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perfect ownership See OWNERSHIP.

perfect ownership Louisiana law. The complete bundle of rights to use, enjoy, and dispose of property without limitation. Also termed full ownership; complete ownership.

perfect right A right that is recognized by the law and is fully enforceable.

perfect right See RIGHT.

perfect self-defense The use of force by one who accurately appraises the necessity and the amount of force to repel an attack. 2. The right ofa state to defend itself against a real or threatened attack. See United Nations Charter, art. 51 (59 Stat. 1031). - Also spelled (esp. in BrE) self-defence. self-defender, n. "Self-defence, properly understood, is a legal right, and as with other legal rights the question whether a specific state of facts warrants its exercise is a legal question. It is not a question on which a state is entitled, in any special sense, to be ajudge in its own cause." J.L Brierly, The Law of Nations 319 (5th ed. 1955).

perfect self-defense See SELF-DEFENSE.

perfect tender See TENDER (3).

perfect tender A sellers tender that meets the contractual terms entered into with the buyer concerning the quality and specifications of the goods sold. See PERFECT-TENDER RULE. 4. An offer or bid put forward for acceptance <a tender for the construction contract>. 5. Something that serves as a means of payment, such as coin, banknotes, or other circulating medium; money <legal tender>. - tender, vb.

perfect title See TITLE (2).

perfect trial See TRIAL.

perfect usufruct See USUFRUCT.

perfect war See WAR.

perfected security interest A security interest that complies with the statutory requirements for achieving priority over a trustee in bankruptcy and unperfected interests. A perfected interest may also have priority over another interest that was perfected later in time. See PERFECT.

perfected security interest See SECURITY INTEREST.

perfecting amendment An amendment that merely edits the form of a main motion or a primary amendment but does not substantially change its content; an amendment of lesser scope than an amendment by substituting. Cf. amendment by substituting (1).

perfecting amendment See AMENDMENT (3).

perfection Validation of a security interest as against other creditors, usu. by filing a statement with some public office or by taking possession of the collateraL Cf. ATTACHMENT (4).

perfect-tender rule Commercial law. The principle that a buyer may reject a seller s goods if the quality, quantity, or delivery of the goods fails to conform precisely to the contract. Although the perfect-tender rule was adopted by the VCC (§ 2-601), other Code provisions such as the seller s right to cure after rejection have softened the rule s impact. Cf. SUBSTANTIAL-PERFORMANCE DOCTRINE. At common law, a buyer of goods possessed a legal right to insist upon perfect tender by the seller. If the goods failed to conform exactly to the description in the contract whether as to quality, quantity or manner of delivery the buyer could reject the goods and rescind the contract, which meant that the parties would be returned to the positions they occupied before the contract was entered into. Marvin A. Chireistein, Concepts and Case Analysis in the Law of Contracts 112 (1990).

perficere susceptum munus (par-fis-ar-ee sa-sep-tam myoo-nas). [Latin] Scots law. To perform the duties of an office undertaken. One assuming an office could not then capriciously resign from the office. See REBUS INTEGRlS.

perfidy (par-fa-dee). A combatant s conduct that creates the impression that an adversary is entitled to, or is obliged to accord, protection under internationallaw, when in fact the conduct is a ruse to gain an advantage. Acts of perfidy include feign i ng an intent to negotiate under a flag of truce, or feigning protected status by using signs, emblems, or uniforms of the United Nations or of a neutral country.

performance 1. The successful completion of a contractual duty, usu. resulting in the performer s release from any past or future liability; EXECUTION (2). Also termed full performance. Cf. NONPERFORMANCE; MISPERFORMA~CE.

performance bond 1. A bond given by a surety to ensure the timely performance of a contract. In major international agreements, performance bonds are typically issued by banks, but sometimes also by insurance companies. The face amount of the bond is typically 2% of the value of performance, but occasionally as much as 5%. 2. A third party s agreement to guarantee the completion of a construction contract upon the default of the general contractor. Also termed completion bond; surety bond; contract bond. Cf. common-law bond under BOND (2).

performance bond See PERFORMANCE BOND.

performance bonus See BONUS.

performance bonus A bonus given as a reward for out-standing productivity.

performance contract 1. A contract that requires a party to act personally and does not allow substitution. People who provide unique personal services often make performance contracts. 2. A contract that allows the contractor to choose the means to achieve the end result. The product's specifications may be loose and allow the contractor latitude in deciding how to perform. Cf. build-to-print contract.

performance contract See CONTRACT.

performance fund See MUTUAL FUND.

performance plan A bonus compensation plan in which executives are paid according to the company s growth.

performance right A copyright holder s exclusive right to recite, play, act, show, or otherwise render the protected work publicly, whether directly or by technological means (as by broadcasting the work on television). Every public performance of a copyrighted work requires authorization from the copyright owner or its representative, unless a statutory ephemeral-recording exemption applies. Also termed public-performance right.

performance shares Stock given to an executive when the corporation meets a performance objective.

performance specification See STATEMENT OF WORK.

