PAY

10 definitions found across Law Mind sources

PAYAuthored
The Law Mind • 1453 words
Definition
To pay is to discharge a legal obligation by delivering to a creditor, obligee, or other entitled party the value called for by the underlying engagement — whether that value is money, goods, or services. The debt or obligation is discharged upon delivery and acceptance. As a noun, pay denotes compensation for services rendered. In military and public employment contexts, pay refers specifically to a fixed, legally defined amount owed to a person in service as consideration for personal performance of duties. Two primary senses operate in legal usage: 1. As a verb (general contract and debt law): To perform an obligation according to its terms. Payment need not be in coin or currency; delivery of goods, merchandise, or agreed-upon services can constitute payment if the obligation permits. What is essential is that the value delivered corresponds to the value the obligation demands. 2. As a noun (compensation law): A fixed or periodic sum given in exchange for services, particularly in employment, military, and public law contexts. In this sense, pay is a term of art carrying entitlement, rate, and timing implications governed by statute or contract.
Common Language
Modern common usage (Wiktionary): To give money or other compensation in exchange for goods or services; to discharge a debt or obligation; to be profitable or worthwhile; to yield a benefit; to suffer consequences. Historical common usage (Webster's 1913): To cover the bottom of a vessel, a seam, or a spar with tar, pitch, or waterproof composition — a nautical and shipbuilding term wholly unrelated to debt or compensation. The gap between common and legal meaning is narrow but consequential in one direction: ordinary usage accepts "pay" loosely to mean any transfer of money, while legal usage demands that what is delivered actually correspond to what the obligation requires. Tendering the wrong amount, the wrong form of value, or delivery to the wrong party may not constitute legal payment even if a transfer of something occurred. The Webster's 1913 nautical sense has no legal relevance and appears here only to flag that historical corpus searches using the word "pay" in maritime sources may return false positives.
Common Confusion
Pay vs. Tender: To pay is to complete the act of discharge; to tender is to offer performance. A tender that is refused does not pay the debt but may halt the accrual of interest or penalties and affect the creditor's remedies. These terms are frequently conflated in older sources. Pay vs. Satisfy: "Satisfaction" in older usage often implies payment in something other than the originally agreed form — full value delivered in a substitute form acceptable to the creditor. "Pay" implies delivery of the value originally called for. The distinction matters when analyzing historical releases and accord and satisfaction clauses. Pay vs. Compensate: In employment law, "pay" often refers to base wage or salary; "compensate" or "compensation" is the broader term encompassing pay, benefits, bonuses, and other remuneration. The Equal Pay Act's requirements run to pay in the narrower sense, not total compensation packages as such.
Recognized Forms
/SUBTYPES Longevity Pay: A statutory increment to military or public-employee pay based on years of service. Bouvier notes this as a recognized category. Payable in Trade: An obligation dischargeable in goods or commodities dealt in by the promisor rather than in currency. Pay-if-Paid: A construction contract provision making a subcontractor's right to payment contingent on the general contractor's actual receipt of payment from the owner — a condition precedent to the obligation arising at all. Pay-when-Paid: A construction contract provision setting the timing of payment to a subcontractor by reference to when the general contractor is paid, without eliminating the ultimate obligation — generally interpreted as a timing clause rather than a condition precedent.
Why It Matters in Research
The word "pay" is one of the most heavily freighted terms in the corpus, appearing across contract law, tax law, employment law, military law, construction law, and public benefits law with subtly different meanings in each context. Researchers must resist treating it as a single unified concept across sources. In historical sources, the question of what constitutes legal payment — whether goods, services, or instruments can discharge a money obligation — was actively contested. Older dictionary entries emphasize the necessity of delivering "value called for by the engagement," which forecloses arguments that any delivery of value constitutes payment. This language is directly relevant to disputes over payment by check, note, or barter. The pay-if-paid versus pay-when-paid distinction in construction subcontracts is jurisdictionally charged: some states void pay-if-paid clauses as against public policy, while others enforce them strictly. Researchers using the encyclopedia entry on flow-down provisions should treat jurisdictional variation as a primary variable, not a footnote. In employment and labor research, "pay" is a term of art under the Equal Pay Act and related statutes. Historical sources predate the statutory framework and use the term generically; researchers should not read statutory meaning backward into common law or pre-20th-century sources. Tax corpus researchers should note that "failure to pay" is a defined penalty trigger distinct from "failure to file" — these are separate penalty regimes with different accrual rules. Sources conflating the two should be read critically. Military pay research requires attention to the distinction between pay as statutory entitlement (fixed by law) and allowances, which are separately computed and carry different legal treatment. Bouvier's entry on pay is specific to the military statutory context; do not generalize it to civilian employment without care.
