Implied - Law Dictionary Search Results
Home Dictionary Name: impliedImplied trusts
Implied trusts. an implied trust is one which arises from an equitable construction put upon the facts, conduct, or situation of parties.Implied trusts have been distributed into two classes: (1) those depending upon the presumed intent of the parties, as where property is delivered by one to another to be handed over to a third person, the receiver holds it upon an implied trust in favour of such third person; (2) those not depending upon such intention, but arising by operation of law, in cases of fraud, or notice of an adverse equity.A trust of this kind arises wherever the estate is converted by the trustee from one species of property into another; for if the property, in its original form, were invested with a trust, the cestui que trust's interests cannot be affected by any change of that form: and whether the conversion be in pursuance or in breach of the trustee's duty is immaterial; for an abuse of trust cannot confer any right on the party abusing it, or on those who claim i...
Implied covenants
Implied covenants. See DEMISE; FURTHER ASSURANCE; QUIET ENJOYMENT; and ss. 76 and 77 and 2nd Sched. (English) Law of Property Act,1925, in regard to assurances as 'beneficial owner.' Formerly, the words 'give' or 'grant' implied covenants for title, see COVENANT; 'demise' in a lease still implies a covenant for title and for quiet enjoyment, but may be modified or excluded by an express covenant....
implied acquittal
implied acquittal : an acquittal of a more serious offense (as first-degree murder) that is considered to result from a verdict which convicts the defendant of a lesser included offense while remaining silent on the greater one NOTE: A greater offense and a lesser included offense are the same offense under a double jeopardy analysis. Therefore, a conviction of a lesser included offense and implied acquittal of the greater offense bars retrial on the greater offense. ...
implied in fact contract
implied in fact contract :implied contract at contract ...
implied in law
implied in law : created and imposed by law (as statutory or case law) [it contradicted an implied in law term of the writing "J. D. Calamari and J. M. Perillo"] ...
Consent and implied consent
Consent and implied consent, the consent as en-visaged under s. 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965 would mean consent with some positive act which may lead to inference of conferring right on the tenant to sub-let the premises and mere inaction would not be sufficient to amount to implied consent on the part of the landlord, conservation, P John Chandy and Co. (P.) Ltd. v. John P. Thomas, AIR 2002 SC 2057 (2062): (2002) 5 SCC 90. [Kerala Buildings (Lease and Rent Control) Act (2 of 1956) s. 11 (4) (i)]Requires voluntary participation not only after the exercise of intelligence based on the knowledge of the significance and moral quality of the act but after having fully exercised the choice between resistance and assent, State of Himachal Pradesh v. Mango Ram, (2000) 7 SCC 224....
Express and implied authority
Express and implied authority, an authority is said to be express when it is given by words spoken or written. An authority is said to be implied when it is to be inferred from the circumstances of the case; and things spoken or written, or the ordinary course of dealing, may be accounted circumstances of the case (Contract Act, 1872, s. 187)....
Implied authority
Implied authority, An authority is said to be implied when it is to be inferred from the circumstances of the case; and things spoken or written, or the ordinary course of dealing, may be accounted circumstances of the case. (Indian Contract Act, 1872, s. 187...
Implied contract
Implied contract. A contract which the law infers, from acts, circumstances, or relationships, as that an employer will pay the person employed what his labour was worth; or, as in Francis v. Cockrell, (1870) LR 5 QB 501, that a public platform provided for payment may be used with safety; or that a mesne landlord whose ground-rent has been paid by a sub-tenant to avoid distress will reimburse the sub-tenant. The implied contracts which the law infers are very numerous. See Chitty, Addison, or Leake on Contracts; LANDLORD AND TENANT....
Implied promise
Implied promise, In so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied. [Indian Contract Act, 1872, s. 9]...