Actionable Claim - Law Dictionary Search Results
fraud
fraud in this entry intrinsic fraud : fraud (as by the use of false or forged documents, false claims, or perjured testimony) that deceives the trier of fact and results in a judgment in favor of the … : the crime or tort of committing fraud [convicted of securities ] see also misrepresentation NOTE: A tort action based on fraud is also referred to as an action of deceit. actual fraud : fraud committed with
Consideration
Consideration. Any act of the promisee (the person claiming the benefit of an obligation) from which the promisor (the person burdened with the obligation) or a stranger … whom it is made, and not the party for whose benefit it is made, who may maintain an action upon it. See Tweddle v. Atkinson, (1861) 1 B&S 393; Re Empress Engineering Co., (1880) 16 Ch D
release
obligation, liability, or responsibility [the debtor is released from all dischargeable debts] b : to give up (a claim, title, or right) to the benefit of another person : surrender 2 : to set free from confinement … on personal recognizance] n 1 a : discharge from an obligation or responsibility that bars a cause of action [did not effect a of the school for any negligence] b : the giving up or renunciation of
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Claim already made ......... cannot be maintained
Matched in: Term Claim already made ......... cannot be maintained
Claim
Matched in: Term Claim
Measure of damage
may be too remote to be the natural and probable consequence of that which constitutes the cause of action, and this will most frequently occur in actions of tort. Though unable to prove actual loss, a plaintiff … law is that in contract the measure of damage is the actual loss to the plaintiff, and in tort the compensation to the plaintiff for the loss or damage which it may be supposed be has suffered
Release
modern practice a release generally means a discharge under seal of a right of action, or of some claim or demand upon another person--most commonly, perhaps, the formal discharge given by beneficiaries to trustees on the winding-up … Release [fr. relaxtio, Lat.], a gift, discharge, or renunciation of a right of action (see SURETY CON-SIDERATION); also a Common Law conveyance of a larger estate, or a remainder, or reversion to
Mandamus
the fulfilment of some duty by the defendant he may in certain cases endorse his writ with a claim for a mandamus, either with or without a claim for other relief, and an order in such action … court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49-69.
Case, action on the
Case, action on the. The action on the case lay where a party sued for damages for any wrong or … of the writ 'indebitatus assumpsit, and although this cause of action has been assigned to the breach (a tort) of a promise and therefore in trespass the writ may also plausibly be ascribed to have been founded
Gurdwara property
from time to time, by any person or authority to the Gurdwaras or the Committee, and includes any actionable claim with respect to such Gurdwara property. [Delhi Sikh Gurdwaras Act, 1971 (82 of 1971), s. 2(g)]
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