Covenant - Law Dictionary Search Results
Home Dictionary Name: covenant Page: 3 Page 3 of about 1,183 results (0.004 seconds)Proper law of a contract
Proper law of a contract, refers to the legal system by which the parties to the contract intended their contract to be governed if their intention is expressly stayed or if it can be clearly inferred from the contract itself or its surrounding circumstances, such intention determines the proper law of con-tracts. Where, however, the intention of the parties is not expressly stated and no inference about it can be drawn, their intention as such has no relevance. It that event, the courts endeavour to impute an intention by identifying the legal system with which the transaction has its closest and most real connection, National Thermal Power Corporation v. Singer Company, 1992 (3) SCC 551....
Open contract
Open contract, a complete contract of which the meaning admits the implications of law without special conditions, or except so far as such conditions may modify these implications, as a contract to sell land without mentioning the day for completion of the purchase, or without stipulations as to title or otherwise. See Vendor and Purchaser Act, 1874, ss. 1, 2; Conveyancing Act, 1881, s. 3, reproduced with amendments by ss. 44 and 45, Law of Property Act, 1925. See CONTRACT FOR SALE OF LAND....
Contract note
Contract note, a short statement of the effect of a contract. The expression is defined ins. 77(3) of the Finance (1909-10) Act, 1910, as follows:--For the purposes of this Part of this Act, the expression contract note' means the note sent by a broker or agent to his principal, or by any person who by way of business deals, or holds himself out as dealing, as a principal in any stock or market-able securities, advising the principal or the vendor or purchaser, as the case may be, of the sale or purchase of any stock or marketable security, but does not include a note sent by a broker or agent to his principal where the principal is himself acting as broker or agent for a principal, and is himself either a member of a stock exchange in the United Kingdom or a person who bona fide carries on the business of a stockbroker in the United Kingdom, and is registered as such in the list of stockbrokers kept by the Commissioners.The same s. imposes stamp duties on contract notes varying with t...
Contract carriage, Stage carriage
Contract carriage, Stage carriage, the contract carriages are for those who want to hire the vehicle collectively or individually for a group or a party for their transport to a destination/destinations. The vehicle has to be hired as a whole for the carriage of passengers mentioned in the contract. Stage carriage is intended to meet the requirements of the general public travelling from one destination to another having different purposes whereas a contract carriage is meant for those who want to hire a public service vehicles as a whole collectively for their transport from one destination to another having the same purpose, State of Andhra Pradesh v. B. Noorulla Khan, (2004) 6 SCC 194 (203): AIR 2004 SC 2413. [Motor Vehicles Act, 1988, s. 2(7) and (40)]...
Contract of option
Contract of option, is one whereby the grantor of the option offers to enter into what may be called a 'major' contract with a second person and makes a separate contract to keep his offer open, Varty v. British South Africa Co., (1965) 1 Ch 508 (522)....
Voidable contract
Voidable contract, An agreement which is enforce-able by law after option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract.. [Contract Act, 1872 (9 of 1872), s. 2(i)]...
Void contract
Void contract, A contract which ceases to be enforce-able by law becomes void when it ceases to be enforceable. [Contract Act, 1872 (9 of 1872), s. 2(j)...
Pre-contract
Pre-contract. Where one of the parties to a marriage was under a prior agreement to marry a third person, such prior agreement was called a pre-contract. It was a canonical impediment to the marriage of either party. The Ecclesiastical Courts would formerly enforce this agreement, by compelling the parties to a public marriage, and if one of them had already married, such marriage would be void ab initio; but until thus avoided it was good. See 32 Hen. 8, c. 28, and 2 & 3 Edw. 6, c. 23, s. 2; Bishop on Marriage and Divorce, s. 53. But pre-contract is no longer a cause for dissolving a marriage in England; see 26 Geo. 2, c. 33; Co. Litt. 79 b, and Hargrave's note (4)....
Lien of a Covenant
Lien of a Covenant. The commencement of a covenant stating the names of the covenantors and covenantees, and the character of the covenant, whether joint or several....
Covenant, writ of
Covenant, writ of (abolished by 3 & 4 Wm. 4, c. 27, s. 36), a writ for claiming damages for breach of covenant,superseded by the action of covenant where the damages were unliquidated and by the actionof debt where liquidated; both of these forms of action havenow been abolished. See ACTIONS and preceding title....
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