Collateral Fact - Law Dictionary Search Results
collateral fact
Matched in: Term collateral fact
collateral
Matched in: Term collateral
Representation
misrepresentation is innocent. If made at the time of sale of personal chattels, 'it is a warranty' (or collateral contract), 'provided it appears to have been so intended', Pasley v. Freeman (1789) 3 TR 634, and in … M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, P. 964. Representation, is a description, account or state-ment of facts or arguments intended to influence action or make protest, Webster American Dictionary, p. 1235. Representation, means a statement
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Collateral
Matched in: Term Collateral
fraud
intent to deceive and thereby injure another called also fraud in fact compare constructive fraud in this entry collateral fraud : extrinsic fraud in this entry constructive fraud : conduct that is considered fraud under the law
fact
Matched in: Term fact
promise
to compensate an insured individual for future loss) whose fulfillment is dependent on a fortuitous or uncertain event collateral promise : a promise usually to pay the debt of another that is ancillary to an original promise, … breach of an implied promise that he would not be terminated at will] see also promise implied in fact and promise implied in law in this entry naked promise : gratuitous promise in this entry original promise
Warranty
(s. 14). See RECOVERY. More generally, a warranty is any agreement either accompanying a transfer of property, or collateral to the contract for such transfer, see Lawrence v. Cassell, (1930) 2 KB 83, and Miller v. Cannon … QB 274; and generally, see, e.g., Sale of Goods act, 1893, s. 11. There is nothing, if the facts are present, to prevent the performance or fulfilment of a warranty in its strict sense of a collateral
Evidence
no evidence ought to be admitted which is not relevant to the issues. As to when evidence of collateral facts is admissible, see Hales v. Kerr, (1908) 2 KB 601; Butterley Co. v. New Hucknall Colliery Co., … Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact, Black's Law Dictionary, 7th Edn., p. 575. The leading rules of evidence are the following:- (1) The sole
representation
: a statement or account made to influence opinion or action compare warranty b : an incidental or collateral statement of fact on the faith of which a contract is entered into [the contract of sale contains
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