Legal Definitions - item

Item

In legal contexts, the term "item" can have a few specific meanings:

• In Commercial Law: An "item" refers to a physical document or instruction that a bank handles for collection or payment. This typically includes paper-based instruments like checks or money orders. It specifically excludes electronic payment orders (like wire transfers) and credit or debit card transactions.
• Example 1 (Commercial Law): A small business owner receives a check from a customer for services rendered. When the owner deposits this check into their business account, the bank treats the check as an "item" that needs to be processed for collection from the customer's bank.
• Explanation: The check is a physical instruction to pay money, handled by the bank for collection, fitting the definition of an "item" in commercial law.
• Example 2 (Commercial Law): A person uses a cashier's check to pay for a down payment on a car. The car dealership deposits the cashier's check into its bank account.
• Explanation: Similar to a personal check, a cashier's check is a paper instrument representing an order to pay, which the bank processes for payment, making it an "item."
• In Legal Drafting: An "item" refers to a distinct, typically numbered or lettered, subpart within a larger section of a legal document, such as a statute, regulation, or contract. It helps organize complex information into smaller, manageable units.
• Example 1 (Legal Drafting): A city ordinance specifies rules for public parks, and one section might state: "Prohibited activities include: (1) littering, (2) unauthorized fires, (3) amplified music after 9 PM." Here, "(1) littering" is an "item" within the list of prohibited activities.
• Explanation: Each numbered point is a specific, distinct component of the larger rule, used to break down and clarify the text.
• Example 2 (Legal Drafting): A lease agreement might contain a clause detailing tenant responsibilities, such as "The tenant agrees to: (a) pay rent on the first of each month, (b) maintain the property in good condition, (c) notify the landlord of any necessary repairs." Each lettered responsibility, like "(a) pay rent," is an "item" within that clause.
• Explanation: These lettered points serve as individual components that collectively define the tenant's obligations, making the contract clear and easy to reference.