Avoidable Consequences - Law Dictionary Search Results
Home Dictionary Name: avoidable consequencesavoidable consequences
avoidable consequences : mitigation of damages ...
mitigation of damages
mitigation of damages 1 : a doctrine in tort and contract law: a person injured by another is required to mitigate his or her losses resulting from the injury [whether the patient shares any fault and whether the patient has satisfied the requirements of mitigation of damages "D'Aries v. Schell, 644 A.2d 134 (1994)"] ;also : an affirmative defense based on this doctrine called also avoidable consequences 2 : a reduction in the amount of damages awarded a party ...
avoid
avoid [modification of Old French esvuider to destroy, literally, to empty, from es- out + vuider to empty] 1 : to make void or undo : annul [the trustee may any transfer of interest of the debtor in property "U.S. Code"] 2 : to respond to (an allegation or averment) by declaring that facts alleged do not result in liability [averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or ed "Federal Rules of Civil Procedure Rule 8(d)"] see also confession and avoidance compare deny 3 : to prevent the occurrence of or responsibility for esp. through lawful means [ a tax] compare evade avoid·abil·i·ty n avoid·able adj avoid·ance n ...
natural and probable consequence
natural and probable consequence : a consequence that one could reasonably expect to result from an act [the injury was determined to be a natural and probable consequence of the defendant's negligence] ...
Civil consequences
Civil consequences, 'civil consequences' covers infraction of not merely property or personal right but of civil liberties, material deprivations and non-pecuniary damages. In its comprehensive connotation every thing that affects a citizen in his civil life inflicts a civil consequence, P.K. Yadav v. J.M.A. Industries Ltd., (1993) 3 SCC 259 (267). [Constitution of India, Art. 14]...
confession and avoidance
confession and avoidance : a common-law plea in which a party confesses an allegation but alleges additional facts to avoid the intended legal effect of the original allegation compare demurrer ...
Avoidance
Avoidance [fr. vuide, vide, Fr., empty, void, free from], when a benefice is void of an incumbent, in which sense it is opposed to plenarty, Jac. Law Dict. Also the meeting, by new matter, of an opponent's pleading. See CONFESSION AND AVOIDANCE...
Avoided
Avoided, word 'avoided' does not mean 'evaded' and that it has been used in the sense of escapment, Mansukhlal v. CIT, AIR 1969 SC 835 (839): (1969) 73 ITR 546. [Income-tax Act, 1922, s. 28(1)(c)]...
Confession and avoidance, plea of
Confession and avoidance, plea of, a plea in bar, admitting the facts alleged in the declaration to be true, but showing some new facts, tending to obviate their legal effect. All matters in confession and avoidance had before the Judicature Acts to be specially pleaded (Reg. Gen. H.T. 1853, r. 8), and must be so still under the present system of pleading. See STATEMENT OF DEFENCE; CIR-CUITY OF ACTION....
Displaced from land, in consequence of the com-pulsory acquisition
Displaced from land, in consequence of the com-pulsory acquisition, A person is displaced from land in consequence of the compulsory acquisition of his interest if, and only if, he gives up possession (1) on being required to do so by the acquiring authority, (2) on completion of the acquisition, or (3) where the acquiring authority permits him to remain in possession of the land under a tenancy or licence of a kind not making him a tenant as defined in the Agricultural Holdings Act, 1986 (UK) Halsbury's Laws of England (2), para 399, p. 217....
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