lesion

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lesion

injury or loss. In the civil law jurisdictions the word is often used in the context of an ‘unfair’ loss, as where an adult takes advantage of a minor or someone purchases something for much less than it's worth.

LESION, contracts. In the civil law this term is used to signify the injury suffered, in consequence of inequality of situation, by one who does not receive a full equivalent for what he gives in a commutative contract.
     2. The remedy given for this injury, is founded on its being the effect of implied error or imposition; for in every commutative contract, equivalents are supposed to be given and received. Louis. Code, 1854. Persons of full age, however, are not allowed in point of law to object to their agreements as being injurious, unless the injury be excessive. Poth. Oblig. P. 1, c. 1, s. 1, art. 3, Sec. 4. But minors are admitted to restitution, not only against any excessive inequality, but against any inequality whatever. Poth. Oblig. P. 1, c. 1, s. 1, art. 3, Sec. 5; Louis. Code, art. 1858.
     3. Courts of chancery relieve upon terms of redemption and set aside contracts entered into by expectant heirs dealing for their expectancies, on the ground of mere inadequacy of price. 1 Vern. 167; 2 Cox, 80; 2 Cas. in Ch. 136; 1 Vern. 141; 2 Vern. 121; 2 Freem. 111; 2 Vent. 359; 2 Vern. 14; 2 Rep. in Ch. 396; 1 P. W. 312; 1 Bro. C. C. 7; 3 P. Wms. 393, n.; 2 Atk. 133; 2 Ves. 125; 1 Atk. 301; 1 Wils. 286; 1 Wils. 320; 1 Bro. P. 6. ed. Toml. 198; 1 Bro. C. C. 1; 16 Ves. 512; Sugd. on Vend. 231, n. k.; 1 Ball & B. 330; Wightw. 25; 3 Ves. & Bea. 117; 2 Swanst. R. 147, n.; Fonb. notes to the Treatise of Equity, B, 1, c. 2, s. 9. A contract cannot stand where the party has availed himself of a confidential situation, in order to obtain some selfish advantage. Note to Crowe v. Ballard. 1 Ves. jun. 125; 1 Hov. Supp. 66, 7. Note to Wharton v. May. 5 Ves. 27; 1 Hov. Supp. 378. See Catching bargain; Fraud; Sale.

References in periodicals archive ?
The group consisted of 40 patients with LBP in a course of degenerative lesions.
It is a very painful condition characterized by proliferative or degenerative lesions in and around the sole of the foot of working elephants, which was frequently complicated by pyogenic and fungal infections.
The differential diagnosis also includes degenerative lesions, tumors, instability from surgery or other prior treatment, pregnancy, and osteitis condensans illi (dense sclerosis on the iliac side of the SI joint).
It has two markets, one for traumatic cartilage lesions of approximately 1 million patients per year in the USA and another for osteoarthritic degenerative lesions addressing 500,000 to 1 million cases.
Because most of degeneration is located on the temporal side of the optic nerve the aim of our study was to assess blood flow parameters in temporal short posterior ciliary arteries (tSPCA) depending on the character of degenerative lesions found in the ocular fundus in myopic people.
In 1989, Palmer classified lesions of the TFCC and divided them into two types, class I traumatic injuries and class II degenerative lesions (918) (Table 2).

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