Written by attorneys · grounded in primary & secondary sources — see below
The words or text appearing in a legal instrument or statute, as opposed to its underlying purpose or spirit.
Sources & Authorities· 36 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
How it applies
Common Examples
6
Deed Language Discharges Repair Promise
Leo Lynch sold property to Lorenzo Lugo under a contract requiring the seller to repair the roof before closing. At closing the deed contained no reference to roof repairs. After closing a storm damaged the roof and Lugo sued for breach of the contract term. The language of the deed controlled under the merger doctrine and discharged the unembodied promise.
State-of-Mind Statement Admitted
Leah Lamb told her sister the day before her death that she intended to change her will to favor her nephew. The statement was offered to prove her intent regarding the will's terms. The language of the statement expressed then-existing intent and fell within the state-of-mind exception.
Corporate Name Language Requirement
Lattice Systems filed articles using the name Lattice Systems LLC. The secretary of state rejected the filing because the language failed to include corporation, incorporated, company, or limited or an approved abbreviation. The organizers amended the name to Lattice Systems Inc. and the filing was accepted.
Written Disclosure of Loan Terms
Lamar Lewis, a lawyer, agreed to lend money to client Lucia Lopez secured by her business assets. The written disclosure stated the interest rate and repayment schedule in plain language. Lopez signed the document after receiving it and the transaction satisfied the fairness and disclosure requirement.
Life Estate Language Creates Measured Interest
Latoya Lane conveyed Blackacre to her brother Lamar Lewis for the life of their mother. The deed language expressly limited the estate to the duration of the mother's life. The conveyance created a life estate rather than a fee simple because the words measured the interest by a human life.
Lease Language Creates Periodic Tenancy
Lotus Pharmaceuticals signed an unwritten lease with Lakewood Manufacturing for warehouse space. Lakewood took possession and paid monthly rent that Lakewood accepted. The language of the parties' conduct created a month-to-month periodic tenancy under the statute of frauds exception.
Common questions
Frequently Asked
6
How does the language of a deed affect enforcement of contract promises after closing?+
The language of the deed becomes the sole measure of the grantor's obligations once the buyer accepts the deed. Promises not reflected in that language are discharged unless they fall within an exception such as fraud or collateral agreements.
When does the language of a statement qualify for the state-of-mind hearsay exception?+
The language must express the declarant's then-existing intent, plan, or physical condition. Statements of memory or belief offered to prove the fact remembered are excluded unless they concern the terms of the declarant's will.
What specific language must appear in a corporate name under the Model Act?
+
The language must include corporation, incorporated, company, limited, or an approved abbreviation such as corp., inc., co., or ltd. Words or abbreviations of like import in another language are also permitted.
What must the language of a lawyer-client business transaction disclosure contain?+
The language must state that the transaction and its terms are fair and reasonable to the client and must be transmitted in writing in a manner reasonably understandable by the client.
How does deed language determine whether an estate is measured by a human life?+
The language must specifically describe the duration in terms of the life or lives of one or more human beings and must not be terminable at a fixed or computable period.
When does conduct plus rent payment create a periodic tenancy despite invalid lease language?+
Possession taken together with rent paid and accepted under the lease terms creates a periodic tenancy with all lease terms except duration, even if the original lease language failed the statute of frauds.
in Plessy v. Ferguson contrary to this finding is rejected.[^maj-10] We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate…
would be that the compensation should be the equivalent of the property. And this is made emphatic by the adjective ‘just.’ There can, in view of the combination of those two words, be no…
what seems really to have been a distinction in the substantive law of property under a system quite unlike our own. Buckland and McNair, Roman Law and Common Law , 66; Burdick,…
language
of 28 U. S. C. § 1331(a), which grants jurisdiction to federal district courts in cases “arising under the Constitution, laws, or treaties of the United States.” First, the question of…
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