Deliver - Law Dictionary Search Results
Home Dictionary Name: deliver Page: 2Retainer
Retainer. (1) The contract between client and solicitor or between solicitor and counsel for professional services: the contract that such services shall not be given to the opposite party; (2) a document given by a solicitor to counsel, engaging the person who receives it to appear for a party, either in some particular suit or action in prospect (which is called a special retainer, or in all matters of litigation in which such party may at any time be involved; this is called a general retainer. Subject to rr. 20 and 21 of the Retainer Rules, a special retainer is binding if duly tendered, whether accepted or not, but there is no rule of the profession which makes a general retainer binding on a counsel unless it is accepted by him.Rules 20 and 21 are shortly as follows.By rule 20 counsel who has drawn pleadings or advised, or accepted a brief, during the progress of an action on behalf of any party must not accept a retainer or brief from any other party without giving the party or ...
Escrow
Escrow, a writing under seal delivered to a third person, to be delivered by him to the person whom it purports to benefit upon some condition. Upon the performance of the condition it becomes an absolute deed; but if the condition be not performed, it never becomes a deed. It is not delivered as a deed, but as an escrow, i.e., a scrowl, or writing which his not to take effect as a deed till the condition be performed, Co. Litt. 36 a; Shep. Touch. P. 58; London Property Co. v. Suffield, (1897) 2 Ch 608. Subject to agreement or instructions, an escrow, if released as operative, takes effect from date of the original execution and delivery, Graham v. Graham, (1791) 1 Ves Jun 274. See DELIVERY OF DEED.A legal document or property delivered by a provision to a third party to be held by the third party for a given amount of time or until the occurrence of a condition at which time the third party is to hand over the document or propertyto the promisee, Black's Law Dictionary, 7th Edn., p. 5...
Intrust
To deliver something to another in trust to deliver to another something in trust to commit or surrender something to another with a certain confidence regarding his care use or disposal of it as to intrust a servant with ones money or intrust money or goods to a servant...
Conversion and detinue
Conversion and detinue, a conversion is an act of wilful interference, without lawful justification, with any chattel in a manner inconsistent with the right of another, whereby that other is deprived of the use and possession of it. If a carrier or other bailee wrongfully and mistakenly delivers the chattel to the wrong person or refuses to deliver it to the right person, he can be sued as for a conversion. The action of detinue is based upon a wrongful detention of the plaintiff's chattel by the defendant, evidence by a refusal to deliver it upon demand and the redress claimed is not damages for the wrong but the return of the chattel or its value. If a bailee unlawfully or negligently loses or parts with possession he cannot get rid of his contractual liability to restore the bailor's property on the termination of the bailment and if he fails to do, he may be sued in detinue, Dhian Singh Sobha Singh v. Union of India, AIR 1958 SC 274 (278)....
entrust
entrust also in·trust vt 1 : to deliver something to (a person) under a charge or duty 2 : to give (something) over to the care of another ;specif : to deliver to a merchant who may transfer ownership to a buyer in the ordinary course of business used esp. in the Uniform Commercial Code; see also negligent entrustment compare bail, consign en·trust·ment n ...
Cheating
Cheating, Cheating is defined as whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that, person in body mind, reputation or property, is said to 'cheat' in s. 415 of the IPC and the ingredients for the offence are:(i) there should be fraudulent or dishonest inducement of a person by deceiving him;(ii) (a) the person so induced should be intentionally induced to deliver any property to any person or to consent that any person shall retain any property, or(b) the person so induced should be intentionally induced to do or to omit to do anything which he would not do or omit if he were not so deceived; and(iii) In cases covered by the second part of ...
Delivery order
Delivery order, a delivery order is an order by the owner of goods directing the person who holds them on his behalf to deliver them to the person named in the order, Jaggilal K. Pratapmal Rameshwar, AIR 1978 SC 389 (396). [Sale of Goods Act, 1930, s. 2(4)]--A writing directed to the bailee of goods mentioned in the order requesting him to deliver over the goods to the person named in the order. Such an order is a 'document of title' within the (English) Factors Act, 1889 (52 & 53 Vict. c. 45), s. 1 (4), and the (English) Sale of Goods Act, 1893 (56 & 57 Vict.c. 71), s. 62(1). See Chitty's Statutes, tits. 'Factors' and 'Goods.' As to the effect on innocent parties of a delivery order which is fradulent, see Union Credit Bank v. Mersey Docks, (1899) 2 QB 205; Farquharson Bros. v. King, 1902 AC 325....
Statute staple
Statute staple, a bond of record acknowledged before the mayor of the staple, in the presence of the constables of the staple, or one of them; the only seal required for its validity was the seal of the staple, and therefore if the statute were void for any cause, it could not, as in the case of a statute-merchant (q.v.), be proceeded on as a common obligation; and, wanting the sanction of the seal of the king, the sheriff, after the extent, could not deliver the lands to the consuee, but had to seize them into the king's hands; and in order to obtain possession of them, the conusee had to sue out a writ of Liberate, which was a writ out of Chancery, reciting the former writ, and commanding the sheriff to deliver to the conusee all the lands, tenements, and chattels by him taken into the king's hands, if the conusee would have them, until he should be satisfied his debt. Obsolete. See STAPLE...
Sets of Exchange, or of Bills
Sets of Exchange, or of Bills. It has been common, from a very early period, for the drawer to draw and deliver to the payee several parts, commonly called a set, of the same bill of exchange, any one part of which being paid, the others are void. This is done to obviate inconveniences from the mislaying or miscarriage of the bill, and to enable the holder to transmit the same by different conveyances to the drawee, so as to ensure the most speedy presentment for acceptance and payment. The general usage in England and America is for the drawer to deliver a set of three parts of a bill to the payee or holder, Byles on Bills.By the Bills of Exchange Act, 1882, s. 71, 'where a bill is drawn in a set, each part of the set being numbered and containing a reference to the other part, the whole of the parts constitute one bill....
Reply
Reply, the response of the opening counsel on a trial, which is only allowed when evidence has been given in answer to the case first stated, except in the case of the Crown, which is always entitled to reply. See Criminal Procedure Act, 1865 (28 & 29 Vict. c. 18), which applies to civil as well as criminal cases.Also the pleading of the plaintiff which follows the defendant's statement of his defence or counter-claim (see R.S.C. 1883, Ord. XXIII.), by which (r. 1), where plaintiff desires to deliver a reply, he shall deliver it within seven days from the delivery of the defence; (r. 2), when a counterclaim is pleaded, a reply thereto shall be subject to the rules applicable to defences. See ISSUE and PLEADING.In federal practice, the plaintiff's response to the defendant's counterclaim (or, by court order, to the defendant's or a third party answer), Black's Law Dictionary, 7th Edn., p. 1302....
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