Class Action - Law Dictionary Search Results
Assets
which the personal representative became entitled virtute officii and for which he would have been answerable in an action at common law brought against him by a creditor; they were administered in accordance with certain rules of … purposes of the administration of the estate of a deceased person assets were, before 1925, divided into two classes, legal and equitable. Legal assets comprised all property to which the personal representative became entitled virtute officii and
Presumption of fact and presumption in of law
and observation of the common course of nature, the constitution of the human mind, the springs of human action, the usages and habits of society and ordinary course of human affairsS. 114 is a general s. dealing … of fact. (2) Com-pelling presumptions or resumption of law (rebuttable). (3) Irrebuttable presumption of law or 'conclusive proof'. Classes (i), (ii) and (iii) are indicated in clauses (1), (2) and (3) respectively, of s. 4, Evidence Act.
Goods
to be severed; Under both the definitions the term 'goods' means all kinds of moveable property (except the classes of moveable property specifi-cally excluded) and includes growing crops, grass and things attached to or forming part of … SC 908: (1970) 1 SCC 611: (1971) 1 SCR 46. Means all kinds of movable property other than actionable claims newspapers, stocks, shares, securities or Government stamps and includes all materials, articles and commodities whether or not
Keep your definitions linked to case research
Party-wall
38, and 1st Sch., Part 5, of the (English) Law of Property Act, 1925, a party-wall of this class is considered to be served vertically with cross easements or rights such as in (4), supra, corresponding to … belongs to the owner of the house, he is of common right bound to repair it; and an action will lie against him for not doing it. As to meaning of 'party-wall,' and its height above roof,
Revendication
of the debtor. In respect to ships, a privilege is given by the same code to a certain class of creditors, such as vendors, builders, repairers, mariners, etc., upon the ship, which takes effect even against subsequent … seamen's wages and for repairs of foreign ships, and for salvage, Story's Confl. Of Laws, s. 401. An action to recover rights in and possession of property that is wrongfully held by another, Black's Law Dictionary, 7th
Rules of Court
Rules of Court, orders regulating the practice of the Courts; or orders made between parties to an action or suit. (1) General rules regulating the practice of the Courts, both of Common Law and Equity, have … motions by counsel; or special, obtained upon motion by counsel. Those granted upon motion by counsel might be classed under the following heads: 1st, those which were granted upon the motion-paper being merely signed by a counsel
Consideration
whom it is made, and not the party for whose benefit it is made, who may maintain an action upon it. See Tweddle v. Atkinson, (1861) 1 B&S 393; Re Empress Engineering Co., (1880) 16 Ch D … as in the case of mutual promises; and 4th, continuing, i.e., executed in part only. The three last classes are sufficient to support a contract not void for other reasons, Story on Contracts, 71. (d) Considerations moving
Trade marks
the registered trademark in itself becomes the ex-clusive and assignable property of the owner in connection with the class of goods for which it is registered, for the infringement of which the statutory remedies are available. No … those goods are goods of his manufacture, sale or mark, the owner is protected by the common law action of passing off, one of the forms of deceit, and see title TRADE DESCRIPTION. The (English) Trade Mark
Covenant
if made after 1925 must be registered as a land charge, see (English) L.C. Act, 1925, s. 10, Class C. As to the discharge or modification of Restrictive Covenants, see s. 84 of the L.P. Act, 1925. … run with the land (see below). The benefits of covenants which come within the category of choses in action may be assigned, see Law of Properties Act, 1925, and ASSIGNMENT. A deed addressed to all the world,
Chattels or catals
or, at a later date, in the nature of freehold or parcel of it. The distinction in the class of chattels survives in the legal meaning of the terms, 'personal chattels,' denoting movable property and 'chattels real,' … which if they are injuriously withheld from him he has, in general, no other remedy than by personal action (see TROVER), while a mixed action of ejectment (q.v.), in which the plaintiff could recover the specific property
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- Next ›
- Last »
Try the research workspace - 7 days free