Constructive Condition - Law Dictionary Search Results
Annuity
source of payment is mixed and consists of real and personal estate, its nature will depend upon the construction which the Court will give to the grant. In a will an annuity of this kind in prima … and the heirs of his body was ineffectual to create and estate tail, and passed an absolute interest conditional only upon an heir of the body being born. But now under s. 130 of the (English) L.
Year to year, tenancy from
to year from proper terms for years, and from estates at will, are (1) that it exists by construction of law alone instead of an estate at will in every instance where a possession is taken with … personal representatives, of the latter, still continue the tenancy upon the original terms, and subject to the same conditions which the law, or the express agreement of the parties, has attached to it. But the tenancy is
Designs
appeal to and are judged solely by the eye; but does not include any mode or principle of construction, or which is in substance a mere mechanical device (s. 19, Act of 1919). And s. 49 of … hearing the applicant and the comptroller, if so required, make an order determining whether, and subject to what conditions, if any, registration is to be permitted. (4) An application which, owing to any default or neglect on
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Misconduct
in service, it is misconduct, see Pierce v. Foster, 17 QB 536 (542). A disregard of an essential condition of the contract of service may constitute misconduct, see Laws v. London Chronicle (Indicator Newspapers), (1959) 1 WLR … duty. The act complained of must bear a forbidden quality or character and its ambit has to be constructed with reference to the subject-matter and the context abscin the term occurs having regard to the scope of
Deed
1st October, 1845, an immediate estate or interest in any tenements or hereditaments, and the benefit of a condition or covenant respecting any tenements or hereditaments, may be taken, although the taker thereof be not named a … as an aid to collect the intention of the parties to the instrument, and a key to its construction. Thus a recital may restrain the effects of general phraseology in the operative part of a deed, and
trust
income does not have to be distributed and principal may be distributed compare simple trust in this entry constructive trust 1 : an implied trust imposed by a court to prevent the unjust enrichment of one who … competition compare antitrust 3 a : a charge or duty imposed in faith or confidence or as a condition of some relationship b : something committed or entrusted to one to be used or cared for in
Passive trust
the trustee, the courts endeavoured in the case of devises by will land executory contracts to give by construction the quantity originally requisite to satisfy the trust in every event, although the general rule is that the … to be vested in him subject to any mortgage term subsisting or created by the Act upon the conditions and subject to the provisions of the Schedule, and to the provisions of the (English) Law of Property
Publication
work, the delivery in public of a lecture, the exhibition in public of an artistic work, or the construction of an architectural work of art, but the issue of photographs and engravings of works of sculpture and … proprietor's privity or consent does not operate as a publication so as to defeat registration, provided that the conditions imposed are complied with (ibid., ss. 49 and 59, as amended by the Act of 1932). Publication of
Service
funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair conveying of news or information and advertising. [Trade Marks Act, 1999 (47 of 1999), s. 2(1)(z) ] … or temporary service which is likely to be made permanent in the course of time, if certain usual conditions are satisfied by the person who is temporarily appointed. Where there is no such underlying idea of understanding
Cy-pres
Cy-pres (near to it). The principle of this doctrine of construction is, that where a testator hs two objects,one primary or general and the other secondary or particular, which … principles of the original charities. There is also amodification of the strictness of the Common Law as to conditions precedent in regard to personal legacies, which is at once rational and convenient, and tends to carry into
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