| slovo | definícia |
TO RETRACT
(bouvier) | TO RETRACT. To withdraw a proposition or offer before it has been accepted.
2. This the party making it has a right to do is long as it has not
been accepted; for no principle of law or equity can, under these
circumstances, require him to persevere in it.
3. The retraction may be express, as when notice is given that the
offer is withdrawn; or, tacit as by the death of the offering party, or his
inability to complete the contract; for then the consent of one of the
parties has been destroyed, before the other has acquired any existence;
there can therefore be no agreement. 16 Toull. 55.
4. After pleading guilty, a defendant will, in certain cases where he
has entered that plea by mistake or in consequence of some error, be allowed
to retract it. But where a prisoner pleaded guilty to a charge of larceny,
and sentence has been passed upon him, he will not be allowed to retract his
plea, and plead not guilty. 9 C. & P. 346; S. C. 38 E. C. L. R. 146; Dig.
12, 4, 5.
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