PART - The Law Mind Legal Dictionary

PARTAuthored

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Definition

"Part" is a term of general application in law, carrying three distinct but related meanings depending on context:

A portion, share, or fraction of a whole. In conveyancing, property law, and commercial transactions, "part" denotes a divided or separable interest in something larger — as in part payment (a partial tender of a debt), part performance (partial execution of a contractual obligation), or a part of an estate or fund distributed among multiple parties.

One of two or more duplicate originals of a deed, conveyance, or covenant. In older conveyancing practice, a transaction was commonly evidenced by two physically identical instruments: one held by each party. The instrument in the hands of the grantee or obligee was called the "part"; the corresponding instrument retained by the grantor or obligor was the "counterpart." Together, the two parts constituted the complete transaction record.

A formally designated subdivision of a statute, code, regulation, or multi-component program. In modern legislative drafting, "Part" functions as a structural unit — typically larger than a section but smaller than a title or chapter — used to organize bodies of law. Federal administrative codes, Medicare's coverage divisions (Parts A through D), and multi-part insurance policies all use "part" in this structural sense.

Common Language

Modern common usage (Wiktionary): To divide, separate, share, or leave; or as a noun, a fragment, portion, or constituent of a larger whole.

Historical common usage (Webster's 1913): "One of the portions, equal or unequal, into which anything is divided, or regarded as divided; something less than a whole; a number, quantity, mass, or the like, regarded as going to make up, with others, a larger number, quantity, mass, etc."

The common and legal meanings share a core sense of division and partiality. The meaningful gap lies in the conveyancing use: when historical legal documents refer to "the part" of an indenture, they mean a specific physical instrument — one of two duplicate originals — not simply "a portion" of the text. A researcher unfamiliar with this usage may misread a reference to "part" and "counterpart" as describing two unequal pieces rather than two identical duplicates.

Recognized Forms

/SUBTYPES

Part payment: Partial tender of a sum owed; may affect accrual of interest, trigger cure rights, or restart limitations periods depending on the governing instrument and jurisdiction.

Part performance: Partial execution of a contract's obligations. In equity, sufficient part performance of an oral agreement for the sale of land could remove the transaction from the Statute of Frauds and compel specific performance.

Counterpart: The companion instrument to a "part" in an indenture or deed. Each party retains one; together they constitute the full evidentiary record of the transaction.

Purpart (also purparty): A share of an estate assigned to a coparcener upon partition. Bouvier cross-references "part" to this concept, signaling that in partition contexts the terms overlap.

Structural part (statutory): A numbered or lettered subdivision within a legislative or regulatory scheme (e.g., Part IV of a statute; Medicare Part B).

Why It Matters in Research

The conveyancing meaning of "part" as one of two duplicate originals is largely invisible to modern researchers but appears constantly in pre-twentieth-century deed records, equity pleadings, and property case law. When a historical court refers to "the part produced in evidence" or asks whether the counterpart was executed, it is addressing authentication and completeness of the instrument — not analyzing a fractional interest. Misreading this usage can distort analysis of historical title chains and contract disputes.

Part performance is a research crossroads: the doctrine touches contract law (Statute of Frauds), equity jurisdiction, and real property simultaneously. Corpus materials treating part performance under contracts may be indexed separately from materials treating it under equity or conveyancing, and the doctrinal standard for what counts as sufficient part performance varies across those traditions.

In statutory and regulatory research, "Part" as a structural label creates a navigation problem when the same body of law uses "Part," "Subpart," "Chapter," and "Title" inconsistently across editions. Medicare's division into Parts A through D is a well-known example, but many federal regulatory schemes use "Part" as the primary CFR organizational unit, making Part-level citation essential to locating current rules.

Bouvier's cross-reference to FOUNDERS' SHARES and PREFERRED signals that "part" also operates in the corporate and securities context to describe fractional or preferential ownership interests — a usage that bridges property and commercial law traditions.

Historical Dictionary Support

Black's (2nd Ed.) captures two of the three core meanings with reasonable precision: the general sense of "portion, share, or purpart," and the specific conveyancing sense of one of two duplicate originals. The citation to Cairo v. Bross anchors the "part payment, part performance" usage in the partial-or-incomplete sense. What Black's does not address is the structural statutory sense, which had not yet become a dominant drafting convention when the second edition was compiled.

Bouvier's is notably sparse, redirecting to FOUNDERS' SHARES and PREFERRED without defining "part" independently. This signals that Bouvier treated the term as sufficiently general to need no standalone definition, while flagging that corporate share-division was a live application in commercial practice of his era.