Historical Dictionary Support
The core definition is consistent across all four sources: payment requires delivery of the value called for by the obligation, and discharge occurs upon delivery and acceptance. Black's (both editions) and Bouvier's each trace this to the same New York authority. The agreement across sources on this foundational point is unusually clean. Anderson's is the only source to treat the verb sense with explicit breadth — "discharge an obligation by a performance according to its terms or requirements, whether the obligation be for money, merchandise, or services" — making it the most useful historical source for arguing that non-monetary performance can constitute legal payment. Bouvier's is the only source to address military pay as a distinct noun form, defining it as a "fixed and definite amount given by law." This limitation to a legally fixed sum is significant and distinguishes statutory military pay from contractual compensation in private employment. Anderson's also includes an entry on "pave" that was evidently cross-referenced through the same headword — a reminder that historical dictionaries sometimes grouped etymologically related but legally unrelated senses together. Researchers should not treat Anderson's paving discussion as relevant to payment doctrine. None of the historical sources anticipates the pay-if-paid or pay-when-paid construction contract distinction, the Equal Pay Act, or tax penalty regimes. These are 20th-century and later developments requiring resort to statutory and regulatory sources rather than the common law dictionary tradition.
Jurisdictional Note
Pay-if-paid clauses in construction subcontracts are unenforceable as against public policy in a number of states, which treat them as impermissible attempts to shift the owner's credit risk entirely onto subcontractors. Other jurisdictions enforce them as written. The pay-when-paid variant is more broadly enforced but is still subject to interpretation disputes. Researchers should verify current state law before characterizing either clause type as generally valid or invalid.
Encyclopedia Cross-Reference
Equal Pay Act (The Law Mind Employment & Labor Law Encyclopedia) Subcontracts — Flow-Down Provisions, Pay-if-Paid vs. Pay-when-Paid, and Scope of Work (The Law Mind Real Estate Transactions & Construction Encyclopedia) Failure to Pay Penalty (The Law Mind Tax Encyclopedia)
Related Terms
Payment — the completed act; the noun form of the transaction Tender — offer of performance; precursor to payment Satisfaction — discharge by substitute performance Accord and Satisfaction — agreement to accept substitute performance plus the execution of that agreement Compensation — broader term encompassing all remuneration for services Wages — pay for laborparticularly under statutory frameworks Salary — fixed periodic paytypically for non-hourly employment Military Pay — statutory compensation for service members Longevity Pay — service-based pay increment Debt — the obligation payment discharges Discharge — the legal effect of completed payment Creditor — the party to whom payment is owed Obligee — the party entitled to performance of any obligationincluding payment Pay-if-Paid — construction contract condition precedent Pay-when-Paid — construction contract timing provision Equal Pay Act — federal statute regulating pay differentials by sex
PAYmain
Black's Law Dictionary • 1891
To pay is to deliver to a creditor the value of a debt, either in money or in goods, for his acceptance, by which the debt is dis- charged. 36 N. Y. 522.
PAYmain
Black's Law Dictionary (2nd Ed.) • 1910
To pay is to deliver to a creditor the value of a debt, either in money or in goods, for his acceptance, by which the debt is discharged. Beals v. Home Ins. Co., 36 N. Y. 522.
PAYmain
Anderson's Dictionary of Law • 1890
Power to pave a street may include, as not unusual, macadamizing and making gutters; 1 also raising and lowering parts of the street.2 But an order to grade a street does not authorize macadamizing it. See REPAIR, 2; SIDEWALK. υ. Το discharge an obligation by a performance according to its terms or requirements, whether the obligation be for money, merchandise, or services.2 To deliver to a creditor the value of a debt, in either money or goods, to his acceptance, by which the debt is discharged.3 n. Money, other property, or services, accepted in discharge of an obligation: as, an amount given to a person in the military service, in consideration of personal service. 4 See FIX, 3. Payable. Dischargeable by delivery of an equivalent in value, usually in money; also, due in present time, matured. See DUE. Payee. He to whom payment has been or is to be made. Payer. He who makes or ought to make payment. Payor is rare. Payee refers, in particular, to the person in whose favor a bill of exchange, check, or draft is drawn. Repay. May be synonymous with "restore." 5 Unpaid. Is more commonly applied to a debt due than to a debt undue.6 Payment. 1. Delivery by a debtor to his creditor of the amount due.7 Opposed, nonpayment. That is payment which the parties contract shall be accepted as payment. It may be made in something else than money.8 Originally, the performance of a promise to pay money, at the time and in the manner required by the terms of the contract; but has been extended to include the delivery of money in satisfaction of a debt after default made in paying according to the contract.9 If a commodity, like wood, is accepted, upon a note for money, in pursuance of a subsequent agreement, the transaction constitutes an "accord and satisfaction.". Implies a voluntary act by the debtor looking to the satisfaction, in whole or in part, of the demand. 10 1F. paier, payer, to content: L. pacere, to pacify, appease. 2 Tolman v. Manufacturers' Ins. Co., 1 Cush. 76 (1848), Forbes, J. 3 [Beals v. Home Ins. Co., 36 N. Y. 527 (1867), Hunt, J.; 15 Barb. 274. See Sherburne v. United States, 16 Ct. Cl. 496 (1880). • Dunnegan v. United States, 17 Ct. Cl. 258 (1881). * Sloane v. Anderson, 57 Wis. 133 (1883). 7 [Bronson v. Rodes, 7 Wall, 250 (1868), Chase, C. J. 8 Huffmans v. Walker, 26 Gratt. 316 (1875). • Ulsch v. Muller, 143 Mass. 379 (1887), Field, J. 10 Detroit, &c. R. Co. v. Smith, 50 Mich. 113 (1883); Bradford Academy v. Grover, 55 Vt. 465 (1883). See
PAYv.
