Glossary of Contract Law

The source chapter of the extracted terms is the 12th (pp. 251-270) from
Catherine Elliott & Frances Quinn (2009) Contract Law.

Term 1 Burden of proof

Definition: The duty of a party in a legal dispute to prove a claim.
Source of definition: www.translegal.com
Context of use: If the presumption of undue influence applies, this does not
mean that undue influence exists, but rather that the burden of
proof falls on the alleged wrongdoer to show that the transaction
was not caused by undue influence. (p. 257)
Source of context: Catherine Elliott, Frances Quinn, 2009 : 257
Romanian Translation: Sarcina probei
Source of translation: iate.europa.eu
Phraseology: burden of proof
Synonyms/Antonyms/ Also found as onus probandi (iate.europa.eu) and onus of proof
Other sense relations: (eur-lex.europa.eu).
Clarification of For example, in a criminal trial, the prosecution has the burden
definition/translation (if of proving the defendant committed a crime. (nolo.com)
applicable)

Term 2 Claimant
Definition: A person who brings a civil action in court.
Source of definition: www.translegal.com
Context of use: Pressure induced the claimant to enter the contract. (p. 255)
Source of context: Catherine Elliott, Frances Quinn, 2009 : 255
Romanian Translation: Reclamant, Titular de drepturi
Source of translation: iate.europa.eu
Phraseology: a claimant’s request.
Synonyms/Antonyms/ Synonyms : pursuer, applicant (iate.europa.eu)
Other sense relations: Antonyms : defendant, respondent (iate.europa.eu)
Clarification of Claimant is one who makes a claim or one who asserts a right or
definition/translation (if an interest, especially in land, chattels, or tangible things.
applicable) (definitions.uslegal.com)

Term 3 Deed
Definition: A legal document that is written in a particular form and
signed, usually concerning the ownership of property or the
granting of legal rights.
Source of definition: www.translegal.com
Context of use: Armstrong’s threats had contributed to Barton’s decision to sign
the deed, even if they were not the only reason. (p. 255)
Source of context: Catherine Elliott, Frances Quinn, 2009 : 255
Romanian Translation: 1.Contract; 2. Act
Source of translation: 1.eur-lex.europa.eu; 2. iate.europa.eu
Phraseology: trust deed, notarial deed, to sign a deed
Synonyms/Antonyms/ Also found as (trust) indenture and document (iate.europa.eu).
Other sense relations:
Clarification of In some jurisdictions, particular agreements must be in the form
definition/translation (if of a deed. This is especially true when property or a right is
applicable) transferred from one party to another, with nothing being given
 in return. (www.translegal.com)

Term 4 Demotion
Definition: Reduction in position or rank.
Source of definition: www.translegal.com
Context of use: Such demotion only usually occurred where a disciplinary
offence had been committed, or where a person was unsuitable
for the Special Forces. (p. 255)
Source of context: Catherine Elliott, Frances Quinn, 2009 : 255
Romanian Translation: Suspendare, retrogradare sau demitere
Source of translation: eur-lex.europa.eu
Phraseology: military demotion
Synonyms/Antonyms/ Synonym : reduction (legal-dictionary.thefreedictionary.com)
Other sense relations: Antonym : promotion (legal-dictionary.thefreedictionary.com)
Clarification of Often referred to for a position in the army.
definition/translation (if (www.translegal.com)
applicable)

Term 5 Dicta (the plural of dictum)

Definition: Latin phrase.
Remarks of a judge, which are not necessary to reaching a
decision, but are made as comments, illustrations or
thoughts.
Source of definition: legal-dictionary.thefreedictionary.com
Context of use: Despite the strong dicta in Etridge (No 2) […] the Court of
Appeal concluded that a solicitor had not in fact advised his
client appropriately, and the relevant contract was tainted by
undue influence. (p. 263)
Source of context: Catherine Elliott, Frances Quinn, 2009 : 263
Romanian Translation: Dicta, dictum (expresie din limba latină)
Source of translation: eur-lex.europa.eu
Phraseology: Obiter dictum.
Synonyms/Antonyms/ -
Other sense relations:
Clarification of A ‘dictum’ is something said in a judgment that is not essential to
definition/translation (if the decision. (www.translegal.com)
applicable)

