Executor De Son Tort - Law Dictionary Search Results
Infant
Articles of apprenticeship [see Green v. Thompson, (1899) 2 QB 1], executed contracts of marriage, representative acts as executor or trustee, contracts for necessaries. In an action brought for the price of goods, if the defendant pleads … as executor or trustee, contracts for necessaries. In an action brought for the price of goods, if the defendant pleads infancy, the onus is on the plaintiff to prove that the goods were necessaries, Nash v. Inman, … Milton v. Studd, (1910) 2 KB 118. An infant is liable for torts committed by him unless the tort has arisen out of a contract,
Damage
McGregor are the pecuniary compensation, obtainable by success in an action, for a wrong which is either a tort or a breach of contract, the compensation being in the form of a lump sum which is awarded … to be claimed through the amendment, Hi Sheet Industrial v. Litelon Limited (FB), AIR 2007 Mad 78. As defined by McGregor are the pecuniary compensation, obtainable by success in an action, for a wrong which is either
Volenti non fit injuria
v. Weardale, etc., Co., 195, AC 67. Consent or 'leave and licence' may be said to be a defence in actions of tort or prosecutions (see Archbold, Cr. Pr.), where the consent is to the specific injury … the face of imminent risk is not consent disentitling a plaintiff from his remedy, Haynes v. Harwood & Son, (1935) 1 KB 146; contra if the risk was undertaken voluntarily and not under duty, Cutler v. United
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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 … 1 SCR 95. (iv) Negligence is a term of art but has distinct meanings in different jurisdictions. In Torts, damage is an essential ingredient, but that element is not necessary in the law of master and servant.
civil case
civil case a lawsuit brought by a party (the plaintiff) against another party (the defendant) claiming that the defendant failed to carry out a legal duty owed to the plaintiff and that the … civil case a lawsuit brought by a party (the plaintiff) against another party (the defendant) claiming that the defendant
Misnomer
Misnomer, a wrong name. Nil facit error nominis cum de corpore vel persona constat. 11 Rep. 21.--(A mistake in the name does not matter when there is no … in the name does not matter when there is no mistake in the body or person.) Misnomers in civil proceedings are curable under R.S.C. 1883, Ord. XXVIII., and misnomers in criminal pleadings by 7Geo. 4, c. 64,
Replevin
action of replevin to be forthwith commenced by him against the distrainer, and prosecuted with effect and without delay either in the County Court or in the High Court, and to restore it if the right be … Replevin, a personal action to recover possession in specie of goods unlawfully taken (generally, but not exclusively, applicable to the taking
Quare ejecit infa terminum
are two things recovered, as well restitution of the term of years, as damages for the ouster or wrong, Commentaries on the Laws of England, 3 William Blackstone 199 (1768)
Campbell's (Lord) Acts (English)
which is to compensate the wife, husband, parent, or child of the deceased, may be commenced by the executor or administrator, but if not instituted within six months, then any person interested may commence the proceedings. The … provided for the compensation of the families of persons killed by negligence (q.v.). To found an action the death must have resulted from the act, neglect, or default of the defendant against whom an action founded on … started within 12 months after the death. The rights of persons to claim under this Act cannot be abrogated by a contract entered into by
party
to a third party] b : one (as an individual, firm, or corporation) that constitutes the plaintiff or defendant in an action ;also : one so involved in the prosecution or defense of a judicial or quasi-judicial … will result in the dismissal of an action compare necessary party in this entry NOTE: Federal Rule of Civil Procedure 19 provides the courts with discretion in determining whether the absence of a party requires dismissal of
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