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parties    音標拼音: [p'ɑrtiz]
n. 每一方

每一方

Party \Par"ty\ (p[aum]r"t[y^]), n.; pl. {Parties}
(p[aum]r"t[i^]z). [F. parti and partie, fr. F. partir to
part, divide, L. partire, partiri. See {Part}, v.]
1. A part or portion. [Obs.] "The most party of the time."
--Chaucer.
[1913 Webster]

2. A number of persons united in opinion or action, as
distinguished from, or opposed to, the rest of a community
or association; esp., one of the parts into which a people
is divided on questions of public policy.
[1913 Webster]

Win the noble Brutus to our party. --Shak.
[1913 Webster]

The peace both parties want is like to last.
--Dryden.
[1913 Webster]

3. A part of a larger body of company; a detachment;
especially (Mil.), a small body of troops dispatched on
special service.
[1913 Webster]

4. A number of persons invited to a social entertainment; a
select company; as, a dinner party; also, the
entertainment itself; as, to give a party.
[1913 Webster]

5. One concerned or interested in an affair; one who takes
part with others; a participator; as, he was a party to
the plot; a party to the contract.
[1913 Webster]

6. The plaintiff or the defendant in a lawsuit, whether an
individual, a firm, or corporation; a litigant.
[1913 Webster]

The cause of both parties shall come before the
judges. --Ex. xxii. 9.
[1913 Webster]

7. Hence, any certain person who is regarded as being opposed
or antagonistic to another.
[1913 Webster]

If the jury found that the party slain was of
English race, it had been adjudged felony. --Sir J.
Davies.
[1913 Webster]

8. Cause; side; interest.
[1913 Webster]

Have you nothing said
Upon this Party 'gainst the Duke of Albany? --Shak.
[1913 Webster]

9. A person; as, he is a queer party. [Now accounted a
vulgarism.]
[1913 Webster]

Note: "For several generations, our ancestors largely
employed party for person; but this use of the word,
when it appeared to be reviving, happened to strike,
more particularly, the fancy of the vulgar; and the
consequence has been, that the polite have chosen to
leave it in their undisputed possession." --Fitzed.
Hall.
[1913 Webster]

{Party jury} (Law), a jury composed of different parties, as
one which is half natives and half foreigners.

{Party man}, a partisan. --Swift.

{Party spirit}, a factious and unreasonable temper, not
uncommonly shown by party men. --Whately.

{Party verdict}, a joint verdict. --Shak.

{Party wall}.
(a) (Arch.) A wall built upon the dividing line between
two adjoining properties, usually having half its
thickness on each property.
(b) (Law) A wall that separates adjoining houses, as in a
block or row.
[1913 Webster]

