cancellation of an instrument


cancellation of an instrument
An equitable remedy by which a court relieves both parties to a legal document of their obligations under it due to fraud, duress, or other grounds.

Dictionary from West's Encyclopedia of American Law. 2005.


cancellation of an instrument
An equitable remedy by which a court relieves both parties to a legal document of their obligations under it due to fraud, duress, or other grounds.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

Look at other dictionaries:

  • Cancellation of Debt (COD) Income — Part of a series on Taxation Taxation in the United States …   Wikipedia

  • cancellation — To destroy the force, effectiveness, or validity of. To annul, abrogate, or terminate. Defacement or mutilation of instrument. Words of revocation written across instrument. A means whereby a holder discharges a party s liability on an instrument …   Black's law dictionary

  • cancellation — To destroy the force, effectiveness, or validity of. To annul, abrogate, or terminate. Defacement or mutilation of instrument. Words of revocation written across instrument. A means whereby a holder discharges a party s liability on an instrument …   Black's law dictionary

  • cancellation — An erasure, blotting out, striking out, or crossing out of some portion of a written instrument. Dowling v Gilliland, 286 111 530, 122 NE 70, 3 A T,R 829; the nullification of a contract by agreement of the parties or by one of the parties under… …   Ballentine's law dictionary

  • bill for cancellation — A bill in equity for the cancellation of a written instrument …   Ballentine's law dictionary

  • mistake of fact — An active mistake, consisting in the belief of existence of a matter or thing which is nonexistent, or vice versa, or a passive mistake, consisting of unconsciousness, ignorance, or forgetfulness of a fact material to the transaction. Kowalke v… …   Ballentine's law dictionary

  • he who seeks equity must do equity — A maxim of equity. 27 Am J2d Eq §§ 131 et seq. A condition of injunctive relief. 28 Am J Rev ed Inj § 34. A maxim which requires one who seeks the cancellation of an instrument to restore to the defendant the position occupied by the latter… …   Ballentine's law dictionary

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  • discharge — dis·charge 1 /dis chärj, dis ˌchärj/ vt 1: to release from an obligation: as a: to relieve of a duty under an instrument (as a contract or a negotiable instrument); also: to render (an instrument) no longer enforceable a formal instrument...may… …   Law dictionary