Implied Condition - Law Dictionary Search Results
Breach of warrantee
of contract, Webster's Dictionary of Law, Indian Edn. (2005), p. 59. Means a breach of an express or implied warrantee relating to the title, quality, content, or condition of goods sold, Black Law Dictionary, 7th Edn., p.
Landlord and tenant
ensue naturally during the term, having regard to the purpose for which they were let, and the tenant's implied agreement for tenant-like user of the premises. Beyond these obligations a tenant is not under any implied obligation … so as to exclude his liability for acts of persons under a paramount title. Apart from agreement or condition terminating the lease or proviso for re-entry, a lessee or tenant has an exclusive right to possession of
Bailment
'delivery of a thing in trust for some special object or person, and upon a contract express or implied, to conform to the object or purpose of the trust.' In the celebrated case of Coggs v. Bernard, … host's goods, is not a bailee. On the whole, a bailment may be described as a delivery on condition, to which the law usually attaches an obligation to redeliver the goods, or otherwise deal with them as
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Apportionment
see Bliss v. Collins, (1822) 5 B&Ald 876; Swansea Corporation v. Thomas, (1882) 10 QBD 48. Covenants if implied by law were apportionable but express covenants were not, until the 32 Hen. 8, c. 34, see Twynam … Hen. 8, c. 34, see Twynam v. Pickard, 2 B&Ald 105, and Swansea Corporation v. Thomas ubi supra. Conditions in leases were not apportionable at all even after the Statute 34 Hen. 8, c. 34, except upon
Exchange, Deed of
equity of an exchange by parol, followed by part performance. In consequence of the inconvenience arising from the implied warranty and re-entry, exchange fell into disuse, and mutual conveyances, the one in consideration of the other, were … other, were resorted to. In modern practice no exchange is ever made without either a deed or (under conditions in regard to equality of value) a Statutory Order of the Ministry of Agriculture. Registration of an exchange
To arrive at
and R should sell to D a certain quantity of article, 'to arrive' by a certain vessel it implies something as 'on arrival' of the vessel. The word 'to' does not means that the goods 'shall' arrive, … but merely that they shall be sold on their arrival. In other words such contract renders the performance conditional on a double event, the arrival in safety of the vessel and her cargo, Johnson v. MacDonald, 12
Adverse possession
Law Dictionary, 7th Edn., p. 54. Adverse possession, contemplates hostile possession i.e. a possession which is expressly or impliedly in denial of the title of the true owner. Possession to be adverse must be possession by a … possession, is a method of acquiring title to real property by possession for a statutory period under certain conditions, esp. a non-permissible use of the land with a claim of right when that use is continuous, exclusive,
Employed
context would indicate that it is used in the sense of a relationship brought about by express or implied contract of service in which the employee renders service for which he is engaged by the employer and … kind as agreed between them or statutorily prescribed. It discloses a relationship of command and obedience. The essential condition of a person being a workman within the terms of the definition is that he should be employed
privity
retailer) directly dealt with. Only these parties had privity. Under modern laws and doctrines of strict liability and implied warranty, however, the right to sue has been extended to those, such as third-party beneficiaries and members of … or successive interest esp. in the same rights of property (as by inheritance or purchase) ;also : the condition of having such an interest see also horizontal privity, vertical privity b : an interest in a transaction,
Workman
manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person- (A) who is employed mainly in a managerial or administrative capacity; … the powers vested in him, functions mainly of a managerial nature. [Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979), s. 2 (1) (j)] It means any person who has entered
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