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Locomotives. I
I. On Highways.--Locomotives on highways are of two classes: (a) Light Locomotives; (b) Heavy Locomotives. (a) Formerly the expression light locomotive and motor car meant the same apart from certain provisions as to registration. As to motor … see MOTOR CAR. Now light locomotives as defined by the (English) Road Traffic Act, 1930 (20 & 21 Geo. 5, c. 43), are mechanically propelled vehicles which are not constructed themselves to carry any load (other than
Negligence
Negligence, acting carelessly, a question of law or fact or of mixed fact and law, depending entirely upon the nature of a duty, which the person charged with negligence has failed to comply with or … in each case, i.e., (1) ordinary, which is the want of ordinary diligence; (2) slight, the want of great diligence; and (3) gross, the want of slight diligence. A smaller degree of negligence will render a person
Mortmain
hand that cannot shift away the property. It takes place upon alienation to any corporation, sole or aggregate, ecclesiastical or temporal, 2 Bl. Com. 268. By several old statutes, alienation of lands and tenements in mortmain, i.e., … unserviceable hand, were prohibited under pain of forfeiture to the lord, the fruits of whose feudal seigniory (the great hinge of government in those days) were thus impaired. But either with or without the consent of the
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Indemnity
Indemnity, a contract, express or implied, to keep a person harmless from loss which that person may incur by reason of some … loss which that person may incur by reason of some act, omission or event. It differs from a guarantee which requires a writing under s. 4 of the Statute of Frauds in that the latter guarantee contemplates
Impossibility
thing which is absolutely impossible by its nature, such contract will not bind him--lex non cogit ad impossibilia, e.g., where the subject-matter has perished before date of contract, or never existed [see (English) Sale of Goods Act,
Action
one's due, or the lawful demand of one's right. Bracton (Bk. 3, cap. 1) defines it:-Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur.-(An action is nothing else than the right of suing in … action taken in any form whether by way of recommendation or finding or 'in any other manner', e.g., granting licenses or privileges, awarding contract, distributing Government land under statutory Rules or otherwise or withholding decision on any
Power
Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not … the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157. Power, is an authority reserved by, or limited to,
Consideration
benefit or advantage, or any labour detriment or inconvenience sustained or suffered by the promisee at the request, express or implied, of the promisor. See Laythoarp v. Bryant, 3 Scott 250; 2 Wms. Saund 137 h; Currie … promise should be equivalent in actual value, for it would be impossible precisely to determine whether, in a given case, the consideration were adequate, without a psychological investigation into the motives of the parties. If the consideration,
Law Reports
published for the purpose of being used as precedents (see (REPORTS). Prior to 1865, these reports were all executed and published as mere private speculations, one reporter or pair of reporters being usually, though not always, accredited
Quota
Quota, the proportion of a contribution. See, e.g., (English) Militia Act, 1882, s. 37; (English) Land Tax Act, 1797, s. 2. Under the (English) Cinematograph Films
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