Freedom To Contract - Law Dictionary Search Results
Home Dictionary Name: freedom to contractfreedom of contract
freedom of contract :a power or right to contract and freely determine the provisions of contracts without arbitrary or unreasonable legal restrictions esp. as guaranteed under the contract clause of Article I, Section 10 of the U.S. Constitution called also freedom to contract liberty of contract ...
freedom to contract
freedom to contract :freedom of contract ...
Mahr (dower)
Mahr (dower), Mahr (dower) is neither dowry nor price for marriage: As explained in an old judgment by Justice Syed Mahmood, maher is 'not the exchange or consideration given by the man to the woman, but an effect of the contract imposed by law on the husband as a token of respect for its subject: the Woman'. Giving a correct appraisal of the concept of maher, the Privy Council once described it as 'an essential incident to the status of marriage'. On another occasion it explained that maher was a 'legal responsibility' of the husband. These judicial observations evidence a correct understanding of the Islamic legal concept of maher. Its substitute, a valid retirement, or by death, which by terminating the marriage, puts an end to all the contingencies to which it is exposed; and on the other hand the woman becomes entitled to it as soon as she has surrendered her person. Justice Mahmood has described the nature of mahr in Abdul Kadir Salima. According to him: Dower (mahr), under the M...
Contract, freedom of
Contract, freedom of. Modern legislation has fre-quently interfered with freedom of contract, as, e.g., by invalidating contracts, as, e.g., by invalidat-ing contracts exempting railway companies from their liabilities as carriers of goods by the 7th s. of the Railway and Canal Traffic Act, 1854, or depriving a tenant of his right to kill hares and rabbits under the Ground Game Act,1880; and see a list of such in validations in Chitty on Contacts, 18th Edn., 778....
liberty of contract
liberty of contract :freedom of contract ...
Public policy
Public policy, connotes some matter which concerns public good and the public interest. Expression does not admit of precise definition. Concept of 'public policy' is considered to be vague, susceptible to narrow or wider meaning depending upon the content in which it is used, Oil and Natural Gas Corporation Ltd. v. Saw Pipes Ltd., AIR 2003 SC 2629.Public policy, connotes some matter which concerns the public good and the public interest, Central Inland Water Transport Corporation Ltd. v. Broja Nath Ganguly, AIR 1986 SC 1571; Shri Parsar v. Municipal Board, (1997) 1 WLC 443.Public policy, demands that where fraud might have been contemplated but was not perpetrated, the defendants should not be allowed to perpetrate a new fraud. If the illegality of the transaction is trivial or venial and the plaintiff is not required to rest his case upon that illegality, then public policy demands that the defendant should not be allowed to take advantage of the position, Kedar Nath Motani v. Prahla...
Industrial adjudication
Industrial adjudication, In the case of industrial adjudication the claims of the employer based on the freedom of contract have to be adjusted with the claims of industrial employees for social justice, P.B. Diwan Badri Dass v. Industrial Tribunal, AIR 1963 SC 630 (634)...
title
title [Anglo-French, inscription, legal right, from Old French, from Latin titulum inscription, chapter heading, part of the law that sanctions an action] 1 a : the means or right by which one owns or possesses property ;broadly : the quality of ownership as determined by a body of facts and events after-acquired title : title that vests automatically in a grantee when acquired by a grantor who purported to sell the property before acquiring title ;also : a doctrine that requires such vesting compare estoppel by deed at estoppel NOTE: The doctrine of after-acquired title generally does not apply when the grantor receives title by quitclaim deed; to vest title in the grantee the deed must include words expressing such an intention. clear title : title that exists free of claims or encumbrances on the property [had clear title to the farm] ;broadly : marketable title in this entry equitable title : title vested in one who is considered by the application of equitable principl...
undue influence
undue influence : improper influence that deprives a person of freedom of choice or substitutes another's choice or desire for the person's own compare coercion, duress, necessity NOTE: It is a doctrine of equity that a contract, deed, donation, or testamentary disposition can be set aside if the court finds that someone has exercised undue influence over the maker at the time that the contract, conveyance, or will was made. To establish a prima facie case it is usually necessary to show a susceptibility to undue influence (as from mental impairment), the opportunity and disposition on someone's part to exercise such influence, and that the transaction would not have been made except for the undue influence. ...
assent
assent : to agree to something esp. freely and with understanding : give one's assent n : agreement to a matter under consideration esp. based on freedom of choice and a reasonable knowledge of the matter [their mutual to the terms of the contract] ...
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