Avoidance - Law Dictionary Search Results
Circuity of action
to recover, the defendant might plead the facts which constitute such right as a defence, in order to avoid circuity of action, Bullen & Leake, Prec. of Plead., 3rd ed., p. 558. Now all the counterclaims may
Collision of ships
action against the other; but that if one of them by the exercise of ordinary care might have avoided the consequences of the other negligence, the former was liable for any injury that the latter might have
Commendam
The acceptance by a beneficed clerk of a second living vacated the one be already held, and to avoid this a dispensation, called a commendam retinere, had to be obtained either from the Pope, or in later
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Compromise, Settlement
that are at controversy'. As per Bouvier it is 'an agreement between two or more persons, who, to avoid a law suit, amicably settle their differences, on such terms as they can agree upon'. The word 'compromise'
Concurrent jurisdictions
the jurisdiction was concurrent where no complete relief was obtainable at law. It was exercised in order to avoid circuity of action or multiplicity of suits. See UNSOUND MIND.
Condition
that an illegal or impossible condition will, as a rule and excepting bequests of personalty (Williams on Executors), avoid the obligation which has been entered into, or the estate which has been granted subject to the conditions,
Consensus, non concubitus, facit matrimonium
any other contract. But see now Age of Marriage Act,1929 (19 & 20 Geo. 5, c. 36), which avoids any marriage of persons under 16, and see MARRIAGE.
Constructive notice
suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject
Contributory
shareholders within the twelve months previously, and who are liable in a secondary degree. A shareholder may sometimes avoid liability by transfer to a pauper. See Re Discoveries Finance Corporation, (1910) 1 Ch 312, but see Hyam's
Inevitable accident
Inevitable accident, that which cannot be avoided: used in leases together with fire or tempest as a cause of destruction of the demised premises excusing
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