That which is susceptible of being divided. Divisible contract. One which is in its nature and purposes susceptible of division and apportionment, having two or more parts in respect to matters ana things contemplated and embraced by it, not necessarily dependent on each other nor intended by the parties so to be. Horseman v. Horseman, 43 Or. 83, 72 Pac. 698. … [Read more...]
DO UT DES
Latin: 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 "innominate") 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, 5; 2 Bl. Comm. 444. … [Read more...]
DIVISIBLE CONTRACT
One which is in its nature and purposes susceptible of division and apportionment having two or more parts in respect to matters and things contemplated and embraced by it not necessarily dependent on each other nor intended by the parties so to be. … [Read more...]
DO UT FACIAS
Latin: I give that you may do; I give [you] that you may do or make [for me.] A formula in the civil law, under which those contracts were classed in which one party gave or agreed to give money, in consideration the other party did or performed certain work. Dig. 19, 5, 5; 2 Bl. Comm. 444. In this and the foregoing phrase, the conjunction "ut" is not to be taken as the … [Read more...]
DIVISIM
In old English law. Severally; separately. Bract, fol. 47. … [Read more...]