Anticipation - Law Dictionary Search Results
Home Dictionary Name: anticipation Page: 5Domo reparanda
Domo reparanda, a writ that lay for one against his neighbour, by the anticipated fall of whose house he feared a damage and injury to his own, Reg. Brev. 153....
Expectant heir
Expectant heir. A person to whom property will accrue on the death of another person. expectant heirs wishing to anticipate this property have frequently borrowed money, to be repaid when the expected property shall devolve upon them. From the uncertainty of this period, the unsoundness of the security which the expectant heir can offer, and from the pressing character of his immediate necessities, the rate of interest is necessarily higher than that upon an ordinary loan, and is frequently very much higher than the risk run by the lender requires. At Common Law all such loans are good, and the interest upon them, however high, recoverable. By the Usury Acts, indeed-which, however, did not apply to loans to expectant heirs with any greater rigour than to loans to other persons'they were for a long period of yeas subject to the restriction that only a fixed maximum rate of interest could be exacted, but the Usury Acts were repealed in 1854 by 17 & 18 Vict. c. 90. See USURY.From very ear...
Force majeure
Force majeure, irresistible compulsion, coercion diplomatically recognized as irresistible, Concise Oxford Dict. Compare ACT OF GOD; RESTRAINT OF PRINCES.An event or effect that can be neither anticipated no controlled, Black's Law Dictionary, p. 657.The expression 'force majeure' is not a mere French version of the Latin expression 'vis major'. It is undoubtedly a term of wider import. Difficulties have arisen in the past as to what could legitimately be included in 'force majeure'. Judges have agreed that strikes, breakdown of machinery, which, though normally not included in 'vis major' are included in 'force majeure'. An analysis of rulings on the subject into which it is not necessary in this case to go, shows that where reference is made to 'force majeure', the intention is to save the performing party from the consequences of anything over which he has no control. This is the widest meaning that can be given to 'force majeure', Dhanrajamal Gobindram v. Shamji Kalidas and Co., AI...
Re-examination
Re-examination, an examination of a witness after a cross-examination upon matters arising out of such cross-examination. If the re-examination disclose new matter which the cross-examining party could not anticipate, the Court in its discretion may permit him to cross-examine upon it....
Hoard
Hoard, to amass and deposit in secret, Kamla Prasad v. The District Magistrate Saran, AIR 1975 SC 726: (1975) 1 SCC 314. [Bihar Essential Commodities other than Foodgrains Prices and Stocks (Display and Control) Order, 1967]To acquire and hold (Goods) by and one's reason-able needs, usu. because of an actual or anticipated short or price increase, Black's Law Dictionary, 7th Edn....
Publication
Publication, divulgation; proclamation; also 'the communication of defamatory words to some person or persons other than the person defamed' (Odgers on Libel).The publication of fair reports of legal proceedings in Court (other than ex parte proceedings) is a Common Law right exempt from proceedings for libel.As to the publication of an apology for libel in a newspaper, see LIBEL.Is essential in an action of defamation that the publication be to a third person, though the law is otherwise in Scotland. Thus, there can be no publication as between husband and wife, Wennhak v. Morgan, (1888) 20 QBD 635; but publication can be made to either husband or wife respecting the other, Jones v. Williams, (1888) 1 TLR 572. The third party to whom the matter is published may be in the position of a servant or clerk, Edmondson v. Birch & Co., (1907) 1 KB 371, but see Osborn v. Boulter & Son, (1930) 2 KB 226; but must be able to understand the defamatory character of the matter, Sadgrove v. Hole, (19...
Reserve and provision
Reserve and provision, the expression 'reserve' has not been defined in the Act and therefore one would be inclined to resort to its ordinary natural meaning as given in the dictionary but it seems to us that the dictionary meaning, though useful in itself, may not be sufficient, for, the dictionaries do not make any distinction between the two concepts 'reserve' and 'provision' which giving their primary meanings, whereas in the context of the legislation with which we are concerned in the case a clear distinction between the two is implied. According to the dictionaries (both Oxford and Webster) the applicable primary meaning of the word 'reserve' is: 'to keep for future use or enjoyment; to set apart for some propose or end in view; to keep in store for future or special use; to keep in reserve', while 'provision' according to Webster means: 'something provided for future'. In other words according to the dictionary meanings both the words are more or less synonymous and connote the...
Vested
Vested, the word 'vested' is defined in Black's Law Dictionary (7th Edn,) at p. 1557 as: 'Vested; fixed; accrued; settled; absolute; complete. Having the character or given the rights of absolute ownership; not contingent; not subject to be defeated by a condition precedent. 'Rights are 'vested' when right to enjoyment, present or prospective, has become property of some particular person or persons as present interest; mere expectancy of future benefits, or contingent interest in property founded on anticipated continuance of existing laws, does not constitute vested rights. In Webster's Comprehensive Dictionary, (International Edn.) 1397 'vested' is defined as: '[L] aw held by a tenure subject to no contingency; complete; established by law as a permanent right; vested interests', Bibi Sayeeda v. State of Bihar, AIR 1996 SC 1936 (1941): (1996) 9 SCC 516. [Bihar Land Reforms Act, 1950 (30 of 1950), s.4 (a)]...
Prevene
To come before to anticipate hence to hinder to prevent...
Preventer
One who goes before one who forestalls or anticipates another...
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