claimant – the person taking a civil case to court (the ‘new’ term for plaintiff)
civil law – law involving disputes, usually between individuals, which do not
amount to crimes
collateral contract – a secondary contract which stands beside the main
contract
common mistake – where both parties make a contract based on the same
false assumption
condition – a major term of a contract
consensus ad idem – literally the meeting of minds, or genuine agreement
consideration – the ‘thing’ (usually goods, money, service or promise) given
by a party to a contract
consumer – an individual buying from someone in business
context – surrounding circumstances
construction – interpretation
contra proferentem – a clause interpreted against the person relying on it
contract – an agreement between two parties enforceable by law
corporation – an organisation with its own separate identity
course of dealing – series of similar transactions between the same parties
criminal law – law regulating wrongs so serious that society feels there is
need for punishment
cross-purpose mistake – (an alternative term for mutual mistake – see that
entry)
damages – money awarded as compensation
defendant – a person defending, or answering, a claim in court
directive – a European ruling to member states to bring about a particular law
in their own country
discharge – the ending of a contract
dissenting – a judge who does not agree with the others
duress – a threat of violence or the unlawful restraint, used to make a person
enter into a contract
economic duress – a serious threat to wealth forcing a party to enter into a
contract
exclusion clause – a complete denial of an obligation within a contract
exemption clause – a limitation or denial of an obligation within a contract
freedom of contract – the idea that a person is free agree to anything they
wish
frustrated contract – where a contract ends through the fault of neither party
gratuitous promise – a promise given without any obligation in return
honourable pledge clause – a clause stating that an agreement is not
intended to be legally binding
implied term – a term which is included in a contract even if the parties did
not negotiate itLegal terms and expressions 329CHAR_Z02.QXD 14/9/07 10:01 Page 329