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fraud

b : the affirmative defense of having acted in response to a fraud 2 : the crime or tort of committing fraud [convicted of securities ] see also misrepresentation NOTE: A tort action based on fraud is … fraud [Latin fraud- fraus] 1 a : any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage ;specif : a misrepresentation or concealment with reference to some fact material

Separate estate

that:- 1. Every contract hereafter entered into by a married woman otherwise than as agent, (a) shall be deemed to be a contract entered into by her with respect to and to bind her separate property whether … which at that time or thereafter she is restrained from anticipating. The (English) Law Reform (Married Women and Tortfeasors) Act, 1935 (25 & 26 Geo. 5, c. 30), repealed the provisions of this s. and provides, subject

criminal conversation

criminal conversation : the tort of committing adultery with another's spouse compare alienation of affections NOTE: This tort is no longer recognized in

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tortious

tortious : constituting a tort : recognized as a tort [a act] [ interference with contract] tor·tious·ly adv

Measure of damage

law is that in contract the measure of damage is the actual loss to the plaintiff, and in tort the compensation to the plaintiff for the loss or damage which it may be supposed be has suffered … Measure of damage, the test which determines the amount of damages to the given. The general rule in English law is that in contract the

Trover

hand, the plaintiff was always out of possession and the defendant in possession of the goods when the tort was committed.-Odgers on the Common Law, and see Salmond on Torts. A common law action for recovery of … lay only where the goods had been lost by the plaintiff and 'found' (whence the name) by the defendant, but it was in course of time allowed to be brought as above upon a fictitious allegation of

Abandonment

for the benefit of his creditors. The Civil Law permitted a master who was sued for his slave's tort, or the owner of an animal who was sued for an injury done by it, to abandon the … sunk in the Thames, and therefore no freedom from responsibility. Also the surrender of his property by a debtor for the benefit of his creditors. The Civil Law permitted a master who was sued for his slave's

Indemnity

from a person who has such a duty. (3) Reimbursement or compensation for loss, damages, or liability in tort; esp., the right of a party who is secondary liable to recover from the party who is primarily … indemnity or where otherwise a right of subrogation arises, any act of the person indemnified, which diminishes or destroys the right of the indemnifier against third parties, either destroys the right to an indemnity or reduces it

Workmen's Compensation Act

16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, … employment [s. 1 (1) (a), ibid.], and serious and wilful misconduct may disqualify unless the injury results in death or serious and permanent disablement [s. 1 (1) (b), as explained by s. 1 (2)]; contracting out is

preclude

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

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