Actionable Claim - Law Dictionary Search Results

By the Law Reform (Miscellaneous Provisions) Act, 1934 (24 & 25 Geo. 5, c. 41), all causes of action shall with certain exceptions survive on the death (after the 24th July, 1934) of any person against or … than one action against joint or several tortfeasors in respect of damages which are the result of a tort and provides for contribution between the tortfeasors. By s. 6 of the L.R. Act, 1935:- (1) Where damage

Passing off

calculated to lead to deception. Passing-off is said to be a species of unfair trade competition or of actionable unfair trading by which one person, through deception, attempts to obtain an economic benefit of the reputation which … for himself in a particular trade or business. The action is regarded as an action for deceit. The tort of passing-off involves a misrepresentation made by a trader to his prospective customers calculated to injure, as a

Keep your definitions linked to case research

Try free for 7 days See all features

preclude

the creation of common-law marriages in this jurisdiction]: as a : to prevent (a party) from litigating an action or claim esp. by collateral estoppel or res judicata [they are precluded only because they failed to assert…the

Set-off

subject of a set-off under the former practice was a cross debt or claim, on which a separate action might be sustained, due to the party defendant from the party plaintiff. It was a defence crated by

Actio personalis moritur cum persona.

character or seduction or for inducing one spouse to leave or remain apart from the other or to claims for damages on the ground of adultery; and see LAW REFORM. --Kakumanu Pedasobhoyya v. Kakumanu Akkamma, 1959 SCR … Actio personalis moritur cum persona. A personal action dies with the person, i.e., the right to sue is gone. 'As if battery be done to a

dismissal

dismissal 1 : removal from a position or service 2 a : the termination of an action or claim usually before the presentation of evidence by the defendant in·vol·un·tary dismissal 1 : the dismissal of

res judicata

thing, matter, or determination that is adjudged or final: as a : a claim, issue, or cause of action that is settled by a judgment conclusive as to the rights, questions, and facts involved in the dispute

Nuisance

exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulsory by statute … one or two persons, it is a private--not a public--nuisance, and affords ground only for an action of tort. But that which is either in its nature or its consequences an injury or a damage to all

Damage

Damage, Any loss, whether actionable as an injury or not. See DAMNUM ABSQUE INJURIA. The expression 'damage' is not necessarily confined to physical … expression 'damage done by any ship' has been construed by the English Courts as not to apply to claims against the carrying ship for damage done to cargo, M.V. Elisabeth v. Harwan Investment and Trading (P) Ltd.,

Try the research workspace - 7 days free

Try free for 7 days