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Staunforde
frequently transcribed from Bracton. This is in general done with success and propriety, though sometimes his author has failed him; as, among other instances, may be observed Bracton's definition of larceny, which was not law at the
Special defence
limitations, bankruptcy, or equitable defence. for example, he must specially plead the Statute of Frauds, and if he fails to do so in one action he may be estopped from doing so in a subsequent action, Humphries
Repleader
made when, after issue joined and verdict thereon, the pleading was found (on examination to have miscarried, and failed to effect its proper object, of raising an apt and material question between the parties. A repleader might
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Remitter of actions to County Court
where the plaintiff has no visible means of paying the defendant's costs in the event of the claim failing. Certain equity proceedings may be transferred to the County Court (s. 54), and also certain Admiralty proceedings (s.
Record, Trial by
Upon this, the party affirming its existence is bound to produce it in Court on a given day; failing to do so, judgment is given for his adversary. The trial by record is the only legitimate mode
Readiness and willingness
to be backed by the capacity to do so. Plaintiff ready and willing to perform his part. Defendant failed to perform his part, suit decreed, Sant Lal v. Shyam Dawan, AIR 1986 Del 275: (1986) ILR 2
Quantum meruit
he has earned or merited. The term is still in use to meet the cases where a plaintiff failing to prove a special contract to pay him a particular amount recovers what may be considered to be
Legal justice and natural justice
classification. It is the substance of justice which is to be secured by both, and whenever legal justice fails to achieve this solemn purpose, natural justice is called in aid of legal justice. Natural justice relieves legal
Punishment
to be thirty-nine shillings; in the latter, a petition of bankes bastened the mitigation of a punishment which failed to protect them. The ordinary dictionary meaning of the word 'punish' is 'to cause the offender to suffer
Public Worship Regulation Act, 1874
neglected to use any prescribed ornament orvesture; or (3) that the incumbent has within the preceding twelve months failed to observe, or to cause to be observed, the directions contained in the Book of Common Prayer relating
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