Terms Used In Delaware Code > Title 3 > Chapter 85 > Subchapter IV - Marketing Contracts; Actions; Restraint of Trade and Monopoly

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• age: means any age 18 years or older. See Delaware Code Title 6 Sec. 4602
• Agricultural products: includes all agricultural, horticultural, vegetable, fruit and floricultural products of the soil, livestock and meats, wool, hides, poultry, eggs, dairy products, nuts, mushrooms and honey, but does not include timber products. See Delaware Code Title 3 Sec. 8501
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means a corporation formed under this chapter. See Delaware Code Title 3 Sec. 8501
• Automobile: means any passenger motor vehicle which is leased or bought in Delaware or registered by the Division of Motor Vehicles in the Department of Transportation except the living facilities of motor homes. See Delaware Code Title 6 Sec. 5001
• Chairperson: means the Chairperson of the Delaware Human and Civil Rights Commission. See Delaware Code Title 6 Sec. 4602
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Commission: means the Delaware Human and Civil Rights Commission. See Delaware Code Title 6 Sec. 4602
• Commission: means the Public Service Commission. See Delaware Code Title 6 Sec. 4902
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complainant: means the person (including the Commission) who files a complaint under § 4610 of this title. See Delaware Code Title 6 Sec. 4602
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conciliation: means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent and the Commission. See Delaware Code Title 6 Sec. 4602
• Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See Delaware Code Title 6 Sec. 4602
• Consumer: means the purchaser, other than for purposes of resale, of an automobile; a person to whom an automobile is transferred during the duration of an express warranty applicable to the automobile; or any other person entitled by the terms of the warranty to enforce the obligations of the warranty. See Delaware Code Title 6 Sec. 5001
• Consumer: means a purchaser, other than for purposes of resale, of a new farm tractor, a person to whom the new farm tractor is transferred for the same purposes during the duration of an express warranty applicable to the farm tractor and any other person entitled by the terms of the warranty to enforce the terms of the warranty. See Delaware Code Title 6 Sec. 5001A
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: means the Superior Court of the State unless otherwise designated. See Delaware Code Title 6 Sec. 4602
• Covered multifamily dwellings: means :

  a. See Delaware Code Title 6 Sec. 4602

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• dealer: includes any person who engages exclusively in the repair of motor vehicles, except motor homes, if such repairs are performed pursuant to the terms of a franchise or other agreement with a franchiser or such repairs are performed as part of a manufacturer's or franchiser's warranty. See Delaware Code Title 6 Sec. 4902
• Dealer: means a person actively engaged in the business of buying, selling or exchanging automobiles at retail and who has an established place of business. See Delaware Code Title 6 Sec. 5001
• Dealership facilities: means the real estate, buildings, fixtures and improvements which have been devoted to the conduct of business under the franchise by the new motor vehicle dealer. See Delaware Code Title 6 Sec. 4902
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Designated family member: means the spouse, child, grandchild, parent, brother or sister, of the owner of a new motor vehicle dealership who, in the case of the owner's death, is entitled to inherit the ownership interest in the new motor vehicle dealership under the terms of the owner's will, or who has been nominated in any other written instrument, or who, in the case of an incapacitated owner of a new motor vehicle dealership, has been appointed by a court as the legal representative of the new motor vehicle dealership's property. See Delaware Code Title 6 Sec. 4902
• Disability: means as defined in § 4502 of this title. See Delaware Code Title 6 Sec. 4602
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Discriminatory housing practice: means an act that is unlawful under § 4603, § 4604, § 4605, § 4606 or § 4618 of this title. See Delaware Code Title 6 Sec. 4602
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distributor: which means any person, resident or nonresident, who in whole or in part offers for sale, sells or distributes any new motor vehicle to new motor vehicle dealers or who maintains factory representatives or who controls any person, firm, association, corporation or trust, resident or nonresident, who in whole or in part offers for sale, sells or distributes any new motor vehicle to new motor vehicle dealers. See Delaware Code Title 6 Sec. 4902
• Division: means the Division of Human and Civil Rights. See Delaware Code Title 6 Sec. 4602
• Document: means :

  a. See Delaware Code Title 6 Sec. 17-101

• Dwelling: means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by 1 or more families, together with any land which is offered for sale, rent or exchange therewith and also means any vacant land which is offered for sale, lease or exchange for the construction or location thereon of any such building, structure or portion thereof. See Delaware Code Title 6 Sec. 4602
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Factory branch: which means a branch office maintained by a manufacturer for the purpose of selling, or offering for sale, vehicles to a distributor or new motor vehicle dealer, or for directing or supervising in whole or in part factory or distributor representatives. See Delaware Code Title 6 Sec. 4902
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fair rental value: means the rental value calculated in accordance with the "Tractor and Farm Equipment Trade-In Guide" published by the National Farm and Power Equipment Dealers Association. See Delaware Code Title 6 Sec. 5001A
• Familial status: means : one or more individuals who have not attained the age of 18 years being domiciled with:

  a. See Delaware Code Title 6 Sec. 4602

• Farm tractor: means any self-propelled vehicle which is designed primarily for pulling or propelling agricultural machinery and implements and is used principally in the occupation or business of farming, including an implement of husbandry that is self-propelled. See Delaware Code Title 6 Sec. 5001A
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Franchise: means the written agreement or contract between any new motor vehicle manufacturer and any new motor vehicle dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract, and pursuant to which the dealer purchases and resells the franchise product or leases or rents the dealership premises. See Delaware Code Title 6 Sec. 4902
• Franchiser: which means 1 or more of the following:

