Refrain in Legal

1) n. a firm agreement to take action, not to act, or to make payment or delivery. In contract law, when the parties exchange promises, each promise is a « quid pro quo » (an element of value) for the other promise. The non-performance of a promise in a contract is a breach of contract for which the other party can bring an action for performance and/or damages. 2) v. to enter into a binding agreement, to act, not to act or to make a payment or delivery. When someone asks you to refrain from doing something, it means they are relying on your self-control. It is used in social contexts – Please refrain from arguing with your uncle Roger. The consequences of not omitting a certain action in a social context are likely to depend exactly on the context and may be limited to a slight disappointment.

I recently received the following email from a reader warning me of this: Look for legal acronyms and/or abbreviations containing refrains in the dictionary of legal abbreviations and acronyms. For contract purposes, you`d probably have a hard time arguing that the chorus expresses anything other than a complete prohibition. But why risk having this discussion? When reviewing a contract, I would not hesitate to change that I should refrain from doing so, and that is what I told the reader who asked the question. And there is no downside to omitting contract waiver. Because treaties are there to articulate rules and have no voice, they are not the place of Namby-pamby veneration as evidenced by the chorus. Have you ever seen or written about a negative covenant written as « will abstain » instead of « must not »? I see it today in a confidentiality agreement of another party. It gives me some heartburn that the other party is forced to simply « not disclose » our client`s confidential information. The definition of the chorus is « refraining from an impulse to say or do something. » It seems a bit sweet, a little too much like trying. Am I being petty if I mark this and send it back? (1) n. any instruction or warrant from a judge or court that is not a judgment or legal opinion (although both may contain an order) ordering that something be done or that there be a prohibition to act. This can range from an order to have a case heard on a specific date to an order to execute a convicted defendant in a state prison.

2) v. for a judge to order a party to do or refrain from performing a particular act in court, or to order an officer or clerk (such as a sheriff) to take certain actions such as forfeiture of property or arrest of an AWOL defendant. You`ll also see the chorus used in less intimate contexts when it`s up to the speaker to be polite – for example, when someone gives instructions to customers. In this context, lack of self-control can have unpleasant consequences. If a flight attendant asks you to quit smoking and you do it anyway, you can expect a much stronger response than a mild disappointment. Search or search for choruses in the American Encyclopedia of Law, Asian Encyclopedia of Law, European Encyclopedia of Law, UK Encyclopedia of Law, or Latin American and Spanish Encyclopedia of Law. You might be interested in the historical significance of this term. Browse or search for the historical law refrain in the Encyclopedia of Law.