Also known as: calls · callable · called · calling · call provision · call option
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
One of the classes of contracts listed in Restatement (Second) of Contracts § 110(1) that cannot be enforced without a written memorandum signed by the party to be charged.
A promise made by an offeror as part of the offer that itself constitutes a binding option contract.
Each sense below has its own examples, sources, and questions.
One of the classes of contracts listed in Restatement (Second) of Contracts § 110(1) that cannot be enforced without a written memorandum signed by the party to be charged.
Select any source to read its text and confirm it supports the definition.
A promise made by an offeror as part of the offer that itself constitutes a binding option contract.
Select any source to read its text and confirm it supports the definition.
Congress passes a statute authorizing the President to call forth state militia units when federal law enforcement requires additional support during an insurrection. The statute is challenged as exceeding enumerated powers. The court upholds the law because Article I Section 8 expressly grants Congress authority to provide for calling forth the militia.
An attorney files a complaint without signing it or providing contact information. Opposing counsel moves to strike the document. The court strikes the pleading because Rule 11(a) requires every paper to be signed by at least one attorney of record, and the omission was not promptly corrected after notice.
A lawyer learns that a witness called by the lawyer gave material testimony the lawyer now knows is false. The lawyer immediately discloses the falsity to the tribunal after attempting to persuade the client to correct the record. The tribunal accepts the disclosure as satisfying the remedial obligation under Rule 3.3(a)(3).
A creditor seeks to enforce an oral promise by a third party to answer for the debt of the principal debtor. The court refuses enforcement because the suretyship contract falls within the classes listed in Restatement (Second) of Contracts section 110(1) and lacks a signed writing.
A will directs distribution to the descendants of the testator's sibling by representation. The probate court divides the property into shares equal to the number of surviving descendants in the nearest generation plus deceased descendants who left surviving issue, allocating one share to each survivor under Uniform Probate Code section 2-709(b).
The board must issue a uniform demand for payment according to the subscription terms. Failure to pay after proper notice permits the corporation to pursue remedies including forfeiture of the shares.
Supporting sources
The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's attention. The rule requires the signature and contact information on every pleading or motion.
Supporting sources
A party introduces a hearsay statement from a non-testifying declarant. The opposing party then calls the declarant as a witness solely to introduce a prior inconsistent statement. The court permits the examination because Rule 806 allows the declarant's credibility to be attacked by any evidence admissible if the declarant had testified.
A call option gives the holder the right to buy the underlying stock at the strike price. A put option gives the holder the right to sell the stock at the strike price.
Supporting sources
…were deployed near the campus in large numbers on three occasions, they did not at any time "ring" the campus, and they were not called to the campus in connection with the demonstration on the State Capitol steps, as the third paragraph implied. Dr. King had not been arrested seven times, but only four; and although he…