Constructive Condition - Law Dictionary Search Results
Actionable claim
of moveable property, or to any beneficial interest in moveable property not in the possession, either actual or constructive, of the claimant, which the Civil Courts recognize as affording grounds for relief, whether such debt or beneficial … the Civil Courts recognize as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent. [Transfer of Property Act (4 of 1882), s. 3]
Magis de bono quam de malo lex intendit
bono quam de malo lex intendit. Co. Litt. 78 b.-(The law favours a good rather than a bad construction.) Where the words used in an agreement are susceptible of two meanings, the one agreeable to, the other … two meanings, the one agreeable to, the other against, the law, the former is adopted. Thus a bond conditioned 'to assign all offices' will be construed to apply to such offices only as are assignable.
bond
fulfill the obligations of a contract) or abstain from performing an act (as committing a crime) with the condition that failure to perform or abstain will obligate the person or often a surety to pay a sum … defendant appear in court as scheduled bid bond : a surety bond often required of contractors bidding on construction work to ensure that the successful bidder will accept the job and will also provide a performance bond
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Survivorship
word has a natural or stipital meaning (see, e.g., Gilmour v. MacPhillamy, 1930 AC 712). The state or condition of being the one person out of two or more who remains alive after the others die, Black's … or more persons after the death of the other or others. See COMMORIENTES; JOINT TENANCY. In questions of construction of wills the difficulty generally arises in regard to the persons or class of or from whom the
Sufficient cause
the Limitation Act should also be available to the State. The words 'sufficient cause' should receive a liberal construction so as to advance substantial justice when no negligence or inaction or want of bona fide is imputable … explaining every day's delay. The factors which are peculiar to and characteristic of the functioning of the governmental conditions would be cognizant to and requires adoption of pragmatic approach in justice-oriented process. The court should decide the
Manufacturing process
types for printing, printing by letter press, lithography, photogravure or other similar process or book binding; or (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or (vi) preserving or storing any article in
Tail
in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which these were converted on the 1st January, 1926, or created after that date. … not barred, reverts to the donor or reversioner, if the donee die without leaving descendants answering to the conditions annexed to the estate upon its creation a, unless there be a limitation over to a third person
Pawn or Pledge
actual manual delivery, as it is sufficient if there are any of those acts or circumstances which, in construction of law, are deemed sufficient to pass the possession of property, as the key of a warehouse. As … the Common Law distinguishable from a mere pledge or pawn. By a mortgage the whole legal title passes conditionally to the mortgagee; and if the goods be not redeemed at the stipulated time, the title becomes absolute
Bill of sale
indemnity against a rent payable in respect of any land, or against the breach of any covenant or condition in relation to land is not a bill of sale within the meaning of the above Acts. Means … under the Acts of 1878 and 1882 is in a very confused state, and the decisions upon the construction of them are numerous and conflicting. To alter the mode of payment will be a defeasance of the
Arising out of his employment
Arising out of his employment, Literal construction of the phrase 'arising out of his employment conveys the idea that there must be some sort of … has to discharge. The phrase 'arising out of the employment' applies to employment as such-to its nature, its conditions, by reason of which its workman is brought within the zone of danger and resultant injury, disease or
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