performance stock See glamour stock under STOCK.

performance stock See glamour stock.

periculo petentis (pa-rik-ya-Ioh pa-ten-tis). [Latin]. At the risk of the person seeking. - A private person was liable in damages for a judicial warrant wrongfully issued at that person s insistence. [A] creditor seeking a warrant for the apprehension of his debtor as in meditatione fugae, obtains it periculo petentis, and he, not the judge, will be liable in damages if the debtor can show that the obtaining of the warrant and the using of it were illegal." John Trayner, Trayner s Latin Maxims 454 (4th ed. 1894).

periculosus (par-ik-ya-loh-sas), adj. [Latin) Dangerous; perilous.

periculum (pa-rik-ya-lam), n. [Latin) Civil law. Peril; danger; risk. PI. pericula.

peril 1. Exposure to the risk of injury, damage, or loss <the perils of litigation>.

peril of the sea An action of the elements at sea of such force as to overcome the strength of a well-founded ship and the normal precautions of good marine practice. A peril of the sea may relieve a carrier from liability for the resulting losses. Also termed danger of navi-gation; danger ofriver; marine peril; marine risk; (in regard to the Great Lakes) perils of the lakes; danger of the sea. Of the marine peri is, by far the most im portant are those of the seas What is covered is not any loss that may happen on the sea, but fortuitous losses occurring through extraordinary action of the elements at sea, or any accident or mishap in navigation. By far the greatest number of claims for marine loss, and of the insurance problems connected with other topics treated in this book arise under this clause. Extraordinary action of the wind and waves is a sea peril. Collision, foundering, stranding, striking on rocks and icebergs, are all covered under these words. Even a swell from a passing ship may be a peril of the sea. On the other hand, ordinary wear and tear are not included under the coverage of this or any other phrase in the clause, nor are losses which are anticipatable as regular incidents of sea carriage in general or of naviga• tion in a particular part of the world. Grant Gilmore & Charles L. Black Jr., The Law of Admiralty § 2-9, at 72-73 (2d ed. 1975).

perimere causam (pa-rim-a-ree kaw-zam). [Latin]. To put an end to the cause. - The phrase appeared in reference to the legal effect ofa peremptory defense. See peremptory defense under DEFENSE (1).

perinatal (per-i-nayt-dl), adj. Of or relating to the period from about the 12th week of gestation through the 28th day of life. Cf. NEONATAL.

perinde est ac si scriptum non esset (par-in-dee est ak si skrip-tam non es-et). [Latin) Scots law. It is the same as if it had not been written. A deed that failed to convey the grantor s meaning adequately could not be supplemented by extrinsic evidence and would be void for uncertainty.

perinfortunium (par in-for-t[y)oo-nee-am), adj. or adv. [Latin] By misadventure. At common law, when one person killed another per infortunium, a conviction and royal pardon were necessary even when there was no fault, See homicide per infortunium under HOMICIDE. It may seem strange to modern minds that for centuries it was a rule of our law that a man who killed another either by misadventure (per infortunium) or in reasonable self- defence (against an attack not itself felonious), although he did not commit a felony, must yet be held guilty of unlawful homicide and require the King s pardon if he were to escape punishment, and even if granted pardon would still be liable to suffer forfeiture of his property; and that he was exposed to claims for compensation from the family of the deceased; J,W. Cecil Turner, Kenny s Outlines of Criminal Law 113 (l6th ed. 1952).

period of prescription The period fixed by local law as sufficient for obtaining or extinguishing a right through lapse of time. In addition to a fixed number of years, the period includes whatever further time is allowed by local law because of infancy, insanity, coverture, and other like circumstances. See PRESCRIPTIVE RIGHT; PRESCRIPTION (3), (4), (5).

periodic alimony See permanent alimony under ALIMONY.

periodic alimony See permanent alimony.

periodic audit See AUDIT.

periodic audit An audit conducted at regular intervals to assess a company's current condition.

periodic estate See periodic tenancy under TENANCY.

periodic estate See periodic tenancy under TENANCY.

periodic payment One of a series of payments made over time instead of a one-time payment for the full amount. Cf. lump-sum payment.

periodic payment See PAYMENT.

periodic tenancy See TENANCY.

periodic tenancy A tenancy that automatically continues for successive periods usu. month to month or year to year unless terminated at the end ofa period by notice. A typical example is a month-to-month apartment lease. This type of tenancy originated through court rulings that, when the lessor received a periodic rent, the lease could not be terminated without reasonable notice. Also termed tenancy from period to period; periodic estate; estate from period to period; (more specit:) month-to-month tenancy (or estate); year-to-year tenancy (or estate).

periodic-payment-plan certificate See STOCK CERTIFICATE.

periodic-payment-plan certificate A certificate, investment contract, or other security providing for a series of periodic payments by the holder and representing an undivided interest in certain specified securities or in a unit or fund of securities purchased wholly or partly with the proceeds of those payments. The term also includes any security whose issuer is also issuing the certificates described above and whose holder has substantially the same rights and privileges as those holders have upon completing the periodic payments for which the securities provide. See 15 USCA § 80a-2(a)(27).

