parties 音标拼音: [p'ɑrtiz]
n . 每一方
每一方
Party \
Par "
ty \ (
p [
aum ]
r "
t [
y ^]),
n .;
pl . {
Parties }
(
p [
aum ]
r "
t [
i ^]
z ). [
F .
parti and partie ,
fr .
F .
partir to part ,
divide ,
L .
partire ,
partiri .
See {
Part },
v .]
1 .
A part or portion . [
Obs .] "
The most party of the time ."
--
Chaucer .
[
1913 Webster ]
2 .
A number of persons united in opinion or action ,
as distinguished from ,
or opposed to ,
the rest of a community or association ;
esp .,
one of the parts into which a people is divided on questions of public policy .
[
1913 Webster ]
Win the noble Brutus to our party . --
Shak .
[
1913 Webster ]
The peace both parties want is like to last .
--
Dryden .
[
1913 Webster ]
3 .
A part of a larger body of company ;
a detachment ;
especially (
Mil .),
a small body of troops dispatched on special service .
[
1913 Webster ]
4 .
A number of persons invited to a social entertainment ;
a select company ;
as ,
a dinner party ;
also ,
the entertainment itself ;
as ,
to give a party .
[
1913 Webster ]
5 .
One concerned or interested in an affair ;
one who takes part with others ;
a participator ;
as ,
he was a party to the plot ;
a party to the contract .
[
1913 Webster ]
6 .
The plaintiff or the defendant in a lawsuit ,
whether an individual ,
a firm ,
or corporation ;
a litigant .
[
1913 Webster ]
The cause of both parties shall come before the judges . --
Ex .
xxii .
9 .
[
1913 Webster ]
7 .
Hence ,
any certain person who is regarded as being opposed or antagonistic to another .
[
1913 Webster ]
If the jury found that the party slain was of English race ,
it had been adjudged felony . --
Sir J .
Davies .
[
1913 Webster ]
8 .
Cause ;
side ;
interest .
[
1913 Webster ]
Have you nothing said Upon this Party '
gainst the Duke of Albany ? --
Shak .
[
1913 Webster ]
9 .
A person ;
as ,
he is a queer party . [
Now accounted a vulgarism .]
[
1913 Webster ]
Note : "
For several generations ,
our ancestors largely employed party for person ;
but this use of the word ,
when it appeared to be reviving ,
happened to strike ,
more particularly ,
the fancy of the vulgar ;
and the consequence has been ,
that the polite have chosen to leave it in their undisputed possession ." --
Fitzed .
Hall .
[
1913 Webster ]
{
Party jury } (
Law ),
a jury composed of different parties ,
as one which is half natives and half foreigners .
{
Party man },
a partisan . --
Swift .
{
Party spirit },
a factious and unreasonable temper ,
not uncommonly shown by party men . --
Whately .
{
Party verdict },
a joint verdict . --
Shak .
{
Party wall }.
(
a ) (
Arch .)
A wall built upon the dividing line between two adjoining properties ,
usually having half its thickness on each property .
(
b ) (
Law )
A wall that separates adjoining houses ,
as in a block or row .
[
1913 Webster ]
PARTIES ,
contracts .
Those persons who engage themselves to do ,
or not to do the matters and things contained in an agreement .
2 .
All persons generally can be parties to contracts ,
unless they labor under some disability .
3 .
Consent being essential to all valid contracts ,
it follows that persons who want ,
first ,
understanding ;
or secondly ,
freedom to exercise their will ,
cannot be parties to contracts .
Thirdly ,
persons who in consequence of their situation are incapable to enter into some particular contract .
These will be separately considered .
4 .-
Sec .
1 .
Those persons who want understanding ,
are idiots and lunatics ;
drunkards and infants ,
5 .-
1 .
The contracts of idiots and lunatics ,
are riot binding ;
as they are unable from mental infirmity ,
to form any accurate judgment of their actions ;
and consequently ,
cannot give a serious and sufficient consideration to any engagement .
And although it was formerly a rule that the party could not stultify himself ;
39 H .
VI .
42 ;
Newl .
Contr .
19 1 Fonb .
Eq .
46 ,
7 ;
yet this rule has been so relaxed ,
that the defendant may now set up this defence .
3 Camp .
128 ;
2 Atk .
412 ;
1 Fonb .
Eq .
n .
d .;
and see Highm .
on Lun .
111 ,
112 ;
Long on Sales ,
14 ;
3 Day '
s Rep .
90 Chit .
on Contr .
29 ,
257 ,
8 ;
2 Str .
1104 .
6 .-
2 .
A person in a state of complete intoxication has no agreeing mind ;
Bull .
N .
P .
172 ;
3 Campb .
33 ;
Sugd .
Vend .
154 Stark .
Rep .
126 ;
and his contracts are therefore void ,
particularly if he has been made intoxicated by the other party .
1 Hen . &
Munf .
69 ;
1 South .
Rep .
