Escalation Clause - Law Dictionary Search Results
Home Dictionary Name: escalation clauseescalator clause
escalator clause 1 : a clause in a contract that provides for an increase in the amount of the payments made under the contract to reflect an increase in costs or the raising of a government-imposed cap on costs 2 : a clause in an employment contract that provides for an increase in wages to reflect a rise in the cost of living but prohibits a decrease to reflect a drop in the cost of living ...
Escalation clause
Escalation clause, which takes care of the rise and fall of prices in the market, D.C.M. Mills Co. Ltd. v. Raj. State Electricity Board, (1986) 2 SCC 431: AIR 1986 SC 1126: (1986) 1 SCR 633....
Escalation
Escalation, is normal and routine incident arising out of gap of time in this inflationary age in performing any contract of any type, Food Corporation of India v. A.M. Ahmed & Co., (2006) 10 JT 62: (2006) 11 SCALE 425: (2006) 8 SLT 133: (2006) 4 Arb LR 155....
Clause
Clause, means a clause the article in which the ex-pression occurs. [Constitution of India, Art. 366(5)]A distinct section or provision of a legal documentor instrument, Black's Law Dictionary, 7th Edn., p. 243.Clauses, means a series of numbered parts into which a Bill is divided; a descriptive title is printed in the margin of each clause, Parliamentary Practice; Erskine May, 22nd Edn., 1997, p. 463The main clauses of a bill in the Indian Parliament are: (i) Extent clause, (ii) Commencement clause, (iii) Definition clause, (iv) Rule making clause etc., Practice and Procedure by Parliament, M.N. Kaul & S.L. Shakdher, 5th Edn., 2001, p. 537....
Lands Clauses Consolidation Act, 1845, (English)
Lands Clauses Consolidation Act, 1845, (English) (8 & 9 Vict. C. 18), amended by 23 & 24 Vict. C. 106, and 32 & 33 Vict. c. 18, applicable to England and Ireland, the Public Act of Parliament whereby railway companies and other public bodies, authorised by special Act of Parliament to take the land of individuals for the purpose of such special Act, enter upon and make compensation for the land. Ss. 3 and 5 apply this general Act to every undertaking established by any special Act passed after its date by which the purchase or taking of lands for such undertaking is authorised and incorporate the general Act with such special Act except when or in so far as it is expressly excluded.The (English) Acquisition of Land (Assessment of Compensation) Act, 1919 (15 & 16 Geo. 5, c. 59), varied the principles of compensation provided by the Lands Clauses Acts upon compulsory purchase by a Government Department or a local or public authority, inter alia, compensation under the Act of 1919, is to ...
ipso facto clause
ipso facto clause : a clause in an agreement stipulating the consequences (as termination of a lease or acceleration of a payment) of the insolvency of one of the parties called also bankruptcy clause ipso facto bankruptcy clause NOTE: An ipso facto clause is invalid under the Bankruptcy Code because a trustee is not bound by any provision or applicable law that is conditioned on the debtor's insolvency. ...
penalty clause
penalty clause 1 : a clause (as in a contract) that calls for a penalty to be paid or suffered by a party under specified terms (as in the event of a breach) and that is usually unenforceable NOTE: A penalty clause differs from a liquidated damages clause by not being tied to an estimate of possible actual damages. 2 : a clause in a statute or judgment that sets forth a penalty for a specific act or omission (as failure to make a support payment on time) ...
Continuation clause
Continuation clause. In English time policies it has been usual to provide by a clause attached to the policy, called the continuation clause, that if at the end of the period of insurance the ship is at sea, the insurance may be extended until her arrival at some port, Arnould's Marine Insurance, 8th Edn. P. 570. The Finance Act, 1901, (1 Edw. 7, c. 7), s. 11,provides that a policy of sea insurance shall not be invalid on the ground only that by reason of such a clause it may become available for a period exceeding twelve months, and a continuation clause is for this purpose defined as an agreement to the effect that in the event of the ship being at sea or the voyage otherwise not completed on the expiration of the policy, to subject-matter of the insurance shall be held covered until the arrival of the ship, or for a reasonable time thereafter not exceeding thirty days....
Interpretation Clause
Interpretation Clause, a clause of an Act of Parlia-ment or document which defines the meaning of certain words occurring frequently in other clauses of the Act or document; see, e.g., s. 334 of the Public Health Act, 1936, replacing s. 4 of the (English) Public Health Act, 1875 (38 & 39 Vict. c. 55), and see also (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), s. 305. Almost all modern Acts define the sense in which certain terms are used for the purposes of the Act.Interpretation clauses have been much complained of by judges: see Mews's Digest, tit. 'Statute,' p. 1886; but they make an Act, by shortening, much easier to read, and indeed in their complicated matters with which modern legislation deals, their use is absolutely indispensable. It should, however, be observed that the definitions in such clauses are generally exclusively referable t the Statute, or Part, or S. to which they are expressed to relate and do not necessarily govern the meaning of the term in any...
Other-insurance clause
Other-insurance clause, means an insurance-policy provision that attempts to limit coverage if the insured have other coverage for the same loss. The three Major other-insurance clauses are the pro rata clause, the excess clause, and the escape clause, Black's Law Dictionary, 7th Edn., p. 1128....
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