Constructive Intent - Law Dictionary Search Results
constructive intent
Matched in: Term constructive intent
intent
Matched in: Term intent
fraud
fraud committed with the actual 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
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Shelley's case, Rule in
658. The rule has been abolished by the (English) Law of Property Act, 1925, s. 131, in the construction of all instruments coming into operation after 1925; but the rule governs the construction of all instruments which … rule is of positive institution at variance with rules of construction; for while the latter seek for the intention of parties, and strive for its accomplishment, the former combats the intention--a conflict which frequently raises immense difficulties
Recital
something which has been done before, 1 Lilly Abr. 416. As to how far the recitals govern the construction of a deed the rule is as follows:- If the recitals are clear and the operative part is … Esher, M.R.]. As between the parties to a deed and for its purposes only and subject to the intention of the parties upon construction, a recital of a particular fact but not a general recital amounts to
Deed
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 … necessary that a deed should be drawn in accordance with the generally received formulary, provided it exhibits the intention of the parties, yet it is not advisable to deviate from it unless in a matter of urgent
gift
intentional and gratuitous transfer of real or personal property by a donor with legal capacity who actually or constructively delivers the property to the donee with the intent of giving up dominion over the property and investing
principal
b : one who commits a crime or instigates, encourages, or assists another to commit it esp. when constructively or actually present see also accessory principal in the first degree : a principal under common law who … or actually present see also accessory principal in the first degree : a principal under common law who intentionally commits and is actually or constructively present at the commission of a crime principal in the second degree
knowledge
actual knowledge in this entry b : awareness that a fact or circumstance probably exists ; broadly : constructive knowledge in this entry see also scienter, willful blindness NOTE: Knowledge fundamentally differs from intent in being grounded
Primo excutienda est verbi vis, ne sermonis vitio obstructur oratio, sive lex sine argumentis
unless such a construction would either render them senseless or would be opposed to the gener scope and intent of the instrument, or unless there be some very cogent reason of convenience in favour of a different … be lost by defect of expression, and that the law be not without reasons.) The golden rule of construction is that words are to be construed according to their natural meaning, unless such a construction would either
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