Avoidance - Law Dictionary Search Results
Pandect', or Digesta
instructions of the emperor were, to select what was useful, to omit what was antiquated or superfluous, to avoid unnecessary repetitions, to get rid of contradictions, and to make such other changes as should produce out of
Parol evidence
its stipulations; or, lastly, where fraud or illegality in the formation of the deed is relied on to avoid it. If a clause in a deed be so ambiguously or defectively expressed that a Court of justice
Particulars
statement of the demand in any litigation, or of any defence, to be given that surprise may be avoided, and substantial justice promoted, 2 Chit. Arch. Prac. The necessity for application for particulars has become less frequent
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Per incuriam
courts have developed this principle in relaxation of the rule of stare decisis. The 'quotable in law' is avoided and ignored if it rendered, 'in ignoratium of a statute or other binding authority', Young v. Bristol Aeroplance
Perished goods
part of the seller or buyer, perish before the risk passes to the buyer, the agreement is thereby avoided.'-Sale of Goods Act, 1893, ss. 6, 7. See IMPOSSIBILITY.
Permissive use
Permissive use, a passive use which was resorted to before the Statute of Uses, in order to avoid a harsh law, as that of mortmain or a feudal forfeiture; it was a mere invention in order
Alteration
where a bill is materially altered without the assent of all parties liable on it, the bill is avoided, except as against a party who has himself made, authorized, or assented to the alteration, and subsequent indorsers.
Flee
To run away as from danger or evil to avoid in an alarmed or cowardly manner to hasten off usually with from This is sometimes omitted making the
Additur
trial court's order, issued usually, with the defendant's consent, that increases the damages awarded by the jury to avoid a new trial on ground of inadequate damage. The term may also refer to the increase itself, the
proceeding
pending trial disqualified] ;esp : one in which a collateral attack on a judgment is made [sought to avoid the effect of the judgment in a collateral proceeding after denial of a direct appeal] core proceeding :
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