{"id":8306,"date":"2017-11-18T15:48:31","date_gmt":"2017-11-18T15:48:31","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=8306"},"modified":"2017-11-18T15:48:31","modified_gmt":"2017-11-18T15:48:31","slug":"contract-of-record-declared-by-a-court-and-entered-into-the-courts-record-not-a-true-contract","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=8306","title":{"rendered":"Contract of Record – declared by a court and entered into the court\u2019s record (not a true contract)"},"content":{"rendered":"
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contract of record<\/span>:<\/span><\/strong>
\n(1855)<\/span><\/p>\n

1. A contract that is declared by a court and entered into the court\u2019s record.\u00a0 *\u00a0 Contracts of record include judgments, recognizances, and (in England) statutes staple.<\/strong> [1]<\/span><\/p>\n

\u00a0 \u00a0 Excerpt from Stewart Rapalje & Robert L. Lawrence’s\u00a0A Dictionary of American and English Law<\/em><\/a>\u00a0(1883): <\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0“Contracts of record are not really contracts at all, but are transactions which, being entered on the records of certain courts called \u2018courts of record,\u2019 are conclusive proof of the facts thereby appearing, and could formerly be enforced by action of law as if they had been put in the shape of a contract.<\/span>\u201d<\/strong> [2]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from P.S. Atiyah’s\u00a0An Introduction to the Law of Contract<\/em><\/a>\u00a0(30\u00a0ed. 1981):<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0“A contract of record is in point of fact no contract at all, and has nothing whatever to do with the law of contracts.\u00a0\u00a0<\/span><\/span>These so-called contracts are the obligations incurred by a judgment or recognizance of a Court of Record. They come to be called contracts only because they were enforceable by the same type of action as was used for genuinely con<\/span><\/strong>tractual cases in the old common law system of procedure.<\/span>“<\/strong> [3]<\/span><\/p>\n<\/div>\n<\/div>\n

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References:<\/span><\/span><\/strong><\/p>\n

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[1]: Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe Tenth Edition<\/b><\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2]:\u00a01 Stewart Rapalje & Robert L. Lawrence, A Dictionary of American and English Law<\/em><\/a> 282 (1883).<\/span><\/strong><\/p>\n

[3]:\u00a0P.S. Atiyah, An Introduction to the Law of Contract<\/em><\/a> 31 (30\u00a0ed. 1981).<\/span><\/strong><\/p>\n

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