Legal Definitions - savor

In legal contexts, the term savor (or "savour") is used to describe something that possesses the essential nature, characteristics, or qualities of something else, or that bears a strong resemblance or affinity to it. It implies that while an item or concept might not be formally classified as X, it has so many attributes of X that it should be treated similarly, or at least its connection to X is noteworthy.

Here are a few examples to illustrate this concept:

• Example 1: Business Agreements

  Imagine two companies enter into a complex financial arrangement. While the document is formally titled a "Loan Agreement," it includes provisions that grant the lender significant control over the borrower's management decisions and a substantial share of future profits, much like an owner or investor would have. In this situation, a court or legal analyst might say that the "loan agreement" savors of an equity investment. This means that despite its label, the agreement has the fundamental characteristics of an ownership stake, which could have implications for how it's treated under tax law or in the event of bankruptcy.

• Example 2: Property Rights

  Consider a situation where a homeowner grants a neighbor a permanent right to use a specific portion of their land for a driveway, and this right is formally recorded and passes with the land if either property is sold. This is known as an easement. While an easement does not transfer ownership of the land itself, this particular type of strong, enduring right, which significantly impacts the use and value of the property, could be described as savoring of an ownership interest. This highlights its substantial and lasting nature, distinguishing it from a temporary or revocable permission.

• Example 3: Contract Interpretation

  Suppose two parties draft a document labeled a "Letter of Intent" for a potential business deal, explicitly stating that it is "non-binding." However, the letter includes highly detailed terms, specific deadlines for performance, and outlines clear penalties for non-compliance, and both parties begin acting as if the deal is already in effect. A court reviewing this document might conclude that, despite its "non-binding" label, the "Letter of Intent" savors of a binding contract. This means the court could decide that the substance and actions of the parties indicate an intention to create a legally enforceable agreement, regardless of the initial disclaimer.