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Res judicata

cannot be further gone into but if the decision was obtained by fraud it can be set aside cole v langford 1898 2 qb 36 criminal proceedings do not constitute a res judicata as regards civil proceedings arising

Under-lease

lessor can distrain on the sub lessee or take advantage of a condition of forfeiture g w ry v smith 1876 2 ch d 253 by s 4 of the conveyancing act 1892 replaced by the english law

Affiliation

by virtue of s 6 of the act of 1845 and s 4 of the act of 1872 cole v manning 1877 2 qbd 611 thomas v jones 1921 1 kb 22 as to issue of process for

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Ex antecedentibus et consequentibus fit optima interpretatio

optima interpretatio 2 inst 317 the best interpretation is made from the context see broom s leg max coles v hulme 1828 8 b c 568

Bailment

for reward to be paid to the bailee for the history of the liability of carriers see nugent v smith 1876 1 cpd 423 and for an explanation of the duty of private bailees of this class brabant

Unconditionally

unconditionally means without conditions that is conditions well known to practitioners which might have been usually imposed smith v smith 139 145 lt 23

Act of God

irresistible act of nature which could not by any reasonable care have been foreseen or resisted see nugent v smith 1876 1 cpd 423 the general rule is that where the law creates a duty and the party

Levy

levy and rate of levy levy of duty does not mean actual collection collector of central excise chandigarh v smith kline beecham consumer health care ltd air 2003 sc 829 see central excise act 1944 1 of 1944

Preventive detention

the director of public prosecutions r v waller 1910 1 kb 364 in certain cases be charged r v smith 1910 1 kb 17 with being an habitual criminal and if the charge is established he can in

Conspiracy

ac 95 quinn v leathem 1901 ac 495 pratt v british medical association 1919 1 kb 244 sorrell v smith 1923 2 ch 32 actions of this kind however have generally arisen in connection with trade disputes and

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