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Fraud

actionable under the heading of deceit (q.v.). A knowing misrepresentation of the truth or con-cealment of a material fact to induce another to act to his or her detriment, Black's Law Dictionary, 7th Edn., p. 670. In … from the time at which such fraud was r might with reasonable diligence have been first known or discovered; see (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27), s. 26; Vane v.

writ

resulted in a different judgment [petitioned for a writ of error coram nobis on the ground that newly discovered evidence exonerated him] called also coram nobis writ of coram nobis writ of right 1 : a common-law … the appeal. writ of error coram nobis : a writ calling the attention of the trial court to facts which do not appear on the record despite the exercise of reasonable diligence by the defendant and which

Mistake

Mistake, misconception, error. Money paid under a mistake of a material fact, as where a person discounts a forged bill, is recoverable (though a banker paying the forged cheque of … may not be made the subject of compensation, and this condition applies whether an error complained of was discovered before or after completion of the purchase, Palmer v. Johnson, (1884) 13 QBD 351; but where the misdescription

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Award

improperly procured (Arbitration Act, 1889, s. 11); (2) The award discloses a manifestly mistaken decision in law or fact; (3) The award is nullity, e.g., made after time has expired or the submission has been revoked; (4) … has failed to use reasonable despatch in making the award. When new and material evidence has been subsequently discovered, the award may be remitted to the arbitrator for reconsideration. An interim award may be made and a

Uses

entitled to dower, and his estate was subjected to wardship, relief, and forfeiture for treason or felony. In fact, he was treated at Common Law as the absolute tenant of the fee. (8) A use, being but … the cestui que use continue the possession, whereby the real tenants that held the lands could not be discovered. 'Fourthly. The king lost the estates of aliens and criminals; for they made their friends trustees, who kept

Examine

for the purpose of obtaining a fuller insight into the subject of examination as a material substance a fact a reason a cause the truth of a statement to inquire or search into to explore as to … To test by any appropriate method to inspect carefully with a view to discover the real character or state of to subject to inquiry or inspection of particulars for the purpose of

Malice

(1829) 10 B&C 272. Ill-will or improper motive is often called actual or express malice, or malice in fact, to distinguish it from malice in law, which merely denotes absence of legal excuse. To amount to murder, … a sedate and deliberate mind and formed design kills another, which formed design is evidenced by certain circumstances discovering such intentions, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily

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