Legal terms and expressions
Note about the use of legal expressions
It has been declared by Lord Woolf, Lord Chief Justice, that, with a view to
making the Law more user friendly, certain terms will change to eliminate
Latin expressions and to use more widely understood English words. So, for
example, a pleading will become a statement of case, and a plaintiff will
become a complainant. Welcome though the user-friendly approach is, the
changes will take some time to become widespread. A few have not met with
wide approval, such as a change from ‘minor’ to ‘child’ for someone under
18 – this does seem to be a strange move backwards, almost to the pre-1969
state. Whatever changes do take place, cases already reported and statutes
already in existence will, of course, contain the previously established
language. In this book the words and expressions widely known in the study
of law have been retained, as you will continue to meet these at in your
present studies, The ‘new’ terms are included in the glossary for reference.
Do feel free to use them – you are a generation of new lawyers!
acceptance – agreement to the terms of an offer
accord and satisfaction – where a party agrees to obligations being
replaced by new ones
Act of Parliament – a declaration of law by Parliament
adequate – market value (when referring to consideration)
affirm – indicate willingness to continue with a contract
agent – one authorised to act on behalf of another
arbitration – resolving a dispute by a person (usually an expert) as an
alternative to court
authority – a declaration of the law, usually by case or statute
bilateral contract – a contract in which both parties negotiate the terms
bill – a proposal for a new Act of Parliament
bona fide – in good faith, or genuine
breach of contract – where obligations of a contract are not fulfilled
capacity to contract – the status to form a contract
caveat emptor – literally, let the buyer beware (let the buyer make his
own enquiries)
charterparty – contract of hire of a ship
child – a person under 18 (the ‘new’ term for a minor)CHAR_Z02.QXD 14/9/07 10:01 Page 328