Expectation Damages - Law Dictionary Search Results
Home Dictionary Name: expectation damages Page: 3Bonus
Bonus, premium or advantage; an occasional extra dividend; a gratuity. As to the respective rights of tenant for life and remaindermen in a bonus declared by a company, see Bouch v. Sproule, (1887) 12 App Cas 385; Re Northage, (1891) 60 LJ Ch 488, and see Palmer's Company Law, 15th Edn., 228.Means a premium paid in addition to what is due or expected e.g. year end bonus. In the employment context, worker's bonuses are not a gift or gratuity; they are paid for services or on consideration in addition or in excess of the compensation that would ordinarily be given; a payment made to the lessee for the execution of an oil-and-gas lease, the lessee received a large bonus at closing, Black Law Dictionary, 7th Edn., p. 176.Bonus is not, as its etymological meaning would suggest, a mere matter of bounty gratuitously made by the employer to his employees; nor is it a matter of deferred wages. It has been held by this Court in Muir Mills Co. Ltd. v. Suti Mills Mazdoor Union, Kanpur, (1955) 1 SC...
Estate
Estate [fr. status, Lat.; etat, Fr.], the condition and circumstance in which an owner stands with regard to his property. The word is used in several senses and may denote either an estate in land; or an estate in property other than land; a legal estate or an equitable estate, land being an immovable is capable of being the subject of many estates existing concurrently with each other, thus the absolute ownership or fee simple may be leased and sub-leased, mortgaged and charged, each of the holders of these estates having a good legal or equitable estate at the same time; again, estates may be in possession, or in futuro; personal property may also be subject concurrently to a variety of ownerships, according to its nature; technically, in regard to land, the word is used to denote the quantity of interest, e.g., estate in fee simple, for life, for years, etc., in either legal or equitable estates. In practice its most important division is into real estate and personal estate, altho...
Goodwill
Goodwill, may be the whole advantage belonging to the firm, its reputation as also connection thereof. It, thus, means that every affirmative advantage as contrasted with negative advantage that has been acquired in carrying on the business whether connected with the premises of business or its name or style, everything connected with or carrying the benefit of the business, Ramnik Vallabhdas Madhwani v. Taraben Pravinlal Madhwani, (2004) 1 SCC 407: AIR 2004 SC 1084 (Partnership Act, 1932, s. 55).A business's reputation, patronage, and other intan-gible assets that are considered when apprising the business, esp. for purchase; The ability to earn income in excess of the an come that would be expected from the business veined as a mere collec-tion of assets, Black's Law Dictionary, 7th Edn., p. 703.The advantage or benefit which is acquired by a business, beyond the mere value of the capital, stock, funds, or property employed therein, incon-sequence of the general public patronage and ...
Hue and Cry
Hue and Cry [fr. huer, Fr. to shout; crier, to cry aloud; hutesium et clamor, Lat.], the old common law process of pursuing with horn and voice felons and such as have dangerously wounded another. It may be raised by constables, or private persons, or both. If the constable or peace officer concur in the pursuit, he has the same power, etc., as if acting under a magistrate's warrant. All who join in a hue and cry, whether a constable be present or not, are justified in the apprehension of the person pur-sued, though it turn out that he is innocent; and where he takes refuge in a house, may break open the door, if admittance be refused; and by the Sheriffs Act, 1887 (50 & 51 Vict. c. 55), re-enacting 3 Edw. 1, c. 9, 'Every person in a county must be ready and appareled at the command of the sheriff, and at the cry of the country to arrest a felon,' and in default 'shall on conviction be liable to a fine.' But if a man wantonly or maliciously raise a hue and cry, he is liable to fine and...
Lease
Lease [either from locatio, Lat., the letting of property, or laisser, Fr., to let, or leapum, or leasum, Sax., to enter lawfully], sometimes also called demise (demissio), is a grant of property for life, or years, or from year to year or at will, by one who has greater interest in the property. The person granting is called the lessor, who is possessed of the reversion (as to a reversion being essential to a lease, see 1 Platt on Lease, pp. 9 et seq.); he to whom the property is granted, the lessee. The consideration is usually the payment of a rent or other annual recompense. The ancient operative words were 'demise, lease, and to farm let,' or 'demise and lease.'The (English) Law of Property Act,1925, makes a distinction between leases for years which become legal estates if they consist of terms of years absolute and leases for life which have been converted into merely equitable interests if created under a settlement, but by s. 149 of the Act leases for life at a rent or in cons...
Representation
Representation, by public bodies, associations or individuals ventilating individual grievances are considered by Petitions Committee of Lok Sabha. Representations in the form of letters, telegrams, copies of resolutions are treated as representation and considered by the Petitions Committee, representations relating to the proceedings in the House or conduct of member are also considered by Petitions Committee Practice and Procedures of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, P. 964.Representation, is a description, account or state-ment of facts or arguments intended to influence action or make protest, Webster American Dictionary, p. 1235.Representation, means a statement regarding a fact, A Dictionary of Law, Willium C. Anderson, 1889, p. 882.Representation, standing in the place of another for certain purposes, as heirs, executors, or administrators. See EXECUTOR; ADMINISTRATOR; PERSONAL REPRESENTATIVE; REAL REPRESENTATIVE.A presentation of fact-either by words or...
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