This latin word signifies those who die at the same time, as, for example, a ship- wreck. 2. — When several persons die by the same accident, and there is no evi- dence as to who survived, the pre- sumption of law is they all died at the same time. 2 Phillim. R. 261 ; …
A guide to Commorientes
word signifies those who die at the
same time, as, for example, a ship-
wreck.
2. — When several persons die by
the same accident, and there is no evi-
dence as to who survived, the pre-
sumption of law is they all died at the
same time. 2 Phillim. R. 261 ; Eearnc
on Rem. iv. ; 5 B. A: Adol. 91 ; Cro.
Eliz. 503; Bac. Ah. Execution, D; lt
Mer. R. 308. See Death; Survivor.
GOMMl NICATION, contracts. In-
formation ; consultation ; conference.
2. — In order to make a contract, it
is essential there should be an agree-
ment; a bare communication or con-
ference will not, therefore, amount to
a contract ; nor can evidence of such
communication be received in order to
take from, contradict, or alter a written
agreement. 1 Dali. 426; 4 Dali. 340;
3 Serg. A: Rawle, 609. Vide Pour-
parler; Wharton’s Dig. Evid. R.
COMMUNINGS, Scotch late. This
term is used to express the negotiations
which have taken place before making
a contract, in relation to such proposed
contract; the same ns pourparler ,
(<!• v0
2. — It is n general rule that such
coinmunings or conversations, and the
propositions then made, are no part of
the contract; for no parol evidence
will lx- allowed to be given to contra-
dict, alter, or vary a written instrument.
1 Serg. & R. 464 ; Id. 27 ; Add. R.
361 ; 2 Dali. R. 17*2; 1 Binn. 616 ; 1
Yeates, R. 140; 12 John. R. 77; 20
COM
COM
275
John. R. 49 ; 3 Conn. R. 9 ; 11 Mass.
R. 30; 13 Mass. R. 443; 1 Bibb's R.
271 ; 4 Bibb's R. 473 ; 3 Marsh, j
(Kty.) R. 333; BuiiIk 175; 1 M. &
S. 21 ; 1 Esp. C. 53 ; 3 Cainpb. R.
57.
Why Commorientes is relevant in U.S. law
Commorientes appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.
When and how Commorientes applies
In practice, Commorientes is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Bouvier's Law Dictionary (1856) , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.