Term 6 Jurisdiction
Definition: The area in which a particular legal system operates.
Source of definition: www.translegal.com
Context of use: Some overseas jurisdictions have regarded it as a bold, creative
theory, but in England it has generally been disapproved by
other judges. (p. 265)
Source of context: Catherine Elliott, Frances Quinn, 2009 : 265
Romanian Translation: Jurisdicție
Source of translation: iate.europa.eu
Phraseology: national jurisdiction, submitted to the jurisdiction of…,
under the jurisdiction of…, exclusive jurisdiction
Synonyms/Antonyms/ Synonym : competence (used for the first meaning of the word)
Other sense relations: (iate.europa.eu)
Clarification of The first meaning of the word is “the power of a court, authority
definition/translation (if or other official body to decide a legal case or to make an order.
applicable) This is also referred to as competent jurisdiction, as in the court
of competent jurisdiction.” (www.translegal.com). However, the
definition I have chosen is the one appropriate for the context.
Do not mistake for jurisprudence.

Term 7 To mitigate
Definition: To reduce the harmful, unpleasant or bad effects of
something
Source of definition: www.translegal.com
Context of use: Where a court finds that a contract was made as a result of
undue influence, it may set it aside, or modify its terms so as to
mitigate the disadvantage. (p. 256)
Source of context: Catherine Elliott, Frances Quinn, 2009 : 256
Romanian Translation: A diminua, a atenua
Source of translation: eur-lex.europa.eu
Phraseology: Applicable mainly to the noun: mitigation of punishment, risk
mitigation
Synonyms/Antonyms/ Synonyms : to abate, to reduce (www.traslegal.com)
Other sense relations:
Clarification of In tort law, there is a requirement that someone injured by
definition/translation (if another's negligence or breach of contract must take reasonable
applicable) steps to reduce the damages, injury or cost, and to prevent them
from getting worse. (definitions.uslegal.com)

Term 8 Monopoly
Definition: Complete control over a particular area of business or
political activity so that other organizations cannot
compete.
Source of definition: www.translegal.com
Context of use: In CTN Cash and Carry v Gallaher (1994) the defendants were
a cigarette supplier, who had a monopoly on the supply of the
best-known brands. (p. 254)
Source of context: Catherine Elliott, Frances Quinn, 2009 : 254
Romanian Translation: Monopol
Source of translation: iate.europa.eu
Phraseology: bilateral monopoly, de facto monopoly
Synonyms/Antonyms/ Antonym : monopsony (definitions.uslegal.com)
Other sense relations:
Clarification of A market condition in which there is only one seller and one
definition/translation (if buyer is called a bilateral monopoly. A situation where one buyer
applicable) controls the market is called monopsony.
(definitions.uslegal.com)

Term 9 Rescission
Definition: The right to treat a contract as if it never existed or rescind
contract rights; generally appropriate in cases of fraud and
misrepresentation.
Source of definition: www.translegal.com/
Context of use: As undue influence is an equitable doctrine, relief will be barred
on similar grounds to those discussed in relation to the limits on
the right to rescission for misrepresentation. (p. 264)
Source of context: Catherine Elliott, Frances Quinn, 2009 : 264
Romanian Translation: Anulare, rezoluțiune (a unui contract)
Source of translation: eur-lex.europa.eu
Phraseology: rescission bill, rescission of contract, right of rescission
Synonyms/Antonyms/ Synonym : abrogation (legal-dictionary.thefreedictionary.com)
Other sense relations:
Clarification of The right of rescission is a borrower's statutory right under the
definition/translation (if Truth-in-Lending law that allows borrowers who pledge their
applicable) homes as collateral on a loan to rescind or cancel the loan within
a three business day “cooling-off period” after closing.
(definitions.uslegal.com)

Term 10 Voidable
Definition: Something which is voidable is subject to becoming void.
Void means something which is invalid and of no effect.
Source of definition: definitions.uslegal.com
Context of use: Traditionally, the common law doctrine of duress would only
make a contract voidable where one party had obtained the
other’s consent by means of physical violence or threats of it, or
unlawful constraint. (p. 252)
Source of context: Catherine Elliott, Frances Quinn, 2009 : 252
Romanian Translation: Potențial nul
Source of translation: eur-lex.europa.eu
Phraseology: Voidable contract, voidable judgement, voidable marriage
Synonyms/Antonyms/ Synonym : rescindable (legal-dictionary.thefreedictionary.com)
Other sense relations:
Clarification of When a contract is said to be voidable, it is assumed that a
definition/translation (if contract has been made, but that it is subject to being unmade
applicable) at the election of one party. (definitions.uslegal.com)