Ill Natured - Law Dictionary Search Results
Deathbed or Dying Declarations
(30 & 31 Vict. c. 35), ss. 6, 7, makes provision for taking the depositions of persons dangerously ill, and making the same evidence after death, and for prisoners being present at the taking of such depositions. … all hope or recovery [R. v. Perry, (1909) 2 KB 697], and this may be collected from the nature and circumstances of the case, although the declarant did not express such an apprehension. It is not essential
malice
actual malice in this entry malice in law : implied malice in this entry 2 : feelings of ill will, spite, or revenge NOTE: Such feelings are usually not an important component of malice in legal consideration … New York Times Co. v. Sullivan in the Important Cases section implied malice : malice inferred from the nature or consequences of a harmful act done without justification or excuse ;also : malice inferred from subjective awareness
Negligence
an independent contractor, Honeywill v. Stein Ltd. v. Larkin Brothers, etc., Ltd., (1934) 1 KB 191. [S. 81, ill. (a), I.P.C.] So in the civil law there are three degrees of negligence: (1) lata culpa, gross neglect; … acting carelessly, a question of law or fact or of mixed fact and law, depending entirely upon the nature of a duty, which the person charged with negligence has failed to comply with or perform in the
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will
(as 30 days) and that is allowed only for one in imminent peril of death from a terminal illness or from military or maritime service pour-over will : a will that provides for a transfer of assets … mutual will executed in connection with an agreement based on sufficient consideration is both contractual and testamentary in nature "Pruss v. Pruss, 514 N.W.2d 335 (1994)"] called also counter will reciprocal will compare joint and mutual will
Impossibility
advantage of the circumstance, Maritime National Fish Co. v. Ocean Trawlers Ltd., 1935 AC 524. Impossibility owing to illness terminates a contract for personal services. The outbreak of war may terminate an executory contract, but only suspends … Impossibility. If a man contract to do a thing which is absolutely impossible by its nature, such contract will not bind him--lex non cogit ad impossibilia, e.g., where the subject-matter has perished before date
Fraud
intention to deceive, whether it is from any expectation of advantage to the party himself or form the ill towards the other is immaterial. The expression fraud involves two elements, deceit and injury to the person deceived, … It is impossible to lay down a definition completely comprehending fraud, and no rule can, from the very nature of the subject, be invariable. fraud is infinite: 'Crescit in orbe dolus'; and were the Courts to prescribe
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