Booth - Law Dictionary Search Results
Home Dictionary Name: boothMary Carter agreement
Mary Carter agreement [from Booth v. Mary Carter Paint Co., 202 So. 2d 8 (1967), Florida appeals court case that popularized the agreement] : a secret agreement between a plaintiff and one or more but not all codefendants which limits the liability of the defendants by giving them an interest in the recovery awarded to the plaintiff NOTE: In a Mary Carter agreement, the participating defendants agree to remain as parties to the lawsuit and guarantee payment to the plaintiff of a settled amount if no recovery is awarded against the other defendants. The plaintiff agrees to offset their liability by, or sometimes even to pay them from, a recovery awarded from the other defendants. Some states allow the admission of Mary Carter agreements into evidence. In other states they are illegal. ...
Particulars of sale
Particulars of sale, description of property offered for sale by auction. The property should be described with as much minuteness and accuracy as possible. It is the duty of a vendor to make himself duly acquainted with the peculiarities and incidents of the property he is going to sell; and when he describes it for the information of the purchaser to describe everything material to be known in order to judge of its nature and value, and on the sale of a partial interest, any substantial variation from the description will even at law render the contract voidable, see Flight v. Booth, (1834) 1 Bing NC 77, per Tindal, C.J. If there be anything connected with the property important to be known which cannot be discerned or may be misapprehended by ocular inspection, it ought to be stated in the particulars: see Dav. Prec. Conv. Vol. i. On the sale of property of any considerable size the particulars are usually accompanied by a plan. In sales by auction the conditions of sale are general...
Stage-play
Stage-play. It is enacted by the (English) Theatres Act, 1843 (see THEATRE), s. 23, that:-In this Act the word 'stage-play' shall be taken to include every tragedy, comedy, farce, opera, burletta, interlude, melodrama, pantomime, or other entertainment of the stage, or any part thereof: provided always, that nothing herein contained shall be constructed to apply to any theatrical representation in any booth or show which by the justices of the peace, or other persons having authority in that behalf, shall be allowed in any lawful fair, feast, or customary meeting of the like kind.See Wigan v. Strange, (1865) LR 1 CP 175...
Scintilla juris et tituli
Scintilla juris et tituli [Lat.] (a spark of law and title).A possibility of seisin, which was supposed to exist in the grantee to uses, when all actual seisin was taken from him by the operation of the statute, upon a limitation of springing uses and the creation of contingent ones. 'If land be given to A. and his heirs, to the use of B. and his heirs until the marriage of C., and then to the use of C. and his heirs, here B. immediately becomes tenant in fee by force of the statute; and to give him this estate the whole seisin of A. is exhausted; now the marriage takes effect, and who is seised to the use of C (Burt. Comp., 6th Edn. p. 59).This doctrine of scintilla juris, the knowledge of the exact character of which appears to be rendered unnecessary by s. 7 of the (English) Law of Pro-perty Amendment Act, 1860 (now repealed by the (English) Law of Property Act, 1925, 7th Sch.), has been warmly contested. Lord Coke admitted it (Chudleigh's case, 1 Co., p. 121 a), so did Mr. Booth (s...
Schoolmaster
Schoolmaster. To an action of trespass for an assault and battery the defendant pleaded that he was the headmaster of a school or college, of which the plaintiff was a pupil, and that the plaintiff combined with other pupils for purposes subversive of the discipline of the school, and the plea was held good: see Fitzgerald v. Northcote, (1865) 4 F&F 656. As to the extent of the powers of a schoolmaster in this respect, see Cleary v. Booth, (1893) 1 QB 465. As to the power of an assistant teacher in a public elementary school to administer corporal punishment, see Mansell v. Griffin, (1908) 1 KB 160 (947). As to the dismissal of a schoolmaster or mistress of a public elementary school, see Smith v. Macnally, (1912) 1 Ch 816; Meyers v. Humell, (1912) 2 Ch 256; Mitchell v. East Sussex C.C., (1914) 109 LT 778; Price v. Rhondda U.D.C., (1923) 2 Ch 372....
Plant
Plant, has been defined as the tools, machinery, fixtures, buildings, grounds, etc. of a factory or business; the apparatus or equipment for a certain mechanical operation or process, Steel City Beverages Ltd. v. State of Bihar, (1996) 1 Pat LJR 868.Plant, has frequently been used in fiscal and other legislation. It is one of a fairly large category of words as to which no statutory definition is provided ('trade', office even 'income' are others), so that it is left to the court to interpret them. It naturally happens that as case follows case, and one extension leads to another, the meaning of the word gradually diverges from its natural or dictionary meaning. This is certainly true for plant, I.R.C. v. Scottish & Newcastle Breweries Ltd., (1982) 1 WLR 322: (1982) 2 All ER 230: 55 TC 252 (HL).Plant, in the relevant sense, although admitted not a term of art, and therefore part of the general English tongue, is not, in this sense, an ordinary word, but one of imprecise application, an...
Booth
A house or shed built of boards boughs or other slight materials for temporary occupation...
Percent
Percent, having regard to the context, the word parents mean male parent not mother, Wilson Reade v. C.S. Booth, AIR 1958 Ass 128....
Mistake
Mistake, misconception, error.Money paid under a mistake of a material fact, as where a person discounts a forged bill, is recoverable (though a banker paying the forged cheque of a customer cannot charge the customer with the loss), and see Jones & Co. v. aring & Gillow Ltd., 1926 AC 670; but money paid under a mistake of law is ordinarily not recoverable, Holt v. Markham, (1923) 1 KB 504, though there is an exception in the case where an officer of a Court or a trustee in bankruptcy has received the money [Ex P. Simmonds, (1885) 16 QBD 308]. A contract is not voidable because it was caused by a mistake as to any law in force in India; but a mistake as to a law in force in India has the same effect as a mistake of fact. (The Indian Contract Act, 1872, s. 21)It is a common condition of the sale of land that any error or misdescription shall not vitiate the sale, and mayor may not be made the subject of compensation, and this condition applies whether an error complained of was discover...
Executory limitation
Executory limitation. A limitation of a future interest by deed or will; if by will, it is also called an executory devise. The (English) Conveyancing Act, 1882 (45 & 46 Vict. c. 39), s. 10, restricted executory limitations of land contained in an instrument coming into operation after 1st January, 1883, by the enactment:'Where there is a person entitled to land for an estate in fee, or for a term of years absolute or determinable on life, or for term of life, with an executory limitation over on default or failure of all or any of his issue whether within or at any specified period of time or not, that executory limitation shall be or become void and incapable of taking effect, if and as soon as there is living any issue who has attained the age of 21 years, of the class on default or failure whereof the limitation over was to take effect.' See Re Booth, (1900) 1 Ch 768; Re Shrubb, 1910 WN 143.These provisions were re-enacted by s. 134 of the (English) Land Charges Act, 1925, and exte...
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