Direct Damages - Law Dictionary Search Results
Steward of manor
refuser. The steward's remedy for a disturbance of his office is an action on the case for consequential damages. The King's Bench Division of the High Court will, upon a proper case made out, grant a writ
Prohibition
had against them for contempt, at the discretion of the Court that awarded it; and an action for damages will lie against them, by the party injured. Sometimes the point is too doubtful to be decided upon … party injured. Sometimes the point is too doubtful to be decided upon motion, and the party applying is directed to declare in prohibition, setting forth concisely so much of the proceeding in the Court below as may
Arising out of accident
of the motor vehicle and the accident resulting in death or permanent disablement is not required to be direct and proximate and it can be less immediate. This would imply the accident should be connected with the … Arising out of accident, indicates that for the purpose of awarding compensation, the casual relationship between the use of the motor vehicle and the accident resulting in death or permanent
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Criminal conversation
and rules as were formerly applicable to the trial of actions for criminal conversation, and the Court may direct that they be settled for the benefit of the children of the marriage or as a provision for … s. 33 [replaced by the (English) Judicature Act, 1925, s. 189] gives a husband the right to claim damages from adulterer, either in a petition for dissolution of marriage or for judicial separation,or in a petition limited
Inquiry, writ of
2, the Court or a judge may at any stage of the proceedings in a cause or matter direct any necessary inquiries or accounts to be made or taken. Inquiries may be made in district registries. [(English) … in which the venue is laid, stating the proceedings in an action, and 'because it is unknown what damages the plaintiff has sustained,' commanding the sheriff that, by the oath of twelve men of his county, he
Tithe Rent-Charge
respect of land owned by two or more persons and to manage the annuities until the management is directed to be transferred to the Commissioners of Inland Revenue. Sec. 5 defines the particulars which owners are required … October, 1936 (s. 1). The Act creates redemption stock secured by the consolidated fund to be issued for compensation to persons interested in tithe rent-charge to yield interest equal to the gross annual value of the rent-charge
Managing agent
whole affairs of a company by virtue of an agreement with the company, and under the control and direction of the directors except to the extent, if any, otherwise provided for in the agreement, and includes any … such other person's trade or business, but does not include an individual manager subordinate to an employer. [Workmen's Compensation Act, 1923 (80 of 1923), s. 2 (1) (f)] Means a person, firm or company entitled to the
Election
The term 'election' is also used to signify the determination of persons entitled to the proceeds of property directed to be converted to take the property in its unconverted state and thus put an end to the … and at the same time claims that devised to him by the testator, he is bound to make compensation out of it to B, whom he has disappointed by thus electing; see Streatfield v. Streatfield, (1735) Cas.
cause
that results in a usually foreseeable effect (as an injury) which would not otherwise have occurred called also direct cause legal cause see also Palsgraf v. Long Island Railroad Co. in the Important Cases section compare remote … without it [claimed that the workplace accident was a producing cause of his disability] used esp. in workers' compensation and consumer protection cases NOTE: A producing cause lacks the element of foreseeability associated with a proximate cause,
Preferential payments
Bankruptcy Act, 1914, s. 33, and the (English) Companies Act, 1929, s. 264, by which these debts are directed to be paid in priority to all others; and by s. 264 (4) (b) of the Companies Act, … of hiring to have the whole or proportionate part of that sum). Also sums due under the Workmen's Compensation Acts, the National Insurance Acts (Health and Unemployment and Contributory Pensions). These debts rank equally between them unless
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