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Per incuriam

Per incuriam, are those decisions given in ignorance or forgetfulness of some inconsistent (sic) statutory provision or of some authority binding on the court concerned, so that in such case some part of the decision or...

Incuria

Incuria, literally means 'carelessness'. In practice per incuriam appears to mean per ignoratum. English courts have developed this principle in relaxation of the rule of stare decisis. The quotable in law is avoided and ignored if...

International Law

International Law. I. Public Law: The law of nations, strictly so called, was in a great measure unknown to antiquity, and is the slow growth of modern times, under the combined influence of Christianity, intercourse, commerce...

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Landlord and tenant

Landlord and tenant. A tenancy arises when the owner of an estate inland, called the lessor or landlord, agrees expressly or by implication to allow another person, called the lessee or tenant, to enjoy the exclusive...

Lien

Lien [answering to the tacita hypotheca of the Civil Law], a right in one man to retain that which is in his possession belonging to another, until certain demands of the person in possession are satisfied....

Market overt

Market overt, an open or public market. Contracts of sale which transfer the property as against a real owner though not the seller are binding, if made according to the following rules.--(1)The sale must be in...

Partnership

Partnership, the relation which subsists between persons carrying on a business with a view to profit--so defined by s. 1, sub-s. 1, of the (English) Partnership Act, 1890 (53 & 54 Vict. c. 39), a codifying...

Retainer

Retainer. (1) The contract between client and solicitor or between solicitor and counsel for professional services: the contract that such services shall not be given to the opposite party; (2) a document given by a solicitor...

Recognisance

Recognisance, an acknowledgement of a debt owing to the Crown, with a condition to be void if the recognizor shall do some particular act, as if he, or the party for whom he is surety, shall...

Solicitor

Solicitor, an officer of the Supreme Court of Judicature, who, and who only, is entitled to 'sue out any writ or process, or commence, carry on, solicit, or defend any action, suit or other proceeding' in...

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