
Performance_bond
Parties to a transaction are on an equal footing
is known as an "arm's-length transaction". It is used specifically in contract law to arrange an agreement that will stand up to legal scrutiny, even
Arm's_length_principle
Dispute resolution with assistance of a moderator
The general law of contract applies in the UK accordingly. Procurement mediation occurs in circumstances after creation of the contract where a dispute arises
Mediation
Legal aptitude to have rights and liabilities
care home or whether to have major surgery. As an aspect of the social contract between a state and its citizens, the state adopts a role of protector
Capacity_(law)
Contract language that limits one party's ability to pursue damages
Within a contract, an exculpatory clause is a statement that aims to prevent one party from holding the other party liable for damages. An exculpatory
Exculpatory_clause
Defence in contract law
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
Frustration_of_purpose
Concept in the common law of contracts
something of value. It is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common
Consideration
Type of financial derivative contract
inexpensive and require little in terms of administration. Collateral contract "Equity Swap Contract". Corporate Finance Institute. Retrieved 2024-11-13.
Equity_swap
Uniform Act governing sales and transactions
others who may claim an interest in the collateral (called perfection); when multiple claims to the same collateral exist, determining which interests prevail
Uniform_Commercial_Code
Equitable remedy in contract law
law of contract, in which a court issues an order requiring a party to perform a specific act, such as to complete performance of a contract. It is typically
Specific_performance
Overview of contract law in Canada
negotiation pertains to collateral terms in an otherwise complete contract, as well as in situations where parties to an oral contract have agreed to negotiate
Canadian_contract_law
In contract law, an illusory promise is one that courts will not enforce. This is in contrast with a contract, which is a promise that courts will enforce
Illusory_promise
Damages agreed for a delay in a contract
first party or a benefit to the second party by a secondary stipulation collateral to the primary stipulation (i.e. it does not have to be a breach). In
Liquidated_damages
Implied covenant of honesty and fair dealing in contract law
negotiation pertains to collateral terms in an otherwise complete contract, as well as in situations where parties to an oral contract have agreed to negotiate
Good_faith_(law)
Legal rules relating to financial instruments and financial assets
utility of collateral. In Europe, two regimes of collateral carve-outs exist; the Financial Collateral Directive, and the Financial Collateral Arrangement
Financial_law
Type of loan
acquires a security interest in collateral owned by the borrower and is entitled to foreclose on or repossess the collateral in the event of the borrower's
Secured_transaction
the nature and essence of a covenant. A collateral assurance is separate but subservient to the principal contract. It usually allows for damages to be paid
Collateral_assurance
English contract law case
as an invitation to treat) Blackpool & Fylde Aero Club v Blackpool Borough Council (offer for tenders binding if accompanied by collateral contract)
Spencer_v_Harding
Clause of the U.S. Constitution which prohibits certain actions by state governments
Section 10, Clause 1 of the United States Constitution, known as the Contract Clause, imposes certain prohibitions on the states. These prohibitions
Contract_Clause
Contract for the purchase of real property with structured loan repayments
In contract law, a land contract, (also known as contract for deed or agreement for deed), is a contract between the buyer and seller of real property
Land_contract
Act of the Parliament of the United Kingdom
The Unfair Contract Terms Act 1977 (c. 50) is an act of the Parliament of the United Kingdom which regulates contracts by restricting the operation and
Unfair Contract Terms Act 1977
Unfair_Contract_Terms_Act_1977
Law about agreements between two or more parties
or validity of the written contract Explanation of its terms Collateral agreements not inconsistent with the written contract Oral evidence may be given
South_African_contract_law
Legal concept of substituting a new contract for an old one
Novation, in contract law and business law, is the act of – replacing an obligation to perform with another obligation; or adding an obligation to perform;
Novation
Type of statute specifying that certain contracts must be in writing
of contracts be memorialized in writing, signed by the party against whom they are to be enforced, with sufficient content to evidence the contract. The
Statute_of_frauds
1954 Virginia Supreme Court case regarding contract language
the enforceability of a contract based on outward appearance of the agreement. It is commonly taught in first-year contract law classes at American law
Lucy_v._Zehmer
Common law doctrine
such issues as "necessary to do what?" and "how necessary compared to collateral damage?" For example, even if a restraint is necessary and ancillary,
Restraint_of_trade
Legal strategy
or again in the alternative that the statement became a part of a collateral contract. Occasionally, such arguments can be confusing to some people, who
Argument_in_the_alternative
honest contractual performance is a contractual duty and implied term of a contract, introduced into Canadian law in 2014 as a result of the decision of the
Duty of honest contractual performance
Duty_of_honest_contractual_performance
Contract clause mandating payments
A hell or high water clause is a clause in a contract, usually a lease, which provides that the payments must continue irrespective of any difficulties
Hell_or_high_water_clause
on the expected loss to one party if the other party were to breach the contract, penal damages go further and seek to penalise the breaching party beyond
Penal_damages
Passing an obligation to another person
In contract law and administrative law, delegation (Latin intercessio) is the act of giving another person the responsibility of carrying out the performance
Delegation_(law)
Debt bondage contract in early Roman Republic
bondage contract in the early Roman Republic. A debtor pledged his person as collateral if he defaulted on his loan. Details as to the contract are obscure
Nexum
Contractual provision prohibiting certain lawsuits
A class action waiver is a provision found in some contracts which prohibits a party from filing a class action legal proceeding against the other party
Class_action_waiver
Doctrine in contract law
nominated subcontractors to Trentham. They also had a contract with the employer (collateral contract) whereby they warranted due performance of the subcontract
Res_inter_alios_acta
Arbitration law for international commerce
Rules, on the other hand, are selected by parties either as part of their contract, or after a dispute arises, to govern the conduct of an arbitration intended
UNCITRAL Model Law on International Commercial Arbitration
UNCITRAL_Model_Law_on_International_Commercial_Arbitration
Concept that requires parties to be honest in court processes
government from certain defences, such as laches or non-mutual offensive collateral estoppel, but it did not explicitly do so for unclean hands. In fact,
Clean_hands_doctrine
The doctrine of impracticability in the common law of contracts excuses performance of a duty, where the said duty has become unfeasibly difficult or
Impracticability
from 14 June 2014 the distance regulations are replaced by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which
Unsolicited_goods
Damages recoverable from a breached contract
Expectation damages are damages recoverable from a breach of contract by the non-breaching party. An award of expectation damages protects the injured
Expectation_damages
Type of legal appeal in the U.S.
delineated the test for the availability of interlocutory appeals, called the collateral order doctrine, for United States federal courts in the case of Lauro
Interlocutory_appeal
Risk of loss is a term used in the law of contracts to determine which party should bear the burden of risk for damage occurring to goods after the sale
Risk_of_loss
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