Free Will - Law Dictionary Search Results
Home Dictionary Name: free willFree will
A will free from improper coercion or restraint...
Undue influence
Undue influence, Any influence, pressure, or domination in such circumstances that the person acting under that influence may be held not to have exercised his free and independent volition in regard to the act.As to gifts, see title SPIRITUALISM and Lyon v. Home, (1868) LR 6 Eq 655, and as to wills, see Parfitt v. Lawless, (1872) LR 2 P&M 462.In the case of benefits or advantages obtained in certain relationships, the existence of this influence is presumed, e.g., guardian and ward, a parent over a child upon or soon after attaining age and the possession of property, a guide or instructor, medical advisers, ministers or professors of religion, managers of business [Coomber v. Coomber, (1911) 1 Ch 174], attendants upon or advisers of aged and infirm people. In such cases, in regard to transactions inter vivos, the onus of proving absence of undue influence lies on the person claiming the benefit of the disposition or act, and in some cases, e.g., gifts by clients to their solicitors (...
Free days
Free days, under the heading 'Free Days' it is provided that all goods will be allowed storage in locks free of rent for 5 days. It is further provided that in computing the number of free days Sundays and holidays referred to in by-law 118 as well as any other days on which Customs Duty may not be assessed or received, will be omitted in the case of all goods liable to duty under s. 20 of the Sea Customs Act, Board of Trustees of the Port of Bombay v. Indian Goods Supplying Co., AIR 1977 SC 1622 (1626). [Bombay Port Trust Act, (6 of 1869), ss. 43, 43A and 43B]...
act
act 1 a : something done by a person in accordance with his or her free will [a tortious ] see also actus reus b : the failure to do something that one has a legal duty to do called also negative act 2 a often cap : the formal product of a legislative body : the formally declared will of a legislature the final requirement of which is usually the signature of the proper executive officer : statute [an of Congress] b : a decision or determination of a sovereign, a legislative council, or a court of justice compare bill 3 often cap : a formal record of something done or transacted [given as my free and deed] [matters of procedure are provided for in that Act "Federal Rules of Civil Procedure Rule 81(a)(6)"] vi 1 : to carry into effect a determination of the will : take action 2 : to discharge the duties of a specified office or post : perform a specified function used with a prepositional phrase [declaring what officer shall then as President "U.S. Constitution art. II"] ...
Voluntary
Voluntary, acting without compulsion; doing by design, without a consideration in return. See VOLUNTEER.1. Done by design or intention 2. Unconstrained by interference; not impelled by outside *** 3. Without valuable consideration; gratuitous, Black's Law Dictionary, 7th Edn., p. 1569.Means (i) some promise of advantage or some threat, (ii) of a temporal character, (iii) held out or made by a person in authority, and (iv) relating to the charge in the sense that it implies that the accused's position in the contemplated proceedings will or may be better or worse according to whether of not the statement is made, R. v. Power, (1966) 3 All ER 433; see also Gurdeep Singh v. State (Delhi Admn.), (2000) 1 SCC 498.Means a statement made of the free Will and accord of accused, without coercion, whether from fear of any threat of harm, promise, or inducement or any hope of reward, State v. Mullin, 85 NW 2d 598, see also Words and Phrases, Permanent Edn., Vol. 44, p. 622.Means that one who make...
Election
Election, the word 'election' means any and every act taken by the competent authority after the publication of the election notification, Manda Jaganath v. K.S. Rathnam, (2004) 7 SCC 492: AIR 2004 SC 3601 (3604).The act of selecting one or more from a greater number for an office.The exercise of his choice by a man left to his own free will to take or to do one thing or another. It is the obligation imposed upon a person to choose between two inconsistent or alternative rights or claims. Thus, in Scarf v. Jardine, (1882) 7 App Cas 345, the House of Lords held that a customer could not sue a new firm after having elected to sue a retiring partner.Electio semel facta et placitum testatum non patitur regressum. Quod semel placuit in electionibus amplius displicere non potest. Co. Litt. 146, 146 a.--(Elections once made and plea witnessed suffers not a recall. What has once pleased a man in elections cannot displease him on further consideration.) See also Re Simms, Ex p. Trustee, 1934 Ch...
existentialism
a philosophical theory or attitude having various interpretations generally emphasising the existence of the individual as a unique agent with free will and responsibility for his or her own acts though living in a universe devoid of any certain knowledge of right and wrong from ones plight as a free agent with uncertain guidelines may arise feelings of anguish Existentialism is concerned more with concrete existence rather than abstract theories of essences is contrasted with rationalism and empiricism and is associated with Kierkegaard Heidegger and Sartre as well as others...
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...
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...
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