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Avoidance - Law Dictionary Search Results

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Same matter

Same matter, as the purpose of the two provisos to s. 3(1) is to avoid conflict, the words 'same matter' in the provisos should be given a wide interpretation and only matters that

Scylla and Charybdis

Scylla and Charybdis, Six headed monster living on opposite sides of the straits of messine; it was difficult to steer clear of one without encountering the other. 'Avoiding Scylla and Charybdis, we proceed to decipher the...

Pre-contract

and if one of them had already married, such marriage would be void ab initio; but until thus avoided it was good. See 32 Hen. 8, c. 28, and 2 & 3 Edw. 6, c. 23, s.

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Searches

affected and the danger of an accidental omission of the name of an interim owner or incumbrancer is avoided. For depart-mental reasons against this practice at the Land Registry, see an article by the (English) Chief Land

Separate estate

1935, does not invalidate or affect these restrictions upon anticipation created before the 1st January, 1936, but it avoids the creation of any such restriction by any instrument, exercise of a special power, or will of a

Separation of powers

1787 not to promote efficiency but to preclude to exercise of arbitrary power. The purpose was not to avoid friction, but by means of the inevitable friction incident to the distribution of the governmental powers among three

Shall

that his language seems to be less ambersome and clumsy and is easier to follow. He may also avoid positive errors, such as have resulted from the use of 'shall' in a will, a document written now

Simony

viii. 18-24). It is an offence by statute 31 Eliz. c. 6, which by s. 5, 'for the avoiding of simony,' directs that the corrupt presentation shall be void, and the presentation shall go to the Crown,

Talis interpretatio semper fienda est, ut evitetur absurdum et inconveniens, et ne judicium sit illusorium

interpretation is always to be made in such a manner that what is absurd and inconvenient may be avoided, and that judgment may not be illusory.

Under-lease

Smith. Mortgages of leaseholds, where the covenants are onerous, are almost invariably made by sub-demise, so as to avoid bringing the mortgagee into direct relation with the lessor and so rendering him liable to be sued on

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