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Cum par delictum est duorum semper oneratur petitor et melior habetur possessoris causa
petitor et melior habetur possessoris causa [Lat.], When both parties are equally in fault the plaintiff must always fail and the cause of him in possession be preferred.
Cy-pres
Ch 124]. See generally, Theobald on Wills. When the particular purpose for which a charitable trust is created fails or by reason of certain circumstances the trust cannot be carried into effect either in whole or in
Demonstrative legacy
and differs so much in effect from one properly specific, that if the fund be called in or fail, the legatee will not be deprived of his legacy, but be permitted to receive it out of the
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Falsa demonstratione legatum non perimitur
Falsa demonstratione legatum non perimitur [Lat.], a legacy will not fail from a false description.
Forfeiture
pay compensation for the breach, and also remedy it if it be capable of remedy. If the parties fail to come to terms, and the lessor seek to enforce the forfeiture, the lessee may apply to the
Giving notice in writing
the customary mode of sending notice through postal service or even by personal delivery, the interpretative process would fail to cope up with the change of time. If the notice envisaged in clause (b) of the proviso
Donis conditionalibus, Statute de
whom it is given after their death, or shall revert to the giver or his heirs if issue fail, or there is no issue at all . . . And if a fine be levied hereafter upon
Renege
Renege, means to fail to keep a promise or commitment; to back out of a deal, Black's Law Dictionary, 7th Edn., p.
Minor ante tempus agere non potest in casu proprietatis, nec etiam convenire; differetur usque etatem; sed non cadit breve
case of property, not even to agree; it should be deferred until majority; but a writ does not fail.
Public Authorities, Protection of
solicitor an client if judgment given for defendant; and also (3) deprives a plaintiff of costs if he fail to recover more than the sum tendered or paid into Court by the defendant; besides (4) empowering the
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