Terms Used In Delaware Code > Title 6 > Chapter 25 - Prohibited Trade Practices

• adult person: means a person of the age of 18 years or older. See Delaware Code Title 1 Sec. 302
• Advertisement: means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into any obligation or acquire any title or interest in, any merchandise. See Delaware Code Title 6 Sec. 2511
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agent: means any individual, partnership, corporation or trustee defined as a broker in § 2901 of Title 24, acting on behalf of a seller or buyer of residential real property. See Delaware Code Title 6 Sec. 2571
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Article: means a product as distinguished from its trademark, label, or distinctive dress in packaging. See Delaware Code Title 6 Sec. 2531
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Buyer: means both the actual and prospective purchaser of a home food service plan, but does not include persons purchasing for resale. See Delaware Code Title 6 Sec. 2587
• Buyer: means any individual, partnership, corporation or trustee purchasing any estate or interest in real property. See Delaware Code Title 6 Sec. 2571
• Certification mark: means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization. See Delaware Code Title 6 Sec. 2531
• Charge: means the admission price or fee asked in return for invitation or permission to enter or go upon the land. See Delaware Code Title 7 Sec. 5902
• Collective mark: means a mark used by members of a cooperative, association, or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization. See Delaware Code Title 6 Sec. 2531
• Committee: means a body of stakeholders that inform the treatment and disposition of unmarked human burials and skeletal remains:

  a. See Delaware Code Title 7 Sec. 5402

• Contract: means all of the collective written or oral agreements between a seller and a buyer relating to the purchase of a home food service plan, except promissory notes or other financing agreements. See Delaware Code Title 6 Sec. 2587
• Contribution: means the grant, promise or pledge of money, credit, property, financial assistance or other thing of value in response to a charitable/fraternal solicitation. See Delaware Code Title 6 Sec. 2593
• Credit card: means any card or document entitling its holder to obtain any goods or services by the production of the card or document, and entitling its holder to tender payment for such goods and services at a later date. See Delaware Code Title 6 Sec. 2541
• Decedent: A deceased person.
• Director: means the Director of the Division of Historical and Cultural Affairs, Department of State. See Delaware Code Title 7 Sec. 5402
• Docket: A log containing brief entries of court proceedings.
• Document: means :

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

• Dower: A widow
• Examination: means inspection, study or copying. See Delaware Code Title 6 Sec. 2511
• Executor: A male person named in a will to carry out the decedent
• Final settlement: means the time at which the parties have signed and delivered all papers and consideration to convey title to the estate or interest in residential real property being conveyed. See Delaware Code Title 6 Sec. 2571
• Food item: means each edible product sold as part of a home food service plan, including, but not limited to, each constituent part or kind of meat cut from a primal source, each kind of whole poultry or poultry part, seafood products and other like products. See Delaware Code Title 6 Sec. 2587
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Franchise: means a contract or other arrangement governing the business relationship within this State between a franchised distributor and a franchisor where the franchised distributor is required to pay more than $100 to enter into such contract or other arrangement; provided, however, that a franchised distributor as defined under paragraph (2)(d) of this section shall not be required to have paid any consideration to enter into such contract or other arrangement. See Delaware Code Title 6 Sec. 2551
• Franchised distributor: means an individual, partnership, corporation, or unincorporated association with a place of business within the State, and engaged in the business of:

  (a) Purchasing or taking on consignment products which bear the trademark or trade name of the manufacturer, producer or publisher for the primary purpose of selling such products to retail outlets; or

  (b) Selling in or through retail outlets products which bear the trademark or trade name of no more than 3 manufacturers, producers, publishers, trademark licensors, or trade name licensors; or

  (c) Purchasing or taking on consignment, books, magazines, journals, newspapers, or other publications for the primary purpose of selling such publications to retail outlets; or

  (d) Operating a service station, filling station, store, garage or other place of business for the sale of motor fuel for delivery into the service tank or tanks of any vehicle propelled by an internal combustion engine. See Delaware Code Title 6 Sec. 2551

• Franchisor: means an individual, partnership, corporation or unincorporated association in the business of:

  (a) Distributing or selling to one or more franchised distributors, on its own behalf or on behalf of another, products which bear the trademark or trade name of the manufacturer, producer or publisher; or

  (b) Licensing the use of one or more trademarks or trade names to one or more franchised distributors; or

  (c) Distributing or selling to one or more franchised distributors, on its own behalf or on behalf of another, books, magazines, journals, newspapers, and/or other publications published by it or by another; or

  (d) Producing or refining of petroleum products, or the producer or fabricator of any automotive products sold or distributed by a service station. See Delaware Code Title 6 Sec. 2551

• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Home food service plan: means a plan of food items or food items in combination with non-food items and/or service offered by the seller for profit and for sale in the consumer's home, whether or not a membership fee or similar charge is involved. See Delaware Code Title 6 Sec. 2587
• Infancy: means an age of less than 18 years. See Delaware Code Title 1 Sec. 302
• 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.
• Item price: means the price of a food or non-food item sold as part of a home food service plan, computed to the nearest tenth of 1 cent when less than $1. See Delaware Code Title 6 Sec. 2587
• 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
• Land: means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty. See Delaware Code Title 7 Sec. 5902
• Lease: means any lease, offer to lease or attempt to lease any merchandise for any consideration. See Delaware Code Title 6 Sec. 2511
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Lineal descendant: means any individual tracing their ancestry directly or by proven kinship. See Delaware Code Title 7 Sec. 5402
• Lineal descendant: Direct descendant of the same ancestors.
• Local telephone directory: means a telephone classified advertising directory or the business section of a telephone directory that is distributed free of charge to some or all telephone subscribers in a local area. See Delaware Code Title 6 Sec. 2511
• Local telephone number: means a telephone number that has the 3-number prefix(es) used by the telephone service company(ies) for telephones physically located within the area covered by the local telephone directory in which the number is listed. See Delaware Code Title 6 Sec. 2511
• Mark: means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement. See Delaware Code Title 6 Sec. 2531
• Medical Examiner: means as defined in Chapter 47 of Title 29. See Delaware Code Title 7 Sec. 5402
• 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
• Merchandise: means any objects, wares, goods, commodities, intangibles, real estate or services. See Delaware Code Title 6 Sec. 2511
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Non-food item: means each inedible product sold as part of a home food service plan, including, but not limited to, paper products, health and beauty products, detergents, cleaners and disinfectants, rolls of wrapping and like products. See Delaware Code Title 6 Sec. 2587
• Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
• Owner: means the possessor of a fee interest, tenant, lessee, occupant or person in control of the premises. See Delaware Code Title 7 Sec. 5902
• 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
• Person: includes an individual, corporation, trust, estate, partnership, unincorporated association, or any other legal or commercial entity. See Delaware Code Title 6 Sec. 2561
• Person: means an individual, corporation, partnership, trust, institution, association, or any other private entity or any officer or employee, agent, department, or instrumentality of the United States or of any state or political subdivision thereof. See Delaware Code Title 7 Sec. 5402
• Person: means an individual, corporation, government, or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership, unincorporated association, 2 or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Delaware Code Title 6 Sec. 2531
• Person: means an individual, corporation, government, or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership, unincorporated association, 2 or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Delaware Code Title 6 Sec. 2511
• Person: means any individual, organization, corporation, government, or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership, unincorporated association, limited liability company, limited liability partnership, 2 or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Delaware Code Title 6 Sec. 2593
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Primal source: means the following cuts:

  a. See Delaware Code Title 6 Sec. 2587

• Products: means any tangible items offered for sale irrespective of their nature, including, without limiting the generality of the term, all types of publications. See Delaware Code Title 6 Sec. 2551
• Professional archaeologist: means a person having all of the following qualifications:

  a. See Delaware Code Title 7 Sec. 5402

• Professional solicitor: means a person who, for financial consideration, solicits contributions for a charitable/fraternal purpose or on behalf of a charitable/fraternal organization, either personally or through agents or employees employed or designated for that purpose. See Delaware Code Title 6 Sec. 2593
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Proven kinship: means the relationship among individuals that exists because of genetic descent, which includes racial descent. See Delaware Code Title 7 Sec. 5402
• Pyramid or chain distribution scheme: means a sales device whereby a person, upon a condition that the person part with money, property or any other thing of value, is granted a franchise license, distributorship or other right which person may further perpetuate the pyramid or chain of persons who are granted such franchise, license, distributorship or right upon such condition. See Delaware Code Title 6 Sec. 2561
• remains: means any part of the body of a deceased human being in any stage of decomposition. See Delaware Code Title 7 Sec. 5402
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Residential real property: means any estate or interest in a manufactured housing lot or real property, improved by dwelling units for 1-4 families. See Delaware Code Title 6 Sec. 2571
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sale: means any sale, offer for sale or attempt to sell any merchandise for any consideration. See Delaware Code Title 6 Sec. 2511
• Seller: means any individual, partnership, corporation or trustee transferring residential real property. See Delaware Code Title 6 Sec. 2571
• Seller: means any person, partnership, corporation or association, however organized, engaged in the sale of a home food service plan. See Delaware Code Title 6 Sec. 2587
• Service charge: means the total price for any additional features, services and processing associated with the purchase of a home food service plan, whether stated in terms of membership fees or otherwise. See Delaware Code Title 6 Sec. 2587
• Skeletal analyst: means any individual having all of the following qualifications:

  a. See Delaware Code Title 7 Sec. 5402

• 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
• Subagent: means any individual, partnership, corporation or trustee defined as a broker or sales person in § 2901 of Title 24 acting on behalf of an agent. See Delaware Code Title 6 Sec. 2571
• Summons: Another word for subpoena used by the criminal justice system.
• Trade name: means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement used by a person to identify a business, vocation, or occupation and distinguish it from the business, vocation, or occupation of others. See Delaware Code Title 6 Sec. 2531
• Trademark: means a mark used by a person to identify goods and to distinguish them from the goods of others. See Delaware Code Title 6 Sec. 2531
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unfair practice: means any act or practice that causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition. See Delaware Code Title 6 Sec. 2511
• Unmarked human burial: means any interment of human skeletal remains for which there exists no grave marker or any other historical documentation providing information as to the identity of the deceased. See Delaware Code Title 7 Sec. 5402
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Verdict: The decision of a petit jury or a judge.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.