Implicating - Law Dictionary Search Results
Will, Estate at
definite limits as to duration. It must be at the reciprocal will of both parties expressly or by implication (Co. Litt. 55 a), and the dissent of either determines it. The grantee cannot transfer the estate to
Warranty
Sm. L.C., and see NEGLIGENCE. As a general rule an express warranty, or a known usage, excludes any implication of warranty in regard to the same subject-matter. See expressium facit cessare tacitum, and e.g., QUIET ENJOYMENT. But
Usufructuary mortgage
Usufructuary mortgage, Where the mortgagor delivers possession or expressly or by implication binds himself to deliver possession of the mortgaged property to the mortgagee, and authorise him to retain such
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Uses
good to transmute the possession and transfer the legal estate, but if a use arose expressly or by implication on that estate, B. would have lost the legal estate without any transmutation of posses-sion from him, and
Undivided shares in land
of a release of the legal estate by a joint tenant to the other joint tenants, and (by implication) the jus accrescendi (q.v.). Undivided shares can only be created by way of trust for sale under a
Trust for sale
on appoint-ment of new trustees for sale (see APPOINTMENT OF NEW TRUSTEES), but trusts for sale arise by implication of law in many cases (see Wolst. And Ch. Conv. Stat., Notes to Law of Property Act, 1925,
Expressum facit cessare tacitum
is expressed makes what is implied to cease.) See Broom's Max. Where a deed contains express covenants, no implication of any other covenants on the same subject-matter can be raised, Nokes's Case, (1599) 4 Rep 80 b;
Prejudice, without
rule to apply [Re Daintrey, (1893) 2 QB 116]. The word is also frequently used without the foregoing implications in statutes and inter partes to exclude or save transactions, acts and rights from the consequences of a
Subject to war clause
vague, would have no significance. If any articles are delivered under a contract con-taining such a clause, no implication is to be derived from the delivery of the goods by one party or the payment made by
Sexual harassment
advances, request for sexual favours and other verbal or physical conduct with sexual overtones, whether directly or by implication, particularly when submission to or rejection of such a conduct by the female employee was capable of being
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