Delivered - Law Dictionary Search Results
Home Dictionary Name: delivered Page: 2Conversion 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)....
Goods
Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an orchestral rendition. The music is produced by the artistry of musicians and in itself is not a 'good', but when transferred to a laser-readable disc it becomes a readily merchant-able commodity. Similarly, when a professor deliv-ers a lecture, it is not a good, but, when transcribed as a book, it becomes a good. That a computer program may be copyrightable as intellectual property does not alter the fact that once in the form of a floppy disc or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3dCir 1991. Associated Cement Compa...
Retainer
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 ...
Rejoinder
Rejoinder, a defendant's answer to a plaintiff's reply, which must have been delivered within four days after notice, unless the defendant was under any terms of 'rejoining gratis,' which meant rejoining within four days from the delivery of the replication without a notice to rejoin, or a demand of a rejoinder.By (English) R.S.C. 1883, Ord. XXIII., no pleading subsequent to reply, other than a joinder of issue, may be pleaded without leave, except in Admiralty actions, and subject to this rule every pleading subsequent to reply must be delivered within four days after the delivery of the previous pleading. The pleadings subsequent to reply are Rejoinder, Surrejoinder, Rebutter and Surrebutter (see those titles)....
Quantum valebant
Quantum valebant, means 'as much as they were worth'. At common law, a count in an assumpsit action to recover payment for goods sold and delivered to another, Black's Law Dictionary, 7th Edn., p. 1255.--(so much as it was worth). Where goods, etc., were delivered at no certain price, or for as much as they were worth in general, then quantum valebat lay, and the plaintiff was to aver them to be worth so much, as where the law obliged one to furnish another with goods or provisions, as an innkeeper to his guests, etc. Compare quantum meruit (supra)....
Loss
Loss, the word 'loss' used in Railway Act can never mean loss to the owner, it means that the goods have disappeared in the course of transit and neither the railway nor the consignor nor the consignee re or is in a position to trace them, Union of India v. Sha Vastimull Harakchand, AIR 1959 Mys 13.The word 'loss' in the third clause of the 6th paragraph of art. III to the Act means and includes any loss caused to a shipper or a consignee by reason of the inability of the ship or the carrier to deliver part or whole of the goods, to whatever reason such failure may be due, East and West Steamship Co. v. S.K. Ramalingam Chettiar, AIR 1960 SC 1058: (1960) 3 SCR 820 [Carriage of Goods by Sea Act, 1925, Sch. Art III, Para 6, Cl. (3)]The word 'loss' is intended to mean and include every kind of loss to the owner of the goods--whether it is the whole of the consignment which is not delivered or part of the consignment which is not delivered and whether such non-delivery of the whole or part ...
In course of transmission
In course of transmission, Until an article dis-patched by post, is delivered or can be said to be delivered that it will be deemed to be in course of transmission, Radha Kishan v. State of U.P., AIR 1963 SC 822 (825): (1963) Supp (1) SCR 408 [Indian Post Office Act, 1898, s. 3(9)]...
Bill of costs
Bill of costs, an account of the charges and disbursements of an attorney or solicitor incurred in the conduct of his client's business. It must be delivered, signed, to the client, one calendar month before an action can be brought to recover the amount thereof, in order to give the client an opportunity of taxing it. An executor or administrator of an attorney or solicitor must also deliver a bill of costs, signed, and delivered, before he can sue upon it. See (English) Solicitors Act, 1932 (22 & 23 Geo. 5, c. 37), ss. 64 and 65. As to taxation, ibid., ss. 66 to 68, and see the (English) Solicitors Remuneration Order, 1932 (S.R. & O. of 1932, No. 940); Chit. Stat., tit. 'Solicitors....
Catallis reddendis
Catallis reddendis, an obsolete writ that lay where goods delivered to a man to keep till a certain day were not upon demand re-delivered at the day, Reg. Brev. 39....
Capacity payment
Capacity payment, is any sum included in the consideration under a contract for the sale of oil consisting of gas won from an oil field which (1) is payable by the buyer at specified times or in respect of specified periods, and (2) is payable whether or not oil is delivered under the contract at particular times or in particular periods, even though it may very by reference to deliveries of oil or other factors, and (3) does not under the terms of the contract, or by virtue of certain statutory provisions, fall to be treated wholly or partly as an advance payment for oil to be delivered at some time after the times or periods at or in respect of which that sum is payable, Halsbury's Laws of England, Vol. 19(2), para 1867, p. 1337....
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