Estoppel - Law Dictionary Search Results
Home Dictionary Name: estoppel Page: 4Approbate and reprobate
Approbate and reprobate, the doctrine of 'approbate and reprobate' is only a species of estoppel; it applies only to the conduct of parties. As in the case of estoppel it cannot operate against the provisions of a statute, CIT v. V. MR. P. Firm Muar, AIR 1965 SC 1216 (1221): (1965) 1 SCR 815. (Evidence Act, 1872, s. 115) See also AIR 1956 593 (602).--A person is said to approbate and reprobate where he takes advantage of one part of a document and rejects the rest, Scots Law. The maxim runs, Qui approbat non reprobat: One who approbates cannot reprobate. The doctrine is the same as the English law of election, Douglas-Menzies v. Umphelby, 1908 AC 224. See ELECTION....
title
title [Anglo-French, inscription, legal right, from Old French, from Latin titulum inscription, chapter heading, part of the law that sanctions an action] 1 a : the means or right by which one owns or possesses property ;broadly : the quality of ownership as determined by a body of facts and events after-acquired title : title that vests automatically in a grantee when acquired by a grantor who purported to sell the property before acquiring title ;also : a doctrine that requires such vesting compare estoppel by deed at estoppel NOTE: The doctrine of after-acquired title generally does not apply when the grantor receives title by quitclaim deed; to vest title in the grantee the deed must include words expressing such an intention. clear title : title that exists free of claims or encumbrances on the property [had clear title to the farm] ;broadly : marketable title in this entry equitable title : title vested in one who is considered by the application of equitable principl...
merger
merger 1 : the absorption of a lesser estate or interest into a greater one held by the same person compare confusion 2 : the incorporation and superseding of one contract by another 3 a : the treatment (as by statute) of two offenses deriving from the same conduct such that a defendant cannot be or is not punished for both esp. when one offense is incidental to or necessarily included in the other [a of offenses in a statute] [a of convictions] b : the doctrine according to which such offenses must be merged compare double jeopardy NOTE: Merger commonly involves the interpretation of statutes and legislative intent in deciding whether two or more offenses deriving from the same conduct remain distinct. 4 : a doctrine in civil litigation: a judgment in favor of a plaintiff incorporates and supersedes the cause of action and any claims based on it and requires that further litigation in the case by the defendant be concerned with the judgment itself compare bar estoppel by judg...
preclude
preclude pre·clud·ed pre·clud·ing : to prevent or exclude by necessary consequence [the requirement of a marriage ceremony s the creation of common-law marriages in this jurisdiction]: as a : to prevent (a party) from litigating an action or claim esp. by collateral estoppel or res judicata [they are precluded only because they failed to assert…the grounds for recovery they now assert "Roach v. Teamsters Local Union No. 688, 595 F.2d 446 (1979)"] b : to prevent (a claim or action) from being litigated esp. by collateral estoppel or res judicata [the Civil Service Reform Act provides the exclusive address for adverse federal employment actions and thus s claims brought under the Tort Claims Act "National Law Journal"] pre·clu·sion [-klü-zhən] n pre·clu·sive [-klü-siv] adj ...
file wrapper
file wrapper : a written record in a patent office of the application and negotiations for a patent preceding the issuance of the patent see also file wrapper estoppel at estoppel ...
bar
bar often attrib 1 a : the railing in a courtroom that encloses the area around the judge where prisoners are stationed in criminal cases or where the business of the court is transacted in civil cases compare bench, dock, jury box, stand b : court tribunal [the younger judge brought a fresh viewpoint to the ] 2 a : the whole body of lawyers ;esp : those qualified to practice in the courts of a particular jurisdiction [admitted to the Arizona ] [the bankruptcy ] compare bench b : the profession or occupation of lawyer c : bar examination [passed the ] 3 : something that prevents admission, progress, or action: as a : an intangible impediment, obstacle, or barrier [the restrictive covenant raised a racial ] [consent of the victim is a to conviction] b : the permanent preclusion of a claim or action esp. due to the loss of a previous suit based on the same cause of action and between the same parties [its earlier successful suit against the purchaser for the price was a to...
agent
agent 1 : someone or something that acts or exerts power : a moving force in achieving some result 2 : a person guided or instigated by another in some action [where the heads of departments are the political…s of the executive, merely to execute the will of the president "Marbury v. Madison, 5 U.S. 137 (1803)"] see also innocent agent 3 a : a person or entity (as an employee or independent contractor) authorized to act on behalf of and under the control of another in dealing with third parties see also agency, fiduciary relationship, subagent compare fiduciary, principal, servant apparent agent : an agent acting under an agency by estoppel bar·gain·ing agent : a labor union that represents the employees in a bargaining unit in negotiating with their employer through collective bargaining business agent : an agent that handles business affairs for another person or organization ;esp : a paid official of a union who carries on union business between the employ...
issue preclusion
issue preclusion : estoppel by judgment at estoppel ...
Estoppel
A stop an obstruction or bar to ones alleging or denying a fact contrary to his own previous action allegation or denial an admission by words or conduct which induces another to purchase rights against which the party making such admission can not take a position inconsistent with the admission...
Settlement
Settlement, means an agreement ending a dispute or a law suit, Black's Law Dictionary, 7th Edn., p. 1377.Settlement, suggests that, in the process of vesting, the right to possession in such lands is also vested in the State, and thereafter it is settled back with the outgoing proprietor by the operation of law, Brijnandan Singh v. Jamuna Prasad Sahu, AIR 1958 Pat 589.Settlement, the act of giving possession by legal sanction; a jointure granted to a wife; a disposition of either real or personal property or both for the benefit of one person for his life, and after his death for the benefit of another person absolutely, or with a similar ultimate devolution for the use of several persons in succession after the person first named. See last title, and SETTLEMENT ESTATE DUTY.The conveyance of property -- or of interests in property -- to provide for one or more beneficiaries, usu. members of settlor's family in a way that differs from what the beneficiaries would receive as heirs under ...
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