PARTIES, contracts. Those persons who engage themselves to do, or not to do
the matters and things contained in an agreement.
2. All persons generally can be parties to contracts, unless they labor
under some disability.
3. Consent being essential to all valid contracts, it follows that
persons who want, first, understanding; or secondly, freedom to exercise
their will, cannot be parties to contracts. Thirdly, persons who in
consequence of their situation are incapable to enter into some particular
contract. These will be separately considered.
4.-Sec. 1. Those persons who want understanding, are idiots and
lunatics; drunkards and infants,
5.-1. The contracts of idiots and lunatics, are riot binding; as they
are unable from mental infirmity, to form any accurate judgment of their
actions; and consequently, cannot give a serious and sufficient
consideration to any engagement. And although it was formerly a rule that
the party could not stultify himself; 39 H. VI. 42; Newl. Contr. 19 1 Fonb.
Eq. 46, 7; yet this rule has been so relaxed, that the defendant may now set
up this defence. 3 Camp. 128; 2 Atk. 412; 1 Fonb. Eq. n. d.; and see Highm.
on Lun. 111, 112; Long on Sales, 14; 3 Day's Rep. 90 Chit. on Contr. 29,
257, 8; 2 Str. 1104.
6.-2. A person in a state of complete intoxication has no agreeing
mind; Bull. N. P. 172; 3 Campb. 33; Sugd. Vend. 154 Stark. Rep. 126; and his
contracts are therefore void, particularly if he has been made intoxicated
by the other party. 1 Hen. & Munf. 69; 1 South. Rep. 361; 2 Hayw. 394; see
Louis. Code, art. 1781; 1 Clarke's R. 408.
7.-3. In general the contract of an infant, however fair and
conducive to his interest it may be, is not binding on him, unless the
supply of necessaries to him be the object of the agreement; Newl. Contr. 2;
1 Eq. Cas. Ab. 286; l Atk. 489; 3 Atk. 613; or unless he confirm the
agreement after he shall be of full age. Bac. Abr. Infancy; I 3. But he may
take advantage of contracts made with him, although the consideration were
merely the infant's promise, as in an action on mutual promises to marry.
Bull. N. P. 155; 2 Str. 907; 1 Marsh. (Ken.) Rep. 76; 2 M. & S. 205. See
Stark. Ev. pt. iv. page 724; 1 Nott & McCord, 197; 6 Cranch, 226; Com. Dig.
Infant; Bac. Abr. Infancy and Age; 9 Vin. Ab. 393, 4; Fonb. Eq. b. 1 c. 2;
Sec. 4, note b; 3 Burr. 1794; 1 Mod. 25; Str. 937; Louis. Code, article
1778.
8.-Sec. 2. Persons who have understanding, who, in law, have not
freedom to exercise their will, are married women; and persons under duress.
9.-1. A married woman has, in general, no power or capacity to
contract during the coverture. Com. Dig. Baron & Feme, W; Pleader, 2 A 1.
She has in legal contemplation no separate existence, her husband and
herself being in law but one person. Litt. section 28; see Chitty on Cont.
39, 40. But a contract made with a married woman, and for her benefit, where
she is the meritorious cause of action, as in the instance of an express
promise to the wife, in consideration of her personal labor, as that she
would cure a wound; Cro. Jac. 77; 2 Sid. 128; 2 Wils. 424; or of a bond or
promissory note, payable on the face thereof to her, or to herself and
husband, may be enforced by the husband and wife, though made during the
coverture. 2 M. & S. 396, n. b.; 2 Bl. Rep. 1236; 1 H. Black. 108. A married
woman has no original power or Authority by virtue of the marital tie, to
bind her husband by any of her contracts. The liability of a husband on his
wife's engagements rests on the idea that they were formed by his authority;
and if his assent do not appear by express evidence or by proof of
circumstances from which it may reasonably, be inferred, he is not liable. 1
Mod. 125; 3 B. & C. 631; see Chitty on Cont. 39 to 50.
10.-2. Contracts may be avoided on account of duress. See that word,
and also Poth. Obl. P. 1, c. 1, s. 1, art. 3, Sec. 2.
11.-Sec. 3. Trustees, executors, administrators, guardians, and all
other, persons who make a contract for and on behalf of others, cannot
become, parties to such contract on their own. account; nor are they allowed
in any case to purchase the trust estate for themselves. 1 Vern. 465; 2 Atk.
59; 10 Ves. 3; 9 Ves. 234; 12 Ves. 372, 3 Mer. Rep. 200; 6 Ves. 627; 8 Bro.
P. C. 42 10 Ves. 381; 5 Ves. 707; 13 Ves. 156; 1 Pet. C. C. R. 373; 3 Binn.
54; 2 Whart. 53; 7 Watts, 387; 13 S. & R, 210; 5 Watts, 304; 2 Bro. C. C.
400; White's L. C. in Eq. *104-117; 9 Paige, 238, 241, 650, 663; 1 Sandf. R.
251, 256; 3 Sandf. R. 61; 2 John. Ch. R. 252; 4 How. S. C. 503; 2 Whart. 53,
63; l5 Pick. 24, 31. As to the transactions between attorneys and others in
relation to client's property, see 2 Ves. jr. 201; 1 Madd. Ch. 114; 15 Ves.
42; 1 Ves. 379; 2 Ves. 259. The contracts of alien enemies may in, general
be avoided, except when made under the license of the government, either
express or implied. 1 Kent, Com. 104. See 15 John. 6; Dougl. 641. As to the
persons who make contracts in equity, see Newl. Cont. c. 1, pp. l to 33.

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