peripheral right A right that surrounds or springs from another right.

peripheral right See RIGHT.

periphrasis (pa-rif-ra-sis). A roundabout way of writing or speaking; circumlocution, periphrastic (per-a-fras-tik), adj.

perishable-food-disparagement act See AGRICULTURAL-DISPARAGEMENT LAW.

perjury (par-jar-ee). The act or an instance of a person s deliberately making material false or misleading statements while under oath. Also termed false swearing; false oath; (archaically) forswearing. perjure (par-jar), vb. perjured (par-jard), perjurious (par-juur-ee-as), adj. perjuror (par-jar-ar), n.

perjury-trap doctrine The principle that a perjury indictment against a person must be dismissed if the prosecution secures it by calling that person as a grand-jury witness in an effort to obtain evidence for a perjury charge, esp. when the person s testimony does not relate to issues material to the grand-jury s ongoing investigation.

perk See PERQUISITE.

Perlman doctrine The principle that a discovery order directed at a disinterested third party is immediately appealable on the theory that the third party will not risk contempt by refusing to comply. The doctrine originated in Perlman v. United States, 247 US. 7, 13, 38 S.Ct. 417, 420 (1918). The Court reasoned that the third party s ability to protect his or her rights would be thwarted if the party could not appeal immediately.

permanency hearing See HEARING.

permanency hearing Under the Adoption and Safe Families Act, a judicial proceeding to determine the future, permanent status of a child in foster care. Under the Act, the term permanency hearing replaces the term disposition hearing. 1he permanency hearing must occur within 12 months of a child's being placed in foster care. The purpose of the hearing is to determine the final direction of the case, whether that means going forward with termination proceedings or continuing plans for family reunification. - Also termed permanency-planning hearing.

permanency plan A proposed written strategy for the eventual permanent placement of a child who has been removed from his or her parents. A permanency plan, ideally, provides either for the child s safe return to one or both parents or for the child s adoption. Ifneither of these alternatives is possible, then the plan will provide for long-term foster care, relative care, or guardianship. Under the Adoption and Safe Families Act, long-term foster care is the choice oflast resort. Also termed permanent plan.

permanency-planning hearing See permanency hearing under HEARING.

permanent statute See perpetual statute under STATUTE.

permanent abode See DOMICILE (1).

permanent alimony Alimony payable in usu. weekly or monthly installments either indefinitely or until a time specified by court order . This kind ofalimony may usu.be modified for changed circumstances of either party. It terminates upon the death of either spouse and usu. upon the remarriage of the obligee. Also termed final alimony; periodic alimony.

permanent alimony See ALIMONY.

permanent allegiance The lasting allegiance owed to a state by its citizens or subjects.

permanent allegiance See ALLEGIANCE.

permanent charge daffaires See CHARGE DAFFAIRES.

permanent charge d'affaires A charge d'affaires with a high enough rank to head a mission (if there is no ambassador or minister). Also termed charge d'affaires en pied; charge d'affaires en titre.

permanent committee See standing committee under COMMITTEE.

permanent committee See standing committee.

permanent damages Damages for past, present, and future harm that cannot be avoided or remedied.

permanent damages See DAMAGES.

permanent disability See DISABILITY (2).

permanent disability A disability that will indefinitely prevent a worker from performing some or all of the duties that he or she could do before an accident or illness.

permanent employment Work that, under a contract, is to continue indefinitely until either party wishes to terminate it for some legitimate reason.

permanent employment See EMPLOYMENT.

permanent financing See FINANCING.

permanent financing A long-term loan obtained to repay an interim loan, such as a mortgage loan that is used to repay a construction loan.

permanent fixture See FIXTURE.

Permanent injunction An injunction granted after a final hearing on the merits. Despite its name, a permanent injunction does not necessarily last forever. Also termed perpetual injunction; final injunction.

permanent injunction See INJUNCTION.

permanent injury 1. A completed wrong whose consequences cannot be remedied for an indefinite period. 2. Property. A lasting injury to land that causes it to revert to the grantor or vests immediate right of possession in a remainderman. Cf. temporary injury.

permanent injury See INJURY.

permanent law A statute that continues in force for an indefinite time.

permanent law See LAW.

permanent nuisance See NUISANCE.

permanent plan See PERMANENCY PLAN.

permanent policy See INSURANCE POLICY.

permanent policy A renewable policy that is effective for a specified period and is terminable by either the insurer or the insured after giving express notice.

permanent protective order A protective order of indefinite duration granted after a hearing with notice to both sides; esp., a court order that prohibits an abuser from contacting or approaching the protected person for a long period, usu. years. Despite the name, permanent orders often have expiration dates set by state law. An order may also require the abuser to perform certain acts such as attending counseling or providing financial support for the protected person, Abbr, PPO,

permanent protective order See PROTECTIVE ORDER.

permanent statute See perpetual statute.