Neither historical dictionary addresses the modern statutory/regulatory "Part" as a drafting unit — an absence that reflects the enormous growth of the administrative state after both dictionaries were written. Researchers relying solely on these sources for statutory interpretation will find the structural sense entirely unaddressed.

Jurisdictional Note

Part performance as a doctrine avoiding the Statute of Frauds is recognized across common-law jurisdictions but with varying standards: some require that the acts of performance be unequivocally referable to the alleged contract; others require only that enforcement be necessary to prevent fraud or unjust enrichment. Researchers should not assume uniform doctrine across U.S. states or between U.S. and English authorities.

Encyclopedia Cross-Reference

torts_84: Products Liability — Component Part Manufacturer Liability (The Law Mind Torts & Personal Injury Encyclopedia) [for the "part" as component in products liability analysis]

family_171: Domestic Violence — Emergency / Ex Parte Orders of Protection (The Law Mind Family Law Encyclopedia) [for "ex parte" as a compound legal term built on the Latin equivalent of "part"]

health_47: Medicare — Structure, Coverage, and the Administration of Parts A through D (The Law Mind Health Law & Bioethics Encyclopedia) [for "Part" as a structural label in the Medicare statutory scheme]

PARTcrossref

Bouvier's Law Dictionary • 1928

See FOUNDERS' SHARES; PREFERRED

Partmain

Black's Law Dictionary (2nd Ed.) - Supplemental • 1910

A portion, share, or purpart one of two duplicate originals of a convey-ance or covenant, the other being called “counterpart." Also, in composition, partial or incomplete; as part payment, part per-formance. Cairo v. Bross, 9 111. App. 406

PARTn.

Websters Unabridged Dictionary (1913) • 1913

One of the portions, equal or unequal, into which anything is divided, or regarded as divided; something less than a whole; a number, quantity, mass, or the like, regarded as going to make up, with others, a larger number, quantity, mass, etc., whether actually separate or not; a piece; a fragment; a fraction; a division; a member; a constituent. And kept back part of the price, . . . and brought a certain part and laid it at the apostles'feet. Acts v. 2. Our ideas of extension and number -- do they not contain a secret relation of the parts Locke. I am a part of all that I have met. Tennyson. Hence, specifically: An equal constituent portion; one of several or many like quantities, numbers, etc., into which anything is divided, or of which it is composed; proportional division or ingredient. An homer is the tenth part of an ephah. Ex. xvi. 36. A thought which, quartered, hath but one part wisdom, And ever three parts coward. Shak. A constituent portion of a living or spiritual whole; a member; an organ; an essential element. All the parts were formed . . . into one harmonious body. Locke. The pulse, the glow of every part. Keble. A constituent of character or capacity; quality; faculty; talent; -- usually in the plural with a collective sense. "Men of considerable parts." Burke. "Great quickness of parts." Macaulay. Which maintained so politic a state of evil, that they will not admit any good part to intermingle with them. Shak. Quarter; region; district; -- usually in the plural. "The uttermost part of the heaven." Neh. i. 9. All parts resound with tumults, plaints, and fears. Dryden. Such portion of any quantity, as when taken a certain number of times, will exactly make that quantity; as, 3 is a part of 12; -- the opposite of multiple. Also, a line or other element of a geometrical figure. That which belongs to one, or which is assumed by one, or which falls to one, in a division or apportionment; share; portion; lot; interest; concern; duty; office. We have no part in David. 2 Sam. xx. 1. Accuse not Nature! she hath done her part; Do thou but thine. Milton. Let me bear My part of danger with an equal share. Dryden. Hence, specifically: One of the opposing parties or sides in a conflict or a controversy; a faction. For he that is not against us is on our part. Mark ix. 40. Make whole kingdoms take her brother's part. Waller. A particular character in a drama or a play; an assumed personification; also, the language, actions, and influence of a character or an actor in a play; or, figuratively, in real life. See To act a part, under Act. That part Was aptly fitted and naturally performed. Shak. It was a brute part of him to kill so capital a calf. Shak. Honor and shame from no condition rise; Act well your part, there all the honor lies. Pope. One of the different melodies of a concerted composition, which heard in union compose its harmony; also, the music for each voice or instrument; as, the treble, tenor, or bass part; the violin part, etc. For my part, so far as concerns me; for my share.  -- For the most part. See under Most, a.  -- In good part, as well done; favorably; acceptably; in a friendly manner. Hooker. In ill part, unfavorably; with displeasure.  -- In part, in some degree; partly.  -- Part and parcel, an essential or constituent portion; -- a reduplicative phrase. Cf. might and main, kith and kin, etc. "She was . . . part and parcel of the race and place." Howitt.  -- Part of speech (Gram.), a sort or class of words of a particular character; thus, the noun is a part of speech denoting the name of a thing; the verb is a part of speech which asserts something of the subject of a sentence.  -- Part owner (Law), one of several owners or tenants in common. See Joint tenant, under Joint.  -- Part singing, singing in which two or more of the harmonic parts are taken.  -- Part song, a song in two or more (commonly four) distinct vocal parts. "A part song differs from a madrigal in its exclusion of contrapuntual devices; from a glee, in its being sung by many voices, instead of by one only, to each part." Stainer & Barrett.

