registered company – a company with a legal structure, registered under
the Companies Act 1985
remedy – a way of putting right a wrong, or a legal solution for that
wrong
representation – a casual statement made before a contract is formed,
which does not form a term
repudiate – end a contract under common law (as in breach)
res extincta – the thing is destroyed (referring to the subject matter of the
contract)
rescind – end a contract under equity (as in misrepresentation)
right – something to which a person is entitled
severable – obligations in a contract which can be separated
severance – the deletion of a clause which is not allowed by the court
statute – an Act of Parliament
subject to contract – indicates that negotiations have not yet reached the
stage of a binding contract
sue – make a civil claim in court
sufficient – recognisable (when referring to consideration)
term – a section, or clause, of a contract
uberrimae fides – literally, ‘utmost good faith’ – when one person places
great trust in another
ultra vires – literally ‘outside one’s powers’ – acting beyond the allowed
limits
unanimous – with the agreement of everyone involved
undue influence – unfair pressure to enter a contract
unilateral contract – where one party lays down the terms and the other
agrees
unilateral mistake – where one party to a contract is aware of the false
assumption of the other
unliquidated damages – damages not pre-estimated by the parties, but
assessed by the court
vitiating factor – something which makes an otherwise well formed
contract not binding
vicarious performance – performance on behalf of another
void – when a contract ends completely under common law
voidable – the equitable right to end a contract, normally subject to bars
to rescission
warranty – a minor term of a contractLegal terms and expressions 331CHAR_Z02.QXD 14/9/07 10:01 Page 331