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Home Dictionary Name: c j Page: 3 Page 3 of about 68 results (0.004 seconds)Nemo debet locupletar aliena jactura
Nemo debet locupletar aliena jactura, (No one ought to be enriched by another's loss.) Cited per Bovill, C.J., in Fletcher v. Alexnder, (1868) LR 3 CP 381....
Year to year, tenancy from
Year to year, tenancy from. This estate arises either expressly, as when land is let from year to year, or by a general parol demise, without any deter-minate interest, but reserving the payment of an annual rent; or impliedly, as when property is occupied generally under a yearly rent, payable yearly, half-yearly, or quarterly; or when such tenant holds over, after the expiration of his term, without having entered into any new contract, and pays rent (before which he is a tenant on sufferance), and in such cases the tenant holds over on such terms of the old tenancy lease as are applicable to a tenancy from year to year and to the particular tenancy.The qualities which distinguish a tenancy from year to year from proper terms for years, and from estates at will, are (1) that it exists by construction of law alone instead of an estate at will in every instance where a possession is taken with the consent of the legal owner and where an annual rent has been paid, but without there havi...
Quasi
Quasi, means 'as if'. Seemingly but not actually; in some sense; resembling; nearly, Black's Law Dictionary, 7th Edn., p. 1257.Means a Latin word frequently used in the civil law, and often prefixed to English words. It is not a very definite word. It marks the resemblance, and supposes a little difference, between two object, and in legal phraseology the term is used to indicate that one subject resembles another, with which it is compared, in certain characteristics, but that there are also intrinsic and material differences between them. It negatives the idea of identity, but implies a strong superficial analogy, and points out that the conceptions are sufficiently similar for one to be classed as the equal of the other, 74 C.J.S. Quasi, at 2 (1951).This word prefixed to a noun means that although the thing signified by the combination of 'quasi' with the noun does not comply in strictness with the definition of the noun, it shares its qualities, falls philosophically under the same...
Provisional Order
Provisional Order, an order by a Government department, called 'provisional' because it is of no force unless and until it is confirmed by Act of Parliament. In some cases, these orders are to have effect unless petitioned against or objected to by Parliament.Procedure by provisional order has been increasingly and necessarily used in modern times for a very great variety of purposes; but the tendency in these orders to confer arbitrary powers upon the executive without appeal or with an appeal to the same executive exclusively has been severely commented upon by the judiciary and publicists: see LORD HEWARI, L.C.J., and next title....
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...
Insurance transactions
Insurance transactions, is broad enough in principle to include the provision of insurance cover by a taxable person who is not himself an insurer but, in the context of a block policy, procures such cover for his customers by making use of the supplies of an insurer who assumes the risk insured, Card Protection Pland v. Customs Comrs. (E.C.J.), (1999) 3 WLR 203....
Macnaughton's Case, Rules in
Macnaughton's Case, Rules in [4 St. Tr. (N.S.) 847]. A discussion took place in the House of Lords upon the direction to the jury by Tindal, C.J., in the trial of Macnaughton, and as a result a series of questions were put to the judges. The answers of the majority constitute 'the rules in Macnaughton's case,' and have been accepted as laying down the law as to insanity with reference to criminal responsibility. See Archbold, Crim. Pleading, etc., 25th Edn., p. 15 et seq. The rules have been the subject of much discussion and criticism by political, medical, and legal writers (see, for example, Lord Birkenhead's letter to The Times, May 26th, 1924). The main rule which is laid down is, that in order to establish a defence on the ground of insanity, it must be proved that, at the time of the committing of the act, the person accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it,...
Abode
Abode, habitation or place of residence; stay or continuance. In law it is used in different senses, to denote the place of a man's residence, or business, temporary or permanent. For some purposes in law a man may be deemed to have an 'abode' where he has a place of business, even although he reside elsewhere, or where he has a temporary residence, although his permanent residence is elsewhere or even abroad. But 'abode' or residence is quite distinct from domicil, which means much more than even a place of permanent residence (see DOMICIL); whereas it would seem that 'abode' does not even necessarily imply that. 'Abode' seems larger and looser in its import than the word 'residence,' which in strictness means the place where a man lives, i.e., where he sleeps or is at home. 'A man's residence, where he lives with his family and sleeps at night, is always his place of abode in the full sense of that expression', R. v. Hammond, (1852) 17 QB 781, per Lord Campbell, C.J. Consult Stroud, ...
Custom
Custom [fr. Costume, It.; coustume, coutume, Fr.; costumbre, Sp.; consuetudo, Lat.], 'Custom maybe defined to be a law or right not written which being established by long use and consent of our ancestors has been and daily is put in practice' (Les Termes de la Ley). In Lockwood v. Wood, 6 QB 50, Tindal C.J., at p. 64 says that it is 'in effect , the Common Law within that place to which it extends although contrary to the General Law of the realm.' If it be universal, it is Common Law; if particular, it is then properly custom. The requisites to make a particular custom good are these: (1) It must have been used so long that the memory of man runs not to the contrary; (2) it must have been continued and (3) peaceable; also (4) reasonable and (5) certain; (6) compulsory, and not left to the option of every person, whether he will use it or not; and (7) consistent with other customs, for one custom cannot be setup in opposition to another; see 1 Bl. Com. 76. Customs are of different kin...
Churchways
Churchways, means customary rights of way must in the nature of things provide some form of access to a particular piece of private property. The commonest type not within the reports in a churchway. A customary churchway is a right of way in favour of the parishioners to go to and form the parish clash over the land of a private individual owner, and is enjoyed by the parishioners as a means of access to the parish church, Boteler v. Bristow, (1475) YB Trin 15 Edw 4, f 29, pl 7 per Bryan C.J....
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