361 ;
2 Hayw .
394 ;
see Louis .
Code ,
art .
1781 ;
1 Clarke '
s R .
408 .
7 .-
3 .
In general the contract of an infant ,
however fair and conducive to his interest it may be ,
is not binding on him ,
unless the supply of necessaries to him be the object of the agreement ;
Newl .
Contr .
2 ;
1 Eq .
Cas .
Ab .
286 ;
l Atk .
489 ;
3 Atk .
613 ;
or unless he confirm the agreement after he shall be of full age .
Bac .
Abr .
Infancy ;
I 3 .
But he may take advantage of contracts made with him ,
although the consideration were merely the infant '
s promise ,
as in an action on mutual promises to marry .
Bull .
N .
P .
155 ;
2 Str .
907 ;
1 Marsh . (
Ken .)
Rep .
76 ;
2 M . &
S .
205 .
See Stark .
Ev .
pt .
iv .
page 724 ;
1 Nott &
McCord ,
197 ;
6 Cranch ,
226 ;
Com .
Dig .
Infant ;
Bac .
Abr .
Infancy and Age ;
9 Vin .
Ab .
393 ,
4 ;
Fonb .
Eq .
b .
1 c .
2 ;
Sec .
4 ,
note b ;
3 Burr .
1794 ;
1 Mod .
25 ;
Str .
937 ;
Louis .
Code ,
article 1778 .
8 .-
Sec .
2 .
Persons who have understanding ,
who ,
in law ,
have not freedom to exercise their will ,
are married women ;
and persons under duress .
9 .-
1 .
A married woman has ,
in general ,
no power or capacity to contract during the coverture .
Com .
Dig .
Baron &
Feme ,
W ;
Pleader ,
2 A 1 .
She has in legal contemplation no separate existence ,
her husband and herself being in law but one person .
Litt .
section 28 ;
see Chitty on Cont .
39 ,
40 .
But a contract made with a married woman ,
and for her benefit ,
where she is the meritorious cause of action ,
as in the instance of an express promise to the wife ,
in consideration of her personal labor ,
as that she would cure a wound ;
Cro .
Jac .
77 ;
2 Sid .
128 ;
2 Wils .
424 ;
or of a bond or promissory note ,
payable on the face thereof to her ,
or to herself and husband ,
may be enforced by the husband and wife ,
though made during the coverture .
2 M . &
S .
396 ,
n .
b .;
2 Bl .
Rep .
1236 ;
1 H .
Black .
108 .
A married woman has no original power or Authority by virtue of the marital tie ,
to bind her husband by any of her contracts .
The liability of a husband on his wife '
s engagements rests on the idea that they were formed by his authority ;
and if his assent do not appear by express evidence or by proof of circumstances from which it may reasonably ,
be inferred ,
he is not liable .
1 Mod .
125 ;
3 B . &
C .
631 ;
see Chitty on Cont .
39 to 50 .
10 .-
2 .
Contracts may be avoided on account of duress .
See that word ,
and also Poth .
Obl .
P .
1 ,
c .
1 ,
s .
1 ,
art .
3 ,
Sec .
2 .
11 .-
Sec .
3 .
Trustees ,
executors ,
administrators ,
guardians ,
and all other ,
persons who make a contract for and on behalf of others ,
cannot become ,
parties to such contract on their own .
account ;
nor are they allowed in any case to purchase the trust estate for themselves .
1 Vern .
465 ;
2 Atk .
59 ;
10 Ves .
3 ;
9 Ves .
234 ;
12 Ves .
372 ,
3 Mer .
Rep .
200 ;
6 Ves .
627 ;
8 Bro .
P .
C .
42 10 Ves .
381 ;
5 Ves .
707 ;
13 Ves .
156 ;
1 Pet .
C .
C .
R .
373 ;
3 Binn .
54 ;
2 Whart .
53 ;
7 Watts ,
387 ;
13 S . &
R ,
210 ;
5 Watts ,
304 ;
2 Bro .
C .
C .
400 ;
White '
s L .
C .
in Eq . *
104 -
117 ;
9 Paige ,
238 ,
241 ,
650 ,
663 ;
1 Sandf .
R .
251 ,
256 ;
3 Sandf .
R .
61 ;
2 John .
Ch .
R .
252 ;
4 How .
S .
C .
503 ;
2 Whart .
53 ,
63 ;
l5 Pick .
24 ,
31 .
As to the transactions between attorneys and others in relation to client '
s property ,
see 2 Ves .
jr .
201 ;
1 Madd .
Ch .
114 ;
15 Ves .
42 ;
1 Ves .
379 ;
2 Ves .
259 .
The contracts of alien enemies may in ,
general be avoided ,
except when made under the license of the government ,
either express or implied .
1 Kent ,
Com .
104 .
See 15 John .
6 ;
Dougl .
641 .
As to the persons who make contracts in equity ,
see Newl .
Cont .
c .
1 ,
pp .
l to 33 .
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