Good Cause - Law Dictionary Search Results
Home Dictionary Name: good cause Page: 4Onerous cause
Onerous cause, a good and legal consideration, Scots term....
Amotion
Amotion, a putting away, a removing, deprivation or ouster of possession. In municipal borough, a removal from his office of a councillor by his fellow-councillors, frequently exercised before the (English) Municipal Corporation Act, 1835, and not expressly abolished either by that Act or by the (English) Municipal Corporation Act, 1882. The power of amotion is implied or may be conferred by charter. Under the old law it has been said that offences justifying amotion must either be committed in the official character, infamous, or indictable (Kyd on Corporations); but habitual drunkenness was held a sufficient cause in Reg. v. Taylor, (1694) 3 Salk 231, where also a bye-law giving power to amove for just cause was held good; nor does there seem to be any means except amotion of getting rid of a clearly unfit councillor who refuses to resign. See Halsbury's L. of E., 2nd ed., Vol. 8, pp. 38 et seq....
Deceptively similar
Deceptively similar, a geographical indication shall be deemed to be deceptively similar to another geographical indication if it so nearly resembles that other geographical indication as to be likely to deceive or cause confusion. [Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), s. 2 (1) (c)]A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion. [Trade Marks Act, 1999 (47 of 1999), s. 2 (1) (h)]In order to come to the conclusion whether one mark is deceptively similar to another, the broad and essential features of the two are to be considered. They should not be placed side by side to find out if there are any differences in the design and if so, whether they are of such character as to prevent one design from being mistaken for the other. It would be enough if the impugned mark bears such an overall similarity to the registered mark as would be l...
Fieri facias de bonis ecclesiasticis
Fieri facias de bonis ecclesiasticis (that you cause to be made of the ecclesiastical goods). When a sheriff to a common fi. fa. returns nulla bona, and that the defendant is a beneficed clerk, not having any lay fee, a plaintiff may issue a fi. fa. de bonis ecclesiasticis, addressed to the bishop of the diocese, commanding him to make of the ecclesiastical goods and chattels belonging to the defendant within his diocese the sum therein mentioned, R.S.C., Ord. XLIII., r. 5, and App. H., Form 5....
Measure of damage
Measure of damage, the test which determines the amount of damages to the given. The general rule in English law is that in contract the measure of damage is the actual loss to the plaintiff, and in tort the compensation to the plaintiff for the loss or damage which it may be supposed be has suffered directly as a natural consequence of the act complained of. The exception is those ases where vindictive or exemplary damages can be given, e.g., libel, slander, violence, malice, cruelty, or breach of promise of marriage. The actual loss cannot always be recovered, as the whole or a portion of the loss may be too remote to be the natural and probable consequence of that which constitutes the cause of action, and this will most frequently occur in actions of tort. Though unable to prove actual loss, a plaintiff may sometimes be entitled to nominal damages, e.g., breach of an agreement to lend money. In actions of contract, the market-price of the subject-matter at the date the contract is ...
effect
effect 1 : something that is produced by an agent or cause 2 pl : personal property at property : goods [the right of the people to be secure in their persons, houses, papers, and s, against unreasonable searches and seizures "U.S. Constitution amend. IV"] 3 : the quality or state of being operative [when the new law goes into ] vt 1 : to cause to come into being 2 : to bring about often by surmounting obstacles [ a settlement of the dispute] 3 : to put into operation [the duty of the legislature to the will of the citizens] ...
Unfair term
Unfair term, means any term which contrary to the requirement of good faith causes a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer. [Unfair Terms in Consumer Contracts Regulations, 1994, Reg 4(1)]...
Occupier's Liability Notice
Occupier's Liability Notice, the notice which the owner of land out of which tithe rent-charge issues is required, by sub-s. 6 of s. 2 of the Tithe Act, 1891, to give to the owner of the tithe rent-charge of the liability of the occupier of the land, under a contract made before the Act, to pay such tithe rent-charge to such owner of land. Unless this notice (which is styled an 'occupier's liability notice' by r. 3 of the Tithe Rent-charge Recovery Rules, 1891) is served as required by the Tithe Act, 1891, the landowner may not recover from the occupier any sum which he has paid for tithe rent-charge, without a certificate from the County Court 'that there was good and sufficient cause for the failure to give such notice, and that the occupier has not been prejudiced thereby.' For form of notice, see Thring's Tithe Act, 1891 p. 58, and now, generally, the (English) Tithe Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 43), s. 20(3) (Transitional Provisions)....
Avyavaharik debt
Avyavaharik debt, this term has been variously translated as being that which is not lawful or what is not just of what is not admissible under the law or under normal conditions. Colebrooke translated it as 'a debt for a cause repugnant to good morals', S.M. Jakati v. S. M. Borkar, AIR 1959 SC 282 (286): 1959 SCR 1384; See also Luhar Amrit Lal Nagji v. Doshi Jayantilal, AIR 1960 SC 964: (1960) 3 SCR 842....
short
short 1 : treated or disposed of quickly in court [the calendar for causes] 2 a : not having goods or property that one has sold in anticipation of a fall in prices [a seller who was at the time of the sale] b : consisting of or relating to a sale of securities or commodities that the seller does not possess or has not contracted for at the time of the sale [a sale] [a position] NOTE: The purpose of a short sale is to profit from an anticipated drop in the price of a security or commodity. Typically, an investor directs a broker to borrow a quantity of stocks and to sell them at the current price. If the price drops, the investor then repurchases an equal quantity at the lower price, returns the borrowed stocks, and retains the difference in price as profit. If the price rises instead of falling, the investor may choose or be compelled to repurchase the stocks at a higher price and to accept a loss. adv : by or as if by a short sale [sold the stock ] ...
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