Arising From A Contract - Law Dictionary Search Results
Home Dictionary Name: arising from a contract Page: 2Condition
Condition. An event upon which a right under contract or to property may arise, become altered, or cease. Condition has been used in connection with personal obligations to distinguish one kind of obligation from another in the same transaction and to limit property. In their primary meaning, conditions precedent are events, but for the happening of which, rights will not arise.A condition subsequent puts an end to a state of things which, but for its happening, would have continued. Dependent or collateral conditions depend upon their mutual fulfilment as in a contract for sale of land where, unless otherwise agreed, the payment of the purchase money is conditional upon the conveyance and vice versa.Conditions may be imposed by the parties, either expressly or by necessary implication arising our of the construction of the document or agreement, or they may be implied bylaw according to the nature of the transaction.A peculiarity of conditions precedent is that an illegal or impossibl...
Contract for an agricultural tenancy
Contract for an agricultural tenancy, arises if having regard to the terms of the tenancy, to the actual or contemplated use of the land at the time the contract was concluded and subsequently, Halsbury's Laws of England, Vol. 1(2), para 301, p. 146....
derivative
derivative : a contract or security that derives its value from that of an underlying asset (as another security) or from the value of a rate (as of interest or currency exchange) or index of asset value (as a stock index) NOTE: Derivatives often take the form of customized contracts transacted outside of security exchanges, while other contracts, such as standard index options and futures, are openly traded on such exchanges. Derivatives often involve a forward contract. adj 1 : arising out of or dependent on the existence of something else compare direct 2 : of, relating to, or being a derivative [a transaction] de·riv·a·tive·ly adv ...
substantive unconscionability
substantive unconscionability : unconscionability of a contract that arises from the terms of the contract and esp. from terms that are found to be one-sided, unjust, or overly harsh compare procedural unconscionability ...
Domestics
Domestics, menial servants (so called from being intra m'nia domus, within the walls of a house). The contract between them and their masters arises upon the hiring. In this country it is usual to engage domestic servants at a fixed amount of wages per annum. But there is generally no express stipulation as to the time that the service is to last; and when the terms are not otherwise defined the contract is thus understood that either party may determine the service at pleasure, upon a month's warning or upon payment of a month's wages. As to the persons entitled under a bequest to 'domestic servants,' see Re Lawson, (1914) 1 Ch 682; Re Jackson, 39 TLR 400. See MASTER AND SERVANT.For the purposes of Unemployment Insurance, employment in domestic service, except where the employed in any trade or business carried on for the purpose of gain, is an excepted employment under the (English) Unemployment Insurance Acts, 1935 and 1936 (25 & 26 Geo. 5, c. 8) and (26 Geo. 5 & 1 Edw. 8, c. 13). H...
Mutual promises
Mutual promises, concurrent considerations, which will support each other, unless one or the other be void; in which case, there being no consideration on the one side, no contract can arise. But if the promise on one side be only voidable, as in consideration of money given or of a promise by an infant, it is sufficient.Mutual promises, however, to be obligatory, must be made simultaneously. If they be made at different times on the same day they will not be a good consideration for each other because of the want of reciprocity of obligation at the moment the contract is made, Story on Contracts...
Vendor and purchaser summons
Vendor and purchaser summons. A further innova-tion of the (English) Vendor and Purchaser Act, 1874, s. 9, replaced and extended by the (English) Law of Property Act, 1925, s. 49, enables any vendor or purchaser or upon a contract for exchange of any interest in land to apply in a summary way in respect of any requisitions or objections or claim for compensation or any other question arising out of or connected with the contract (not affecting the existence or validity), and the Court may make any order that to it may seem just, including costs. See DEPOSIT; SPECIFIC PERFORMANCE; and R.S.C. Ord. LV., r. 14A; ORIGINATING SUMMONS....
Easement
Easement, An easement is a right which the owner or occupier of certain land possesses, a such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own. [Easement Act, 1882 (5 of 1882), s. 4]Easement, a privilege without profit which the owner of one neighbouring tenement hath of another, existing in respect of their several tenements, by which the owner of the one (called the servient) tenement is obliged to suffer, or not to do something on his own land, for the advantage of the owner of the other (called the dominant) tenement, e.g., a right of way, a right of passage of water. It is the servitus of the Civil Law. An easement being a mere right without profit must be distinguished from a profit a prendre (q.v.), which confers a right to take something from the servient tenement. Instances of easements are rights of way, light, support, or fl...
Wrong
Wrong, the privation of right, an injury, a designed or known detriment. See TORT, and Addison or Clerk and Lindsell on Torts.The maxim that 'No man can take advantage of his own wrong' means that a man cannot enforce against another a right arising from his own breach of contract or breach of duty, Re London Celluloid Co., (1888) 39 Ch D 206, per Bowen, LJ.An estate gained by wrong is always a fee simple. A squatter may, of course, be ejected before the Statute of Limitations has run in his favour, but as long as he remains he has seisin of the freehold to him and his heirs, 'because wrong is unlimited and revenues all that can be gotten and is not governed by terms of the estates, because it is not contained within rules': Hob. P. 323; Co. Litt. 181 a; Williams on Seisin, p. 7. But a squatter is bound by restrictive covenants affecting the land, Re Nisbet, (1906) 1 Ch 386.In order to be a 'wrong' within the meaning of s. 23(1)(a) of the Hindu Marriage Act, 1955 the conduct alleged ha...
Law Reform (UK)
Law Reform (UK). 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 for the benefit of his estate. See actio personalis, and by s. 1(2) it is enacted:Where a cause of action survives as aforesaid for the benefit of the estate of a deceased person the damages recoverable for the benefit of the estate of that person:-(a) shall not include any exemplary damages;(b) in the case of a breach of promise to marry shall be limited to such damage, if any, to the estate of that person as flows from the breach of promise to marry;(c) where the death of that person has been caused by the act of omission which gives rise to the cause of action, shall be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of funeral expenses may be included.See Rose v. Ford, (1937) 53 TLR 873.The right...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial