Legal Definition and Related Resources of Essence
Meaning of Essence
That which makes a thing what it is. A provision in a contract is said to be of the essence when, at the time of entering into the contract, both parties to the contract knew that performance of the contract without compliance with such provision may be of no avail. Whether a provision in a contract is or is not the essence thereof, in the absence of any express stipulation in the contract, will depend on the circumstances of each case, such as the purpose of the contract. In law, there is also an essence test to determine the essential nature or requisites of a transaction . For instance , in the law relating to collective bargaining , arbitrator’s interpretation of collective bargaining agreement will be upheld by the court if such an interpretation can in any rational way be derived from the agreement , viewed in light of its language, its context and any other indicia of the party ‘s intention and if arbitrator’s interpretation is reasonable . See Carmichaels Area school Dist. v Carmichaels Area Ed. Assn. (Pa.)389 A.2d 1203.
Synonyms of Essence
- basic part
- essential part
- fundamental part
- inmost nature
- inner being
- vis Associated Concepts: essence of a contract
- essence of testimony by a witness
Related Entries of Essence in the Encyclopedia of Law Project
Browse or run a search for Essence 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.
Essence in Historical Law
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Legal Abbreviations and Acronyms
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