Actionable Claim - Law Dictionary Search Results
representative party
representative party a party who sues on behalf of the class in a class action. The claims or defenses of the representative party must be typical of the class, and the representative party … representative party a party who sues on behalf of the class in a class action. The claims or defenses of the representative party must be typical of the class, and the representative party must protect
due diligence
connection with the performance of a professional or fiduciary duty, or with regard to proceeding with a court action. Due care is used more often in connection with general tort actions. 2 a : the care that … with regard to proceeding with a court action. Due care is used more often in connection with general tort actions. 2 a : the care that a prudent person might be expected to exercise in the examination
Jactitation of marriage
Jactitation of marriage, means (1) False and action-able boasting or claiming that one is married to another (2) An action against a person who falsely boasts … Jactitation of marriage, means (1) False and action-able boasting or claiming that one is married to another (2) An action against a person who falsely boasts of being married
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Tolsey
Division provided the cause of action arose within 'the city and county of Bristol.' Whatever be the amount claimed. … Bristol. The Recorder of Bristol is the judge of this Court, and has jurisdiction over mixed and personal actions of a judge of the King's Bench Division provided the cause of action arose within 'the city and
Security for costs
resident within the jurisdiction. 6B. In actions brought by persons resident out of the jurisdiction where the plaintiff's claim is founded on a judgment or order or on a bill of exchange or other negotiable instrument, the … Security for costs. In certain cases a plaintiff, before proceeding with his action, may be required to give security for the costs of it. The principal cases in which security may
Peace, Bill of
claimed and which, from its nature, might be controverted by different persons at different times and by different actions; or where separate attempts had already been unsuccessfully made to overthrow the same right, and justice required that … litigation, and protection from a multiplicity of suits, either by establishing and perpetuating a right which the plaintiff claimed and which, from its nature, might be controverted by different persons at different times and by different actions;
Misfeasance and non-feasance
give rise to tort but in the case of non-feasance several factors require consideration for giving rise to actionable negligence, Rajkot Municipal Corporation v. Manjulaben Jayantilal Nakum, (1997) 9 SCC 552 (582) … to careless conduct, to the person/property of plaintiff. He has knowledge that the act may give rise to tort but in the case of non-feasance several factors require consideration for giving rise to actionable negligence, Rajkot Municipal
accrue
of accreu, past participle of acreistre to increase] vi 1 : to come into existence as an enforceable claim : vest as a right [action…does not until the plaintiff knew or reasonably should have known that he … may have suffered injury "National Law Journal"] NOTE: Statutes of limitations begin to run when a cause of action accrues. 2 : to come by way of increase or addition : arise as a growth or result
indispensable
indispensable : having rights so connected to the claims of the parties to an action that the action cannot be adjudicated without affecting those rights see also indispensable party at party … indispensable : having rights so connected to the claims of the parties to an action that the action cannot be adjudicated without affecting those rights see also
Equitable mortgage
P 282. An equitable mortgage being a contract for a mort-gage, the mortgagee might file a bill or claim in Equity, either for a legal mortgage, a foreclosure and conveyance, or a sale; and may now bring … the subject of the mortgage is an equity of redemption, which is merely a right to bring an action in the Chancery Division to redeem the estate. Now under the (English) L.P. Act, 1925, Sched. I., Parts
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