Websters Unabridged Dictionary (1913) • 1913
To cover, as bottom of a vessel, a seam, a spar, etc., with tar or pitch, or waterproof composition of tallow, resin, etc.; to smear.
PAYv.
Websters Unabridged Dictionary (1913) • 1913
To satisfy, or content; specifically, to satisfy (another person) for service rendered, property delivered, etc.; to discharge one's obligation to; to make due return to; to compensate; to remunerate; to recompense; to requite; as, to pay workmen or servants. May no penny ale them pay [i. e., satisfy]. P. Plowman. [She] pays me with disdain. Dryden. Hence, figuratively: To compensate justly; to requite according to merit; to reward; to punish; to retort or retaliate upon. For which, or pay me quickly, or I'll pay you. B. Jonson. To discharge, as a debt, demand, or obligation, by giving or doing what is due or required; to deliver the amount or value of to the person to whom it is owing; to discharge a debt by delivering (money owed). "Pay me that thou owest." Matt. xviii. 28. Have patience with me, and I will pay thee all. Matt. xviii. 26. If they pay this tax, they starve. Tennyson. To discharge or fulfill, as a duy; to perform or render duty, as that which has been promised. This day have I paid my vows. Prov. vii. 14. To give or offer, without an implied obligation; as, to pay attention; to pay a visit. Not paying me a welcome. Shak. To pay off. (a) To make compensation to and discharge; as, to pay off the crew of a ship. (b) To allow (a thread, cord, etc.) to run off; to unwind. -- To pay one's duty, to render homage, as to a sovereign or other superior. -- To pay out (Naut.), to pass out; hence, to slacken; to allow to run out; as, to pay out more cable. See under Cable. -- To pay the piper, to bear the cost, expense, or trouble. [Colloq.]
PAYv.
Websters Unabridged Dictionary (1913) • 1913
To give a recompense; to make payment, requital, or satisfaction; to discharge a debt. The wicked borroweth, and payeth not again. Ps. xxxvii. 21. Hence, to make or secure suitable return for expense or trouble; to be remunerative or profitable; to be worth the effort or pains required; as, it will pay to ride; it will pay to wait; politeness always pays. To pay for. (a) To make amends for; to atone for; as, men often pay for their mistakes with loss of property or reputation, sometimes with life. (b) To give an equivalent for; to bear the expense of; to be mulcted on account of. 'T was I paid for your sleeps; I watched your wakings. Beau. & Fl. -- To pay off. Etym: [Etymol. uncertain.] (Naut.) To fall to leeward, as the head of a vessel under sail. -- To pay on. Etym: [Etymol. uncertain.] To beat with vigor; to redouble blows. [Colloq.] -- To pay round Etym: [Etymol. uncertain.] (Naut.) To turn the ship's head.
payverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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To give money or other compensation to in exchange for goods or services. | To discharge, as a debt or other obligation, by giving or doing what is due or required. | To be profitable for. | To yield as a benefit. | To give (something else than money). | To be profitable or worth the effort. | To discharge an obligation or debt. | To suffer consequences. | To admit that a joke, punchline, etc., was funny.
payverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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To cover (the bottom of a vessel, a seam, a spar, etc.) with tar or pitch, or a waterproof composition of tallow, resin, etc.; to smear.
paynoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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Money given in return for work; salary or wages. | A paying job; a paying concern.

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