ENVOY

In international law. A public minister of the second class, ranking next afteran ambassador.Envoys are either ordinary or extraordinary ; by custom the latter is held in greaterconsideration.

Categories: E

ENTIRE AND SEVERABLE

An entire contract is one the consideration of which is entire on both sides. The entire fulfillment of the promise by either is a condition precedent to the fulfillment of any part of the promise by the other. Whenever, therefore, there is a contract to pay the gross sum for a certain and definite consideration,… Continue Reading ENTIRE AND SEVERABLE

Categories: E

ENTIRETY

The whole, in contradistinction to, a moiety or part only. When land isconveyed to husband and wife, they do not take by moieties, but both are seised of theentirety. 2 Kent, Comm. 132; 4 Kent, Comm. 302. Parceners, on the other hand, havenot an entirety of interest, but each is properly entitled to the whole… Continue Reading ENTIRETY

Categories: E

EMPRESARIOS

In Mexican law. Undertakers or promoters of extensive enterprises,aided by concessions or monopolistic grants from government; particularly, personsreceiving extensive land grants in consideration of their bringing emigrants into thecountry and settling them on the lands, with a view of increasing the population anddeveloping the resources of the country. U. S. v. Maxwell Land-Grant Co., 121… Continue Reading EMPRESARIOS

Categories: E

ELLWOOD TABLES

Developed by L.W. Ellwood/ Real estate capitalization rate tables. Takes into account associated risks as well as the expected annual and resale cash flows under consideration. Used to estimate net income present value from cash flow streams from a mortgaged property being appraised. See also Ellwood technique.

Categories: E

DUTY OF CARE

A legal requirement in certain systems where the BOARD OF DIRECTORS and executives must make informed decisions in discharging their FIDUCIARY responsibilities. An informed decision is generally based on gathering all relevant facts and material, giving such information due consideration, and then making a decision. A breach of duty of care can lead to legal… Continue Reading DUTY OF CARE

Categories: D

DUE REGARD

This means to give a fair consideration to and give sufficient attention to all of the facts.

Categories: D

DOUBT

Uncertainty of mind; the absence of a settled opinion or conviction; theattitude of mind towards the acceptance of or belief in a proposition, theory, orstatement, in which the judgment is not at rest but inclines alternately to either side.Rowe v. Baber, 93 Ala. 422, 8 South. 865; Smith v. Railway Co., 143 Mo. 33, 44… Continue Reading DOUBT

Categories: D

DONATIO

Lat A gift. A transfer of the title to property to ODe who receives Itwithout paying for it Vicat. The act by which the owner of a thing voluntarily transfersthe title and possession of the same from himself to another person, without any consideration.Its literal translation, “gift” has acquired in real law a more limited… Continue Reading DONATIO

Categories: D

DO UT DES

Lat. I give that you may give; I give [you] that you may give [me.] A formula in the civil law, constituting a general division under which those contracts(termed ÒinnominateÓ) were classed in which something was given by one party as a consideration for something given by the other. Dig. 19, 4; Id. 19, 5,… Continue Reading DO UT DES

Categories: D