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Legal Term Dictionary

Search our free database of thousands of legal terms. The easiest-to-read, most user-friendly guide to legal terms.This dictionary is from the early 20th century and is not to be construed as legal advice.

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UNDERSTOOD
The phrase "it is understood," when employed as a word of contract in a written agreement, has the same force as the words "it Is agreed." Higgin-son v. Weld, 14 Gray (Mass.) 165.

The phrase "it is understood," when employed as a word of contract in a written agreement, has the same force as the words "it Is agreed." Higgin-son v. Weld, 14 Gray (Mass.) 165. Less...
UNDERTAKING
A promise, engager ment, or stipulation. Each of the promises made by the parties to a contract, considered independently and not as mutual, may. in this sense, be denominated an "undertaking." "Undertaking" is frequently used in the special sense of a promise given in the course of legal proceedings by More...

A promise, engager ment, or stipulation. Each of the promises made by the parties to a contract, considered independently and not as mutual, may. in this sense, be denominated an "undertaking." "Undertaking" is frequently used in the special sense of a promise given in the course of legal proceedings by a party or his counsel, generally as a condition to obtaining some concession from the court or the oppo¬site party. Sweet. Less...
UNDERTOOK
Agreed; assumed. This is the technical word to be used in alleging the promise which forms the basis of an action of assumpsit.

Agreed; assumed. This is the technical word to be used in alleging the promise which forms the basis of an action of assumpsit. Less...
UNDERWRITER
The person who insures another in a fire or life policy; the in¬surer. See Childs v. Firemen's Ins. Co., 66 Minn. 393, 69 N. W. 141, 35 L. R. A. 99. A person who joins with others in enter¬ing into a marine policy of insurance as insurer.

The person who insures another in a fire or life policy; the in¬surer. See Childs v. Firemen's Ins. Co., 66 Minn. 393, 69 N. W. 141, 35 L. R. A. 99. A person who joins with others in enter¬ing into a marine policy of insurance as insurer. Less...
UNDIVIDED
An undivided' right or title, or a title to an undivided portion of ah estate, is that owned by one of two or more tenants in common or joint tenants before partition.

An undivided' right or title, or a title to an undivided portion of ah estate, is that owned by one of two or more tenants in common or joint tenants before partition. Less...
UNDRES
In old English law. Minors or persons under age not capable of bearing arms. Fleta, 1. 1, c 9; Cowell.

In old English law. Minors or persons under age not capable of bearing arms. Fleta, 1. 1, c 9; Cowell. Less...
UNDUE INFLUENCE
In regard to tbe making of a will and other such matters, undue influence is persuasion carried to the point of overpowering the will, or such a control over the person in question as pre-vents him from acting intelligently, understanding^, and voluntarily, and in effect de-stroys his free agency, and More...

In regard to tbe making of a will and other such matters, undue influence is persuasion carried to the point of overpowering the will, or such a control over the person in question as pre-vents him from acting intelligently, understanding^, and voluntarily, and in effect de-stroys his free agency, and constrains him to do what he would not have done if such control had not been exercised. See Mitchell v. Mitchell, 43 Minn. 73, 44 N. W. 885; Ben-nett v. Bennett, 50 N. J. Eq. 439, 20 Atl. 573; Francis v. Wilkinson, 147 111. 370, 35 N. E. 150; Oonley v. Nailer, 118 U. S. 127, 6 Sup. Ct 1001, 30 L. Ed. 112; Marx v. Mc-Glynn, 88 N. Y. 370; In re Logan's Estate, 195 Pa. 282, 45 Ati. 729; Mooney v. Olsen, 22 , Kan. 79; In re Black's Estate, Myr. Prob. (Cal.) 31. Undue influence consists (1) in the use, by one in whom a confidence .is reposed by another, or who holds a real or apparent au-thority over him, of such confidence or au-thoriry, for the purpose of obtaining an unfair advantage over him; (2) in taking an ufifair advantage of another's weakness of mind; or (3) in taking a grossly oppressive and unfair advantage of another's necessities or distress. Civ. Code Dak. | 886 Undue influence at elections is where any one Interferes with the free exercise of a voter's franchise, by violence, intimidation, or otherwise. It is a misdemeanor. 1 Buss. Crimes, 321; Steph. Crim. Dig. 79. Less...
UNFAIR COMPETITION
A term which may be applied generally to all dishonest or fraudulent rivalry in trade and commerce, but is particularly applied in the courts of equity (where it may be restrained by Injunction) to the practice of endeavoring to substitute one's own goods or products in the markets for those More...

A term which may be applied generally to all dishonest or fraudulent rivalry in trade and commerce, but is particularly applied in the courts of equity (where it may be restrained by Injunction) to the practice of endeavoring to substitute one's own goods or products in the markets for those of another, having an established refutation and extensive sale, by means of Imitating or counterfeiting the name, title, size, shape, or distinctive peculiarities of the article, or the shape, color, label, wrapper, or general appearance of the package, or other such simulations, the imitation being carried far enough to mislead the general public or deceive an unwary purchaser, and yet not amounting to an absolute counterfeit or to the in-fringement of a trade-mark or trade name. Called in France and Germany "concurrence deloyale." See Reddaway v. Bau-ham, [18961 App. Cas. 199; Singer Mfg. Co. t. June Mfg. Co., 163 U. S. 169, 16 Sup. Ct 100&, 41 L. Ed. 118; Dennlson Mfg. Cd. >. Thomas Mfg. Co. (C. C.) 94 Fed. 651; Sinn mons Medicine Co. v. Mansfield Drug Co.; 93 Tenn. 84, 23 S. W. 165; Cornelius v; Fer¬guson, 17 S. D. 481, 97 N. W. 890; Sterling Remedy Co. v. Eureka Chemical Co., 80 Fed,! 108. 25 C. C. A. 314 ; T. B. Dunn Co. v. Trix': Mfg. Co., 50 App. Div. 75, 63 N. Y. Supp. 333. Less...
UNGELD
In Saxon law. An outlaw; a person whose murder required no compo-sition to be made, or voeregeld to be paid, by his slayer.

In Saxon law. An outlaw; a person whose murder required no compo-sition to be made, or voeregeld to be paid, by his slayer. Less...
UNICA TAXATIO
The obsolete language of a special award of venire, where, of several defendants, one pleads, and one lets judgment go by default, whereby the Jury, who are to try and assess damages on the issue, are also to assess damages against the defendant suffering judgment by default. Wharton.

The obsolete language of a special award of venire, where, of several defendants, one pleads, and one lets judgment go by default, whereby the Jury, who are to try and assess damages on the issue, are also to assess damages against the defendant suffering judgment by default. Wharton. Less...

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