Collateral Advantage - Law Dictionary Search Results
Collateral advantage
Matched in: Term Collateral advantage
Malice
a feeling of enmity, spite or ill will; it may be due to a desire to obtain a collateral advantage, S.T. Sahib v. N. Hasan Ghani Sahib, AIR 1957 Mad 646 (656). All acts done with an evil
Extinguishment
Extinguishment, the annihilation of a collateral interest, or the supersedure of one interest by another and greater interest in that out of which it … heirs, and I release to A., this extinguishes my right to the reversion, and shall enure to the advantage of B.'s remainder as well as to A.'s particular estate, 2 Bl. Com. 325. (9) Extinguishment of Power.
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Pawn or Pledge
to sue for the whole debt or other engagement without selling the pawn, for it is only a collateral security. A pawnee cannot become the purchaser at the sale. A pledgee cannot alienate the property absolutely, nor … or other duty has been discharged. He must render a due account of all the income, profits, and advantages derived by him from the pledge, in all cases where such an account is within the scope of
Merger
is but a partial extinguishment for a time; while extinguishment, properly so termed, is the destruction of a collateral thing in the subject itself out of which it is derived. 'In order that there may be a … same person, equity will treat the charge as kept alive or merged according to whether it be of advantage or of no advantage to the person in whom the two interests have vested that the charge should
Limitation of actions and prosecutions
except in the case of mortgage debts which are now barred after twelve years, whether by covenant or collateral bond, by the R.P. Act, 1874, s. 8. See (English) CPC, 1833 (3 & 4 Will. 4, c. … brought was shortened, in the case of recovery of land or rent-charge, from twenty to twelve years. No advantage can be taken of the statutes of limitation in an action unless an issue thereon be raised by
Void and voidable
declaration is necessary, law does not take any notice of the same and it can be disregarded in collateral proceeding or otherwise. The other type of void act, e.g., may be transaction against a minor without being … when an imperfection or defect can be cured by the act or confirmation of him who could take advantage of it. Thus, while acceptance of rent will make good a voidable lease, it will not affirm a
Escheat
the intestate tenant, having been a bastard, did not leave any lineal descendants, since he cannot have any collateral descendants. By the (English) Intestates Estate Act, 1884 (47 & 48 Vict. c. 71), s. 4, now repealed … is a penalty for a crime personal to the offender, of which the Crown is entitled to take advantage by virtue of its prerogative; while an escheat results from tenure only, and arises from an obstruction in
Misrepresentation
has entered into a contractor warranty and not on the ground merely of mis-statement. Such representations may be collateral or not part of the principal contract and upon letting premises may not be required to be put … believes it to be true; (2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him, by misleading another to his prejudice or
Covenant
the transaction requires. Covenants are inherent that tend to the support of the lan or thing granted,or ae collateral to it; affirmative, or negative; executed, or that which is alreadyd one; executory, or that which is to … times called a deed poll, was not within the rule that only parties to the deed could take advantage of it, Co. Litt, 26 a, 231. Covenants running with the land are express or implied covenants which
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