Appendix A. Key Legal English Terminology

• Author: Kevin J. Fandl
• Profession: Director of the Global Legal Education Institute
• Pages: 117-123

Appendix A

Key Legal English

Terminology

Acceptance—the assent of the offeree, either express or implied

through conduct, to be bound by the conditions of the offer,

thereby forming a binding contract.

Anticipatory repudiation—clear conduct or words made by one party

to a contract to the other party in the contract indicating unwill-

ingness or inability to complete its contractual obligations. This

act gives the non-breaching party an immediate right to declare

the other party in material breach and to seek damages.

Appellate court—a court standing superior to a trial court and avail-

able to hear claims of error in law or procedure made by the

lower court. Appellate courts do not usually litigate the facts in

a dispute.

Bargained-for exchange—the process of one party agreeing to a

detriment in exchange for a promise of some benefit to be pro-

vided by the other party. Generally equivalent to consideration.

Bilateral contract—a promise to perform made in exchange for an-

other promise to perform. E.g., party X promises to pay $50 to

party Y and party Y promises to deliver 10 widgets to party X.

Cause of action—a legal claim or right providing the basis for a

lawsuit.

117