Free Acceptance - Law Dictionary Search Results
Home Dictionary Name: free acceptanceFree acceptance
Free acceptance, a defendant who 'freely accepts' goods or services may be held to have been enriched thereby. A free acceptance has been stated to occur where a recipient knows that a benefit is being offered to him non-gratuitously and where he, having the opportunity to reject, elects to accept so that 'when a defendant has passed up an opportunity to reject a benefit knowing that it was not offered gratuitously he has only himself to blame for the resulting situation, Birks an Introduction to the Law of Restitution, (1985) P 114. See also Halsbury's Laws of England, Vol. 40(2) para 1315, p. 610....
Acceptance
Acceptance, the taking and receiving of anything in good part, and as it were a tacit agreement to a preceding act, which might have been defeated or avoided if such acceptance had not been made, Jac. Law Dict.The assenting to an offer: it is by the acceptance, whether express or implied, of an offer that all contracts are made. See CONTRACT, AGREEMENT.Acceptance of a bill of exchange is defined by the (English) Bills of Exchange Act, 1882 (45 & 46 Vict. C. 61), s. 17, as 'the signification by the drawee of his assent to the order of the drawer.' It must be written on the bill, and signed by the drawee, whose mere signature is sufficient to charge him: and it must not express that the drawee will perform his promise by any other means than the payment of money, Ib. See BILL OF EXCHANGE.Means communicated acceptance, Ashok Kumar Sahu v. Union of India, (2006) 6 SCC 704....
Free-board, or freebord
Free-board, or freebord. The precise nature of free-board is not very clear, but it may be described as denoting certain rights enjoyed by the owner of an ancient park over a strip of ground, varying in width indifferent cases, running along the outside of the boundary fence. The right seems to be ofthe nature of a negative easement, its essence apparently consisting in the right of the owner of the park to have the strip kept free, open and unbuilt upon. Cowel (Law Dict.) has the following: 'Free-board, Francbordus, in some places they claim as a Free-bord, more or less ground beyond or without the fence. In Mon. Angl. 2 par. Fol. 241, it is said to contain two foot and a half.' He then quotes the passage from Dugdale, but inaccurately, the correct reading being as follows: Et totum boscum quod vocatur Brendewode, cum frankbordo duorum pedum et dimidium, per circuitum illius bosci, etc.; see Dugd. Mon., Edn. Caley Ellis & Bandinel, vol. vi. P. 375. Du Cange simply says, 'Francbordus A...
Acceptance of bill of exchange
Acceptance of bill of exchange, 'Acceptance' in regard to a bill of exchange does not'mean 'taking' or 'receiving'. Acceptance of a bill of exchange is the signification by the drawee of his assent to the order of the drawer. It is the act by which the drawee evinces his consent to comply with, and be bound by, the request contained in a bill of exchange directed to him, and is the drawee's agreement to pay the bill when it falls due. In commercial parlance acceptance of a bill of exchange is the drawee's signed engagement to honour the draft as presented, American Express Bork Ltd. v. Calcutta Steel Co., (1993) 2 SCC 199 (207). [Negotiable Instruments Act, 1881, ss. 7, 32, 33]...
Acceptance of goods
Acceptance of goods. By s. 4 of the (English) Sale of Goods Act, 1893 (56 & 57 Vict. C. 71), a contract for sale of goods of the value of 10' or more is not enforceable by action unless the buyer 'accept' part of the goods and actually receive them, or partly pay, or unless there be a note or memorandum in writing of the contract signed by the party to be charged, and there is an acceptance 'when the buyer does any act in relation to the goods which recognizes a pre-existing contract of sale whether there be an acceptance in performance of the contract or not.'...
Approval and Acceptance
Approval and Acceptance, -- Expression 'approval' presupposes an existing order. 'Acceptance' means communicated acceptance. A distinction exists between the expressions 'approval' and 'acceptance', Ashok Kumar Sahu v. Union of India, AIR 2006 SC 2879. [All India Services Act, 1951, s. 3]...
Free trade throughout the territory of India
Free trade throughout the territory of India, Article 301 Constitution of India mandates free trade, commerce and intercourse throughout the territory of India. Interstate trade has, therefore, to be free from trade barriers. The mobility of goods throughout the territory of India has to be free. Free trade throughout the territory of India would be one with no tariffs and no restrictions or disadvantages of any kind of importing or exporting from the different States. Free trade means complete freedom of interstate trade without any restrictions on the movement of goods between the States, State of Bihar v. Harihar Prasad, AIR 1989 SC 1119 (1125): (1989) 2 SCC 192: (1989) 1 SCR 796. [Constitution of India Art. 301]...
Free-bench
Free-bench [sedes libera, Lat.], a widow's dower out of copyholds to which she was entitled by the custom of some manors. It is regarded as an excrescence growing out of the husband's interest, and is indeed a continuance of his estate.The term free-bench is equally applicable to the estate which, by the custom of some manors, a husband takes in his wife's copyhold lands after her death, and anciently it was indiscriminately applied to that and to the widow's dower, but now the estate of the husband is called his curtesy, while the term free-bench is confined to the widow.Since free-bench is only claimable by special custom, the estate which a widow is to take, both as to its quantity, quality, and duration, must be such as the custom prescribes. It is generally a third for her life, as at Common Law, but it is sometimes a fourth part only, and sometimes but a portion of the rent. In many manors the wife takes the whole for her life, in others she takes the inheritance.Frequently the c...
accept
accept 1 a : to receive with consent [ a gift] [ service] b : to assent to the receipt of and treat in such a way as to indicate ownership of [ed the shipment despite discovering defects in the merchandise] compare reject NOTE: Under section 2-606(1) of the Uniform Commercial Code, a buyer accepts goods if: 1) he or she indicates to the seller after a reasonable opportunity to inspect them that he or she will keep them; 2) he or she fails to effectively reject them; 3) he or she acts in a way that is inconsistent with seller's ownership of the goods. 2 : to make an affirmative or favorable response to ;specif : to indicate by words or action one's assent to (an offer) and willingness to enter into a contract NOTE: A contract is created when the offer is accepted. 3 : to assume orally, in writing, or by conduct an obligation to pay [ing a draft] 4 of a deliberative body : to receive (a report) officially (as from a committee) vi 1 : to receive favorably something offered usu...
Acceptance of evidence
Acceptance of evidence, is not a term of art. It has an etymological meaning. It envisages exercise of judicial mind to the materials on record. Acceptance of evidence by a court would be dependent upon the facts of the case and other relevant factors. A piece of evidence in a given situation may be accepted by a court of law but in another it may not be, Cement Corpn. of India Ltd. v. Purya, (2004) 8 SCC 270. [Land Acquisition Act, 1894, s. 51A]...
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