Glossary 463Specific performanceA court order, rarely granted,
ordering a party to perform his contractual
obligations.
Standard of proofThe extent to which a burden of
proof must be satisfied. In civil cases this is generally
on a balance of probabilities. In criminal cases the
prosecution must prove all elements of the case
beyond reasonable doubt.
StateA sovereign country.
StatuteAn Act of Parliament.
Statutory authorityA defence to various torts, that
the act complained of was authorised by a statute.
Statutory duty (breach of)Liability in tort which
can arise on account of breaching the provisions of a
statute, even though the statute did not specifically
spell out civil liability.
Stoppage in transitA right of an unpaid seller to
recover goods being delivered by a carrier to an
insolvent buyer.
Strict liability(1) In civil law, liability which can
arise without fault. (2) In criminal law, an offence
which can be committed without the prosecution
needing to prove mens rea in respect of all aspects of
the actus reus.
Subject to contractA willingness to accept an offer
subject to contract indicates that no contract will be
created until the parties have completed further
formalities.
SubpoenaA court order, requiring a person to
attend court and give evidence.
Substantial performancePerformance of a contract
which is sufficiently complete to enable a claim for
the price to be made. Damages may be payable in
respect of the part of the contract which was not
performed.
Sufficiency (of consideration)Consideration is
sufficient if it is of some recognisable value, no
matter how small, in relation to the consideration for
which it is exchanged. If a party’s consideration is
not sufficient then no contract will be formed. (See
also adequacy.)
Summary dismissalDismissal of an employee
without notice.
Summary offenceA minor criminal offence which
will be heard by the magistrates’ court.
Supreme CourtThe highest court in the English
legal system, formerly the House of Lords.Supreme Court justiceA judge who sits in the
Supreme Court.
Surplus assetsAssets of a company or an LLP
which are left over after the company or LLP has
been wound up and all creditors paid.
TenderAn offer to buy or sell goods, made in
response to an invitation for tenders.
Tender of performanceA demonstrated willingness
to perform an obligation.
Tender of the priceAn offer to pay the price.
Term (of a contract)An agreement within a
contract which gives rise to contractual liabilities.
Thing in actionAn intangible property right, such
as a patent, which can be enforced only by taking
legal action.
Third partyA person other than the parties to a
contract.
Title (in goods)Ownership of the goods.
Top-slicingIn relation to floating charges
created on or after 15 September 2003, top-slicing
requires a liquidator of an insolvent company to
set aside a certain percentage of the company’s
assets for payment to the unsecured creditors.
This amount is paid to the unsecured creditors
ahead of any amount paid to the floating charge
holders.
TortA civil wrong other than a breach of
contract.
TrackCivil cases will be allocated to one of three
tracks: the small claims track, the fast track or the
multi-track, depending upon the size and
complexity of the claim.
Trade markAn image which distinguishes the
products of one business from those of other
businesses.
TreatyA binding agreement made between
different States.
Treaty of RomeThe Treaty which founded what is
now the EU in 1957.
Trespass to landA direct, unauthorised
interference with another person’s land.
Trespass to the personEither assault, battery or
false imprisonment.
TribunalA specialist court which hears disputes of
a certain type, e.g. the employment tribunal hears
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