Any Liability - Law Dictionary Search Results
Home Dictionary Name: any liability Page: 2Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
defense
defense 1 : the act or action of defending see also self-defense 2 a : the theory or ground that forms the basis for a defendant's opposition to an allegation in a complaint or to a charge in a charging instrument (as an indictment) ;also : the evidence and arguments presented supporting the defendant's opposition see also accord, alibi, assumption of risk, coercion, consent contributory negligence at negligence, denial, diminished capacity, duress, entrapment, estoppel, fraud, infancy, insanity, intoxication, laches, mistake, necessity, res judicata, statute of limitations absolute defense : complete defense in this entry af·fir·ma·tive defense : a defense that does not deny the truth of the allegations against the defendant but gives some other reason (as insanity, assumption of risk, or expiration of the statute of limitations) why the defendant cannot be held liable NOTE: The defendant bears the burden of proof as to affirmative defenses. choice of evils d...
Hire purchase
A contract more fully called contract of hire with an option of purchase in which a person hires goods for a specified period and at a fixed rent with the added condition that if he shall retain the goods for the full period and pay all the installments of rent as they become due the contract shall determine and the title vest absolutely in him and that if he chooses he may at any time during the term surrender the goods and be quit of any liability for future installments upon the contract In the United States such a contract is generally treated as a conditional sale and the term hire purchase is also sometimes applied to a contract in which the hirer is not free to avoid future liability by surrender of the goods In England however if the hirer does not have this right the contract is a sale...
Chit
Chit, means a transaction whether called chit, chit fund, Chitty, kuri or by any other name by or under which a person enters into an agreement with a specified number of persons that every one of them shall subscribe a certain sum of money (or a certain quantity of grain instead) by way of periodical instalments over a definite period and that each such subscriber shall, in his turn, as determined by lot or by auction or by tender or in such other manner as may be specified in the chit agreement, be entitled to the prize amount.Explanation.--A transaction is not a chit within the meaning of this clause, if in such transaction,--(i) some alone, but not all, of the subscribers get the prize amount without any liability to pay future subscriptions; or(ii) all the subscribers get the chit amount by turns with a liability to pay future subscriptions. [Chit Funds Act, 1982 (40 of 1982), s. 2(b)]...
Separate estate
Separate estate. The Common Law did not allow a married woman to posses any property independently of her husband, but when property was settled to her separate use and benefit, equity treated her, in respect to that property, as a feme sole, or unmarried woman. A wife's separate property might be acquired by a pre-nuptial contract with her husband, or by gift, either from the husband, or from any other person. the (English) Married Women's Property Act, 1882 (see MARRIED WOMEN'S PROPERTY), almost abolished the Common Law distinction between married and unmarried women in respect of property, and the amending (English) Act of 1893 (56 & 57 Vict. c. 63) provided (s. 1) that:-1. Every contract hereafter entered into by a married woman otherwise than as agent,(a) shall be deemed to be a contract entered into by her with respect to and to bind her separate property whether she is or is not in fact possessed of or entitled to any separate property at the time when she enters into such contr...
Public trustee
Public trustee. The office of Public Trustee was established by the (English) Public Trustee Act, 1906, which came into force on 1st January, 1908. The Public Trustee is a corporation sole, and may if he thinks fit act in the administration of estates of deceased persons if under one thousand pounds; act as custodian trustee [see that title, and Re Cherry's Trusts, (1914) 1 Ch 83]; act as an ordinary trustee; be appointed to be a judicial trustee (see that title); be appointed administrator of the property of a convict under the Forfeiture Act, 1870; and he may also be appointed an executor and obtain a grant of probate (s. 5). He may be appointed a trustee whether the trust instrument came into operation before or after the Act, and either as an original or a new trustee, or as an additional trustee, in the same cases and manner and by the same persons or Court as if he were a private trustee, with this addition--that he may be appointed sole trustee although the trustees originally a...
Accident
Accident, anything that happens, an unforeseen or unexpected event, a chance, a mishap, an extraordinary incident; something not expected. It is also a head of equitable jurisdiction, which was concurrent with that of the Courts of Law.Means an unlook for mishap or an untoward event which is not expected or designed, Fenton v. Thorley & Co. Ltd., 1903 AC 443: 72 LJKP 787: 89 LT 314 (HL).The meaning to be attached to the word accident,' in relation to equitable relief, is some unforeseen and undersigned event, productive of disadvantage and not due to negligence or misconduct on the part of the person seeking relief. The cases in which equity may give relief under certain conditions are (1) lost or destroyed documents. (2) Imperfect execution of powers. (3) Erroneous payments, e.g., by personal representatives.In logic, something, in any subject, person, or thing not belonging to the essence. See ESSENCE.The popular and ordinary sense of the word 'accident' means the mishap or an untowa...
Repeal
Repeal, a revocation or abrogation. Repeal of one act of Parliament by another is either express or implied, the rule being that a later Act repeals a former one if contradictory thereto, Leges posteriores priores contrarias abrogant. By s. 11 of the Inter-pretation Act, 1889, re-enacting s. 5 of Lord Brougham's Act (13 Vict. c. 21), where an Act passed after 1850 repeals a repealing enactment, it does not revive any enactment previously repealed. And by s. 38 of the same Act, where any Act passed after January 1st, 1890, repeals and re-enacts any provisions of a former Act, references in any other Act to the provisions so repealed are to be construed as references to the provisions so re-enacted, as had been already specially provided in the consolidating Public Health Act, 1875, by s. 313, and Factory and Workshop Act, 1878, by s. 102, and see R. v. Minister of Health, Ex p. Villiers, (1936) 2 KB 29.Abrogation of an existing law by legislative act, Black's Law Dictionary, 7th Edn., p...
Marine adventure
Marine adventure, includes any adventure where-(i) any insurable property is exposed to maritime perils; (ii) the earnings or acquisition of any freight, passage money, commission, profit or other pecuniary benefit, or the security for any advances, loans, or disbursements is endangered by the exposure of insurable property to maritime perils; (iii) any liability to a third party may be incurred by the owner of, or other person interested in or responsible for, insurable property by reason of maritime perils. [Marine Insurance Act, 1963 (11 of 1963), s. 2(d)]...
Things done, action taken and right accrued
Things done, action taken and right accrued, what is unaffected by the repeal of a statute is a right acquired or accrued under it and not a mere 'hope or expectation of'. It must be mentioned that the object of s. 31(2)(i) is to preserve only the things done and action taken under the repealed Ordinance, and not the rights and privileges acquired and accrued on the one side, and the corresponding obligation or liability incurred on the other side, so that if no rights acquired under the repealed ordinance was preserved, there is no question of any liability being enforced, M.S. Shivananda v. Karnataka State Road Transport Corporation, AIR 1980 SC 77 (81): (1980) 1 SCC 149: (1980) 1 SCR 684...
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