Ill Will - Law Dictionary Search Results
Home Dictionary Name: ill will Page: 3will
will 1 : the desire, inclination, or choice of a person or group 2 : the faculty of wishing, choosing, desiring, or intending 3 : a legal declaration of a person's wishes regarding the disposal of his or her property after death ;esp : a formally executed written instrument by which a person makes disposition of his or her estate to take effect after death see also codicil, living will, testament antenuptial will : a will that was executed by a person prior to that person's marriage and is usually revocable by the court if no provision was made for the person's spouse unless an intention not to make such a provision is manifest conditional will : a will intended to take effect upon a certain contingency and usually construed as having absolute force when the language pertaining to the condition suggests a general purpose to make a will counter will : mutual will in this entry holographic will : a will written out in the hand of the testator and accepted as valid in many sta...
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 (...
Donatio mortis causa
Donatio mortis causa, a gift of personal property in prospect of death; a death-bed disposition; an inchoate gift of personalty consummated by the giver's death.It is derived from the Civil Law; Justinian's Inst. Lib. 2, tit. 7, shows its nature. To render this kind of gift valid, it (1) must be made by the giver, when ill, in anticipation of his death; (2) must be intended to take effect only upon his death by his existing illness, for his recovery from that illness, or his subsequent personal revocation of the gift, as by resuming its possession, will defeat it; and (3) a traditio or delivery, either actual or symbolical, of the subject of the gift, or of the instrument which represents it, must be made to the donee, either for his own use, or upon trust for another person, or for a particular purpose. The gift of a cheque upon the donor's banker is not good as a donatio mortis causa, because it is a gift which can only be made effectual by obtaining payment of it in the donor's life...
incapacitate
incapacitate -tat·ed -tat·ing 1 : to make legally incapable or ineligible [mental illness alone will not a person from making a valid contract "Landmark Med. Ctr. v. Gauthier, 635 A.2d 1145 (1994)"] 2 : to deprive of capacity or natural power [an injury that s the employee] in·ca·pac·i·ta·tion [-pa-sə-tā-shən] n ...
Ill health
Ill health, any disorder in health which incapacitates an individual from discharging the duties en-trusted to him or affects his work adversely or comes in the way of his normal and effective functioning can be covered by the said phrase. The phrase has also to be construed from the point of view of the consumers of the concerned products and services. If on account of a workman's disease or incapacity or debility in functioning, the resultant product or the service is likely to be affected in any way or to become a risk to the health, life or property of the consumer, the disease or incapacity has to be categorised as ill-health for the purpose of the said sub-clause. Otherwise, the purpose of production for which the services of the workman are engaged will be frustrated and worse still in cases such as the present one they will endanger the lives and the property of the consumers. The phrase would include cases of drivers who have developed a defective or sub-normal vision or eyesi...
living will
living will : a document in which the signer indicates preferences or directions for the administration and esp. the withdrawal or withholding of life-sustaining medical treatment in the event of terminal illness or permanent unconsciousness see also advance directive compare durable power of attorney at power of attorney ...
living will
A document signed by an individual expressing hisher desire that in the event of an illness from which there is no reasonable expectation of recovery aggressive or extraordinary measures to prolong life such as resuscitation and life support equipment should not be used...
Impossibility
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 of contract, or never existed [see (English) Sale of Goods Act, 1893, s. 6; and Conturier v. Hastie, (1852) 8 Ex 43 & HLC 673]; but where the contract operating as a transfer of real property, e.g., as a demise, is to do a thing which is possible in itself, but which becomes impossible, he will be liable for the breach; thus, where a lessee covenants to repair and to leave in repair the demised premises he is not discharged from his liability because they happen to be destroyed [see Bullock v. Dommitt, (1796) 6 TR 650]; or requisitioned by the military, Whitehall Court Ltd. v. Etlinger, (1920) 1 KB 680.The non-performance of a contract which arises from an act of the law having rendered performance impossible is excused, see Baily v. De Crespigny, (1869) LR 4 QB 180; Re Shipto...
Marz-ool-maut
Marz-ool-maut, under the Mohemmedan Law, the term 'marz-ool-maut' is applicable not only to disease which actually cause death but to diseases from which it is probable that death will ensure so as to engender in the person affected with the disease an apprehension of death. A person labouring under such a disease cannot make a valid gift of the whole of his property until a year has elapsed, from the time he was first attacked by it. When a gift is made by a person labouring under such a disease, it will be good only to the extent of one-third of the subject of the gift, if the donee had been put into possession by the donor, Labbi v. Bibbun, 6 NWP 159.To establish 'Marz-ool-maut there must be present at least the following conditions--(1) Proximate danger of death so that there is, as it is phrased, a preponderance (ghaliba) of knout or apprehension, that is, that at the given time death must be more probable than life;(2) there must be some degree of subjective apprehension of death...
Negligence
Negligence, 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 particular circumstance of each case. A very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the degree of care undertaken or required in each case, i.e., (1) ordinary, which is the want of ordinary diligence; (2) slight, the want of great diligence; and (3) gross, the want of slight diligence. A smaller degree of negligence will render a person liable for injury to infants than in the case of adults, see Cooke v. Midland Great Western Railway, 1909 AC 229; and Glasgow Corporation v. Taylor, (1922) 1 AC 44. There is also a peculiar duty to take precaution in the case of dangerous Articles, see Dominion Natural Gas Co. v. Collins, 1909 AC 640. This case should be distinguished from the principle in Fletche...
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