cancellation

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cancellation

(See: cancel)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

cancellation

1 at common law, an attempt to terminate a contract that can succeed only on terms agreed. A cancellation that is not agreed would result in an award of damages for breach of contract. See also ANTICIPATORY BREACH OF CONTRACT. Under the law of consumer credit, a consumer credit agreement is cancellable if oral representations are made by the negotiator in the presence of the debtor or hirer and the agreement was not signed by the debtor on trade premises. Non-commercial agreements and certain small debtor-creditor supplier agreements are excluded. The protection allowed is for a five-day cooling-off period. Overlapping protection is given by the Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987. These apply to unsolicited visitors or a solicited visit where different goods are sold. They do not apply to land transactions, sale of food and drink for consumption, or insurance and investment contracts. The regulations offer a seven-day COOLING-OFF period. Other cooling-off periods exist, most notably in the electronic age, in relation to DISTANCE SELLING.
2 where a BILL OF EXCHANGE is intentionally cancelled and the cancellation is apparent thereon, the bill is discharged, as is any party liable on it. Intentional cancellation may be manifested by the cancellation of the signature. A cancellation made unintentionally or under a mistake or without the authority of the holder is inoperative.
Collins Dictionary of Law © W.J. Stewart, 2006

CANCELLATION. Its general acceptation, is the act of crossing a writing; it is used sometimes to signify the manual operation of tearing or destroying the instrument itself. Hyde v. Hyde, 1 Eq. Cas. Abr. 409; Rob. on Wills, 367, n.
     2. Cancelling a will, animo revocandi, is a revocation of it, and it is unnecessary to show a complete destruction or obliteration. 2 B. & B. 650; 3 B. & A. 489; 2 Bl. R. 1043; 2 Nott & M'Cord, 272; Whart. Dig. Wills, c.; 4 Mass. 462. When a duplicate has been cancelled, animo revocandi, it is the cancellation of both parts. 2 Lee, Ecc. R. 532.
     3. But the mere act of cancelling a will is nothing, unless it be done animo revocandi, and evidence is admissible to show, quo animo, the testator cancelled it., 7 Johns. 394 2 Dall. 266; S. C. 2 Yeates, 170; 4 Serg. & Rawle, 297; cited 2 Dall. 267, n.; 3 Hen. & Munf. 502; Rob. on Wills, 365; Lovel, 178; Toll. on Ex'rs, Index, h.t.; 3 Stark. Ev. 1714; 1 Adams' Rep. 529 Mass. 307; 5 Conn. 262; 4 Wend. 474; 4 Wend. 585; 1 Harr. & M'H. 162; 4 Conn. 550; 8 Verm. 373; 1 N. H. Rep. 1; 4 N. H. Rep. 191; 2 Eccl. Rep. 23.
     4. As to the effect of cancelling a deed, which has not been recorded, see 1 Adams' Rep. 1; Palm. 403; Latch. 226; Gilb. Law, Ev. 109, 110; 2 H. Bl. 263: 2 Johns. 87 1 Greenl. R. 78; 10 Mass. 403; 9 Pick. 105; 4 N. H. Rep. 191; Greenl. Ev. Sec. 265; 5 Conn. 262; 4 Conn. 450; 5 Conn. 86; 2 John. R. 84; 4 Yerg. 375; 6 Mass. 24; 11 Mass. 337; 2 Curt. Ecc. R. 458.
     5. As to when a court of equity will order an agreement or other instrument to be cancelled and delivered up, see 4 Bouv. Inst. n. 3917-22.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.