Sunday, March 20, 2005

Legal Lingo

This in ContractProf Blog:
A plaintiff who demanded and accepted a specific amount as due him from a breach had entered into an accord and satisfaction.

Huh? So I looked up accord and satisfaction in my Merriam Webster's Dictionary of Law:
Satisfaction:
execution of an accord by performance of the substituted obligation —often used in the phrase accord and satisfaction

And also found this:

Accord:
an accepted offer by which the parties agree that a specified future performance will discharge in full an obligation when performed even though the performance is of less value than the original obligation; also : the defense that an accord was agreed upon —usu. used in the phrase accord and satisfaction;


Other tidbits from Jones Day's Business Restructuring Review:

Stamp taxes are commonly imposed under state or local law in connection with the transfer of real or personal property.

(Last I checked, them was fighting words.)

... the bankruptcy court's ability to exempt from taxation the subject transaction ...

... administrative insolvency, or the absence of sufficient estate assets to pay administrative claims ...

... bankruptcy trustees, chapter 11 debtors-in-possession ...

... a request for action by a party-in-interest ...

... to work out a consensual plan ... to work out a consensual resolution ...

... "ancillary" bankruptcy proceedings ... (in which) a duly appointed representative of a foreign company that is the subject of a bankruptcy or insolvency proceeding abroad may commence a limited bankruptcy case in the U.S. for the purpose of protecting and, where appropriate, repatriating that debtor's assets to the host country.

2 comments:

Anonymous said...

And in German, "accord and satisfaction" would be "vergleichsweise Erfüllung".

Trench Warrior said...

Hmmm. I would have put five bucks down on "Leistung an Erfüllungs statt".

So what's the difference between the two? I'm on vacation this week, so I've banned my dictionaries to a closet.