Continuing Default - Law Dictionary Search Results
Locomotives. I
inflicting a penalty on it appearing that they were so constructed but failed to consume by reason of default of the company owing them or its servants. As to fire caused by sparks from a locomotive, see … driving or attending, and if driving a trailer one or more in addition (s. 17). The period of continuous driving by any one person is limited by (s. 19) to 5-1/2 hours amounting to not more than
Notice to quit
to prove it. [(English) C.L.P. Act, 1854, s. 26] A notice to quit given by a mortgagor before default was held a good notice to determine the tenancy; and a notice given to a steward of a … action of ejectment because both parties are equally apprised of the termination of the term. If a tenant continue in possession by consent after his lease has expired, or rent has been received, a notice must be
Limitation of actions and prosecutions
simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract whereby to take any case out of the operation of 21 Jac. 1, c. 16, unless such … execution or intended execution of any Act of Parliament, or public duty or authority, or any neglect or default in execution thereof, are limited to six months [(English) Public Authorities Protection Act, 1893 (56 & 57 Vict.
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note
a note for an obligation secured by a collateral note non-recourse note : a note whose satisfaction upon default may be obtained only out of the collateral securing it promissory note : a note containing an unconditional … debtor's assets other than and in addition to the collateral securing it re·new·al note : a note that continues an obligation due under a previous note tax an·tic·i·pa·tion note : a note issued by a state or
Challenge
the jurors returned by the sheriff collectively, not for any defect in them, but for some partiality or default in the sheriff or his under-officer who arrayed the panel; this is either (a) a principal challenge, as … sheriff or other returning officer is of kindred or affinity to the plaintiff of defendant, if the affinity continue; that one or more of the jury are returned at the nomination of the plaintiff or defendant; that
Damage
core concept is seen in such words as actual damages, civil damages, compensatory damages, consequential damages, contingent damages, continuing damages, double damages, excessive damages, exemplary damages, general damages, irreparable damages, pecuniary damages, prospective damages, special damages, speculative … Stubbs, (1972) 4 SASR 200. Means loss or harm, physical or economic, resulting from a wrongful act or default and generally leading to the award of a measure of compensa-tion. It includes the death of, or injury
Guarantee
a 'collateral' or 'conditional' contract, in order to distinguish it from one that is 'original' or 'absolute'. A continuing guarantee is one which extends to a series of transactions and is not exhausted by nor confined to … a specified amount. [Constitution of India, Art. 366(13)] Guarantee, is in collateral engagement to answer for the debt, default, or miscarriage of another person, a promise to another as debtor to secure the payment of a debt
Coparceners or parceners
all the males in equal degree, as the sons, brothers, or uncles of the deceased intestate ancestor; in default of sons, they descended to all the daughters equally. Coparceners had a unity though not an entirety, or … alienee and the other coparceners there was a tenancy in common. the remaining coparceners would, as between themselves, continue to hold in coparcenary. They were seised both jointly and severally, and possessed a unity of title, but
Guaranty, or Guarantee
(53 & 54 Vict. c. 39), which takes the place of s. 4 of the same Act, 'a continuing guaranty given either to a firm or to a third person in respect of the transactions of a … action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages of another person, unless the agreement upon which such action shall be brought, or some memoran-dum
Winding-up
place (s. 168)- (1) In pursuance of a special resolution of the company requiring it; or (2) If default is made in delivering the statutory report to the registrar or in holding the statutory meeting; or (3) … By an extraordinary resolution of the company to the effect that it cannot by reason of its liabilities continue its business and that it is advisable to wind up. Thereupon the business of the company is to
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