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CONJUNCTIVE, contracts, wills, instruments. A term in grammar used to designate particles which connect one word to another, or one proposition to another proposition.
     2. There are many cases in law, where the conjunctive and is used for the disjunctive or, and vice versa.
     3. An obligation is conjunctive when it contains several things united by a conjunction to indicate that they are all equally the object of the matter or contract for example, if I promise for a lawful consideration, to deliver to you my copy of the Life of Washington, my Encyclopaedia, and my copy of the History of the United States, I am then bound to deliver all of them and cannot be discharged by delivering one only. There are, according to Toullier, tom. vi. n. 686, as many separate obligations Is there are things to be delivered, and the obligor may discharge himself pro tanto by delivering either of them, or in case of refusal the tender will be valid. It is presumed, however, that only one action could be maintained for the whole. But if the articles in the agreement had not been enumerated; I could not, according to Toullier, deliver one in discharge of my contract, without the consent of the creditor; as if, instead of enumerating the, books above mentioned, I had bound myself to deliver all my books, the very books in question. Vide Disjunctive, Item, and the case, there cited; and also, Bac. Ab. Conditions, P; 1 Bos. & Pull. 242; 4 Bing. N. C. 463 S. C. 33 E. C. L. R. 413; 1 Bouv. Inst. n. 687-8.

References in periodicals archive ?
As noted earlier, the judicially created economic substance doctrine included two prongs--business purpose and economic substance--which courts applied conjunctively, disjunctively, or as a factors test.
Desertion with intent to remain away permanently is a separate crime and should not be charged either conjunctively or disjunctively in the same specification as either kind of desertion with intent to shirk.
As Infuse is used conjunctively with some of Medtronic's other spinal fusion devices, the final outcome of this ordeal ultimately may have a negative impact on the company's sales of its spinal implants.
that ultimate principle by which the many, which are the universe disjunctively, become the one actual occasion, which is the universe conjunctively.
As will be seen from the discussion that follows, various constructs of memory operate conjunctively in Horrelpoot to display a palimpsestual tension between memory and history.
A thorough CINAHL database search was conducted to determine the extent to which articles, specifically from the viewpoint of the complementary health practitioner, commented on hypnosis (or hypnotherapy) as used conjunctively with other complementary medicine.
These findings are exciting as they suggest that different predictive tests that evaluate the risk of recurrence and therapeutic response can be used conjunctively on a single tumor sample to help physicians gain a clearer picture of a patient's treatment needs," Dr.
64) Where a violation is so serious that it impairs the public interest, it is conjunctively subject to administrative punishment.
The court had to determine whether Congress meant to use the word "and" conjunctively or disjunctively If a conjunctive interpretation was intended, the tax would be imposed only if the charges were computed based on the time and the distance of the calls.
In its judgment in Delgamuukw, (7) the Supreme Court recognized these two ways of proving title and accepted that they might operate conjunctively and cumulatively rather than as mutually exclusive alternatives.