Written by attorneys · grounded in primary & secondary sources — see below
To express mutual assent or consent with one or more other parties to a common purpose or undertaking. The assent must be genuine and voluntary rather than feigned or coerced.
Antonio Alvarado approached Alexis Archer with a plan to rob a warehouse. Archer pretended to join the scheme but secretly alerted the police and never intended to participate. Because Archer lacked genuine shared intent, Alvarado cannot be convicted of conspiracy.
The House passed a tax bill and sent it to the Senate. After Senate amendments, both chambers approved the final version and presented it to the President. The President's signature completed the required sequence of mutual approvals.
Atlas Ventures leased an apartment to Angela Acosta for residential use. On the day Acosta was to take possession, the unit lacked working plumbing through no fault of Acosta. Acosta could terminate the lease because the parties had contemplated residential use and the property was unsuitable.
Select any source to read its text and confirm it supports the definition.
Abigail Alvarez and Andre Antoine scheduled a marriage ceremony. Alvarez arrived heavily intoxicated and could not understand the vows. Because capacity is measured at the time of the ceremony, the marriage is invalid for lack of mutual understanding and assent.
Anchor Bank and Ashford Manufacturing litigated a valuation dispute. The court asked the parties to nominate experts. Both sides agreed on Dr. Rivera, who consented to serve, so the court appointed her without further nominations.
Alexandra Armstrong and Argonaut Shipping signed subscription agreements for shares in a yet-to-be-formed corporation. Six weeks later both subscribers signed a written revocation. Because all subscribers agreed to revoke within the six-month period, the subscriptions became revocable.
No. At common law a conspiracy requires at least two participants who genuinely share the criminal objective. When one party merely pretends to agree, the other cannot be convicted because the necessary shared intent is absent.
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Capacity is determined at the exact time of the ceremony. Intoxication or other impairment that prevents understanding the nature of the act at that moment renders the marriage invalid even if the party later regains sobriety.
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Yes. A subscription is irrevocable for six months unless the agreement itself provides a different period or all subscribers agree to revocation. Mutual written consent within the six-month window is effective.
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…much beyond the trial stage, and appellate review will be effectively denied. Our law should not be that rigid. We therefore agree with the District Court that Jane Roe had standing to undertake this litigation, that the Does and Dr. Hallford had not, and that the case is not now moot. I The principal thrust of…