  1. See Delaware Code Title 6 Sec. 4902

• Fraud: Intentional deception resulting in injury to another.
• Gender identity: means a gender-related identity, appearance, expression or behavior of a person, regardless of the person's assigned sex at birth. See Delaware Code Title 6 Sec. 4602
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good faith: means honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade as defined and interpreted in § 1-201(b)(20) of this title. See Delaware Code Title 6 Sec. 4902
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Housing for older persons: means housing:

  a. See Delaware Code Title 6 Sec. 4602

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Knowledge: means a person's actual knowledge of a fact, rather than the person's constructive knowledge of the fact. See Delaware Code Title 6 Sec. 17-101
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lienholder: means a person with a security interest in an automobile pursuant to a lien. See Delaware Code Title 6 Sec. 5001
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Manager: means a person who is named as a manager of a limited liability company in, or designated as a manager of a limited liability company pursuant to, a limited liability company agreement or similar instrument under which the limited liability company is formed, and includes a manager of the limited liability company generally and a manager associated with a series of the limited liability company. See Delaware Code Title 6 Sec. 18-101
• Manufacturer: includes the following terms:

  a. See Delaware Code Title 6 Sec. 4902

• Manufacturer: means a person engaged in the business of manufacturing, assembling or distributing automobiles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new automobiles. See Delaware Code Title 6 Sec. 5001
• Manufacturer: means a person engaged in the business of manufacturing, assembling or distributing farm tractors, who under normal business conditions during the year manufacturers, assembles, or distributes to dealers at least 10 new farm tractors. See Delaware Code Title 6 Sec. 5001A
• Marital status: means the legal relationship of parties as determined by the laws of marriage applicable to them or the absence of such a legal relationship. See Delaware Code Title 6 Sec. 4602
• Member: means a person who is admitted to a limited liability company as a member as provided in § 18-301 of this title, and includes a member of the limited liability company generally and a member associated with a series of the limited liability company. See Delaware Code Title 6 Sec. 18-101
• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• Motor vehicle: means every vehicle intended primarily for use and operation on the public highways which is self-propelled, not including motor homes, motor home products and recreational vehicles, farm tractors and other machines and tools used in the production, harvesting and care of farm products. See Delaware Code Title 6 Sec. 4902
• New motor vehicle: means a vehicle which has been sold to a new motor vehicle dealer and which has not been used for other than demonstration purposes and on which the original title has not been issued from the new motor vehicle dealer. See Delaware Code Title 6 Sec. 4902
• Nonconformity: means a defect or condition which substantially impairs the use, value or safety of an automobile. See Delaware Code Title 6 Sec. 5001
• Nonconformity: means any condition of the farm tractor that makes it reasonably unsuitable to use for the purpose for which it was intended. See Delaware Code Title 6 Sec. 5001A
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Panel: means 3 or more Commissioners appointed by the Chair to perform any act authorized under this chapter. See Delaware Code Title 6 Sec. 4602
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Patron: means a person engaged in agriculture whose products are sold by or supplies purchased through the association, or who has executed a contract with the association to sell all or a part of the patron's agricultural products to or through the association. See Delaware Code Title 3 Sec. 8501
• Person: includes 1 or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy in cases under Title 11 of the United States Code, receivers, fiduciaries and land use commissions or boards. See Delaware Code Title 6 Sec. 4602
• Person: means every natural person, partnership, corporation, association, trust, estate, or any other legal entity. See Delaware Code Title 6 Sec. 4902
• Person: means a natural person, partnership (whether general or limited), limited liability company, trust (including a common law trust, business trust, statutory trust, voting trust or any other form of trust), estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See Delaware Code Title 6 Sec. 17-101
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Protective hairstyle: includes braids, locks, and twists. See Delaware Code Title 6 Sec. 4602
• Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
• Quorum: The number of legislators that must be present to do business.
• Race: includes traits historically associated with race, including hair texture and a protective hairstyle. See Delaware Code Title 6 Sec. 4602
• real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reasonable allowance for prior use: shall mean no less than the fair rental value of the fair tractor and shall be the sum of:

  a. See Delaware Code Title 6 Sec. 5001A

• Regulations: include any applicable federal regulations, state regulations, local regulations or regulations of the shopping center or a place of business within the shopping center, and include the regulating of the flow and direction of traffic in the parking areas of such shopping center as well as stop signs and no-parking regulations. See Delaware Code Title 6 Sec. 4801
• Relevant market area: means the area within a radius of 10 miles from the intended site of a proposed additional dealership. See Delaware Code Title 6 Sec. 4902
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Respondent: means :

  a. See Delaware Code Title 6 Sec. 4602

• sale: includes a sale, gift, exchange or other means of conveyance. See Delaware Code Title 6 Sec. 4602
• Series: means a designated series of limited partners, general partners, partnership interests or assets that is a protected series or a registered series, or that is neither a protected series nor a registered series. See Delaware Code Title 6 Sec. 17-101
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sexual orientation: includes heterosexuality, homosexuality, or bisexuality. See Delaware Code Title 6 Sec. 4602
• Shopping center: shall mean any area composed of at least 3 places of business which is serviced by a common parking area. See Delaware Code Title 6 Sec. 4801
• Source of income: means any lawful source of money paid directly, indirectly, or on behalf of a renter or buyer of housing including:

  a. See Delaware Code Title 6 Sec. 4602

• Special Administration Fund: means the Fund established and maintained pursuant to § 3005 of Title 31. See Delaware Code Title 6 Sec. 4602
• State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
• State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• warranty: means the written warranty of the manufacturer of a new automobile of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty. See Delaware Code Title 6 Sec. 5001
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302