Defect - Law Dictionary Search Results
Home Dictionary Name: defect Page: 3 Page 3 of about 237 results (0.002 seconds)Culpa
Negligence or fault as distinguishable from dolus deceit fraud which implies intent culpa being imputable to defect of intellect dolus to defect of heart...
Arrest of judgment
Arrest of judgment, Formerly an unsuccessful defendant might move that the judgment for the plaintiff be arrested or withheld, notwithstanding a verdict given, on the ground that there was some substantial error appearing on the face of the record which vitiated the proceedings. (See now R.S.C. Ords. XXVII. And XXXIX.) Judgment may be arrested for good cause in criminal cases, if the indictment be insufficient. See Archbold's Criminal Pleading.Means the staying of judgment after its entry, especially, a court's refusal to render or enforce a judgment because of a defect apparent from the record. At Common Law, courts have the power to arrest judgment for intrinsic causes appearing on the record, as when the verdict differs materially from the pleading or when the case alleged in the pleadings is legally insufficient. Today, that type of defect must typically be objected to before trial or before judgment is entered, so that the motion in arrest of judgment has been largely superseded, ...
Cause of a like nature
Cause of a like nature, the expression. 'Cause of a like nature' will have to be read ejusdem generis with the expression 'defect of jurisdiction'. So construed the expression 'other cause of a like nature' must be so interpreted as to convey something analogous to the preceding words 'from defect of jurisdiction', Zafar Khan v. Board of Revenue, AIR 1985 SC 39 (47). [Limitation Act (36 of 1963), s. 14]...
Constructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim, whether he knew of it or not; for instance, a purchaser of land who is satisfied to take a shorter title than he could call for by statute is affected by notice of all trusts and equities of which he would have had notice if he had seen the full title. See Cox and Neve's Contract, (1891) 2 Ch 109; Patman v. Harland, (1881) 17 CD 353 illustrates the doctrine. It was there held that: (a) notice of a material document is notice of its contents, and (b) although the (English) Vendor and Purchaser Act, 1874...
Duty to report defective plant
Duty to report defective plant, where a self-employed person or an employee discovers any defect in any plant which he is required to use in the course of dock operations which he cannot rectify, he must, without unreasonable delay, report that defect to the person in control of that plant, or in the case of an employee, to his employer or the person in control of the plant, Halsbury's Laws of England (20), para 795, p. 646...
Illegal, incorrect or irregular decree and void decree
Illegal, incorrect or irregular decree and void decree, the distinction between a decree which is void and a decree which is wrong, incorrect, irregular or not in accordance with law cannot be overlooked or ignored. Where a court lacks inherent jurisdiction in passing a decree or making an order, a decree or order passed by such court would be without jurisdiction, non est and void ab initio. A defect of jurisdiction of the court goes to the root of the matter and strikes at the very authority of the court to pass a decree or make an order. Such defect has always been treated as basic and fundamental and a decree or order passed by a court or an authority having no jurisdiction is a nullity. Validity of such decree or order can be challenged at any stage, even in execution or collateral proceedings. All irregular or wrong decrees or orders are not necessarily null and void. An erroneous or illegal decision, which is not void, cannot be objected in execution or collateral proceedings, B...
Redhibition
Redhibition [fr. redhibitio, Lat.], an action allowed to a buyer by which to annul the sale of some movable, and to oblige the seller to take it back again upon the buyer finding it damaged, or that there was some deceit, Civ. Law.; Sand. Just.Means the voidance of a sale as a result of an action brought on account of some defect in a thing sold, on grounds that the defect renders the thing either useless or so imperfect that the buyer would not have originally purchased it, Black's Law Dictionary, 7th Edn., p. 1282...
Void decree, illegal decree
Void decree, illegal decree, the distinction between a decree which is void and a decree which is wrong, incorrect, irregular or not in accordance with law cannot be overlooked or ignored. Where a court lacks inherent jurisdiction in passing a decree or making an order, a decree or order passed by such court would be without jurisdiction, non est and void ab initio. A defect of jurisdiction of the court goes to the root of the matter and strikes at the very authority of the court to pass a decree or make an order. Such defect has always been treated as basic and fundamental and a decree or order passed by a court or an authority having no jurisdiction is a nullity. Validity of such decree or order can be challenged at any stage, even in execution or collateral proceedings, Balwant N. Vishwamitra v. Yadav Sadashiv Mule, (2004) 8 SCC 706....
cure
cure cured cur·ing vt : to deal with in a way that eliminates or corrects: as a : to use judicial procedures to undo (damage to a litigant's case caused by procedural errors made during a trial) [subsequent proceedings cured harm caused by trial court's error in impermissibly allowing…statements of government witness "National Law Journal"] ;also : to judicially correct or negate (procedural errors) [ a defect in the pleadings] b : to correct or make acceptable (a defective performance or delivery under a contract) [the nonconformity would be seasonably cured "J. J. White and R. S. Summers"] c : to negate (a default by a debtor in bankruptcy) by restoring the debtor and creditor to their positions before the default vi : to eliminate or correct a defect ;esp : to correct or make acceptable a defective performance or delivery under a contract [the seller may seasonably notify the buyer of his intention to and may then within the contract time make a conforming deliv...
rejection
rejection : the act or an instance of rejecting: as a : a refusal to accept an offer b : a refusal to accept nonconforming goods as performance of a contract NOTE: Rejection and revocation are two remedies available to the buyer under the Uniform Commercial Code after the delivery of defective goods. Goods may be rejected if they do not conform to the contract. The rejection must be made within a reasonable period after delivery, before the goods have been accepted, and notice of the rejection must be given to the seller. Acceptance of the goods can be revoked if a defect substantially impairing their value to the buyer is discovered after acceptance, but such revocation must be made within a reasonable period after the buyer has discovered, or should have discovered, the defect. ...
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