PARTv.

Websters Unabridged Dictionary (1913) • 1913

To divide; to separate into distinct parts; to break into two or more parts or pieces; to sever. "Thou shalt part it in pieces." Lev. ii. 6. There, [celestial love] parted into rainbow hues. Keble. To divide into shares; to divide and distribute; to allot; to apportion; to share. To part his throne, and share his heaven with thee. Pope. They parted my raiment among them. John xix. 24. To separate or disunite; to cause to go apart; to remove from contact or contiguity; to sunder. The Lord do so to me, and more also, if aught but death part thee and me. Ruth i. 17. While he blessed them, he was parted from them, and carried up into heaven. Luke xxiv. 51. The narrow seas that part The French and English. Shak. Hence: To hold apart; to stand between; to intervene betwixt, as combatants. The stumbling night did part our weary powers. Shak. To separate by a process of extraction, elimination, or secretion; as, to part gold from silver. The liver minds his own affair, . . . And parts and strains the vital juices. Prior. To leave; to quit. [Obs.] Since presently your souls must part your bodies. Shak. To part a cable (Naut.), to break it.  -- To part company, to separate, as travelers or companions.

PARTv.

Websters Unabridged Dictionary (1913) • 1913

To be broken or divided into parts or pieces; to break; to become separated; to go asunder; as, rope parts; his hair parts in the middle. To go away; to depart; to take leave; to quit each other; hence, to die; -- often with from. He wrung Bassanio's hand, and so they parted. Shak. He owned that he had parted from the duke only a few hours before. Macaulay. His precious bag, which he would by no means part from. G. Eliot. To perform an act of parting; to relinquish a connection of any kind; -- followed by with or from. Celia, for thy sake, I part With all that grew so near my heart. Waller. Powerful hands . . . will not part Easily from possession won with arms. Milton. It was strange to him that a father should feel no tenderness at parting with an only son. A. Trollope. To have a part or share; to partake. [Obs.] "They shall part alike." 1 Sam. xxx. 24.

partverb

Wiktionary (English) • 2026

Wiktionary contributors • CC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.

To leave the company of. | To cut hair with a parting. | To divide in two. | To be divided in two or separated. | To divide up; to share. | To have a part or share; to partake. | To separate or disunite; to remove from contact or contiguity; to sunder. | To hold apart; to stand or intervene between. | To separate by a process of extraction, elimination, or secretion. | To leave; to quit. | To leave (an IRC channel).

partadv

Wiktionary (English) • 2026

Partly; partially; fractionally. | to a partial degree.

partnoun

Wiktionary (English) • 2026

A portion; a component. | A fraction of a whole. | A portion; a component. | A distinct element of something larger. | A portion; a component. | A group inside a larger group. | A portion; a component. | Share, especially of a profit. | A portion; a component. | A unit of relative proportion in a mixture. | A portion; a component. | 3.5 centiliters of one ingredient in a mixed drink. | A portion; a component. | A section of a document. | A portion; a component. | A section of land; an area of a country or other territory; region. | A portion; a component. | A factor. | A portion; a component. | A room in a public building, especially a courtroom. | A portion; a component. | A private part; genitalia. | Duty; responsibility. | Duty; responsibility. | Position or role (especially in a play). | Duty; responsibility. | The melody played or sung by a particular instrument, voice, or group of instruments or voices, within a polyphonic piece. | Duty; responsibility. | Each of two contrasting sides of an argument, debate etc.; "hand". | The dividing line formed by combing the hair in different directions. | In the Hebrew lunisolar calendar, a unit of time equivalent to 3⅓ seconds. | A constituent of character or capacity; quality; faculty; talent; usually in the plural with a collective sense.

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