Middle English refreyn, from Middle French refrain, change from Old French refrait melody, response, from past participle from refraindre to rupture, moderate, from vulgar Latin *refrangere, change of Latin refringere — more under refractory Look for legal acronyms and/or abbreviations containing refrains in the dictionary of legal abbreviations and acronyms. You might be interested in the historical significance of this term. Browse or search for the historical law refrain in the Encyclopedia of Law. For contract purposes, you`d probably have a hard time arguing that the chorus expresses anything other than a complete prohibition. But why risk having this discussion? When reviewing a contract, I would not hesitate to change that I should refrain from doing so, and that is what I told the reader who asked the question. Have you ever seen or written about a negative covenant written as “will abstain” instead of “must not”? I see it today in a confidentiality agreement of another party. It gives me some heartburn that the other party is forced to simply “not disclose” our client`s confidential information. The dictionary.com definition of the chorus is “refraining from an impulse to say or do something.” It seems a bit sweet, a little too much like trying. Am I being petty if I mark this and send it back? When someone asks you to refrain from doing something, it means they are relying on your self-control.
It is used in social contexts – Please refrain from arguing with your uncle Roger. The consequences of not omitting a certain action in a social context are likely to depend exactly on the context and may be limited to a slight disappointment. 1) n. any instruction or warrant from a judge or court that is not a judgment or legal opinion (although both may contain an order) ordering that something be done or that there be a prohibition to act. This can range from an order to have a case heard on a specific date to an order to execute a convicted defendant in a state prison. (2) v. for a judge to order a party to do or refrain from doing a particular act in court, or to order an officer or clerk (such as a sheriff) to take certain actions such as forfeiture of property or arrest of an AWOL defendant. A quick definition of Desist And Chorus: Stop doing what you`re doing and not doing it again in the future. In some states, the Real Estate Commissioner has the power to issue and refrain from issuing a cease and desist order if real estate laws are violated. And there is no downside to omitting contract waiver. Because treaties are there to articulate rules and have no voice, they are not the place of Namby-pamby veneration as evidenced by the chorus.
I recently received the following email from a reader warning me of this: You also see that the chorus is used in less intimate contexts when it`s up to the speaker to be polite – when someone gives instructions to customers, for example. In this context, lack of self-control can have unpleasant consequences. If a flight attendant asks you to quit smoking and you do it anyway, you can expect a much stronger response than a mild disappointment. 1) n. a firm agreement to take action, not to act, or to make payment or delivery. In contract law, when the parties exchange promises, each promise is a “quid pro quo” (an element of value) for the other promise. The non-performance of a promise in a contract is a breach of contract for which the other party can bring an action for performance and/or damages. 2) v. to enter into a binding agreement, to act, not to act or to make a payment or delivery. Pinsky, Rankine, Harjo and others discuss words they like, browse or search for choruses in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law. This is a summary of an upcoming entry in the Encyclopedia of Law.
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