Implied Contract - Law Dictionary Search Results
Home Dictionary Name: implied contract Page: 2 Page 2 of about 70 results (0.003 seconds)Lien
Lien [answering to the tacita hypotheca of the Civil Law], a right in one man to retain that which is in his possession belonging to another, until certain demands of the person in possession are satisfied. It is neither a jus in re, nor a jus ad rem--i.e., it is not a right of property in the thing itself, or right of action to the thing itself.It is either particular, as a right to retain a thing for some charge or claim growing out of, or connected with, the identical thing; or general, as a right to retain a thing not only for such charges or claims, but also for a general balance of accounts between the parties in respect to other dealings of the like nature.General and particular liens may arise: (1) by an express contract; (2) by an implied contract, resulting from the usage of trade, or the manner of dealing between parties. General lines are not favoured in law, but some judicially recognized general lines are bankers', solicitors', factors', stockbrokers'. See Halsb. L.E., ti...
implied in fact contract
implied in fact contract :implied contract at contract ...
Quasi-contract
Quasi-contract, an act which has not the strict form of a contract, but yet has the effect of it; an implied contract.Means that a man in certain cases is bound as if he had made a contract, though in fact no contract was made. 'Unjust enrichment' or 'restitution' are suggested as alternative expressions, Kamalpur (Assam) Tea Estate Private Ltd., Jorhat v. Supdt of Taxes, Jorhat, (1988) 1 Gau LR 290....
Quasi
As if as though as it were in a manner sense or degree having some resemblance to qualified used as an adjective or a prefix with a noun or an adjective as a quasi contract an implied contract an obligation which has arisen from some act as if from a contract a quasi corporation a body that has some but not all of the peculiar attributes of a corporation a quasi argument that which resembles or is used as an argument quasi historical apparently historical seeming to be historical...
Employer
Employer, means (i) a company; (ii) a firm; (iii) an association of persons or a body of individuals, whether incorporated or not, but excluding any fund or trust or institution eligible for exemption under clause (23C) of section 10 or registered under section 12AA; (iv) a local authority; and (v) every artificial judicial person, not falling within any of the preceding sub-clauses. [Income-tax Act, 1961 (43 of 1961), s. 115W(a)]Employer, means:A person who controls and direct a worker under an express or implied contract of hire and who pays the workers salary or wages, Black's Law Dictionary, 7th Edn.(a) in relation to contract labour, the principal employer, and(b) in relation to other labour, the person who has the ultimate control over the affairs of any establishment or who has, by reason of his advancing money, supplying goods or otherwise, a substantial interest in the control of the affairs of any establishment, and includes any other person to whom the affairs of the establi...
quantum meruit
quantum meruit [Latin, as much as he/she deserved] 1 : a claim or count grounded on an implied contract that the defendant would pay the plaintiff as much as deserved for services or materials provided ;specif : a count in a common-law action for assumpsit claiming payment of the value of labor provided 2 : a theory or doctrine that permits recovery by a party for services or materials provided despite the absence of an express contract when they were accepted and used by the defendant under circumstances which gave reasonable notice that the plaintiff expected to be paid for them compare unjust enrichment ...
Divisible Contract
Divisible Contract, there is an express or implied agreement that payments will be made in proportion to the work performed, unless a trade custom to the contrary can be proved, Halsbury's Laws of England (2), para 1865, p. 880...
confirmation
confirmation 1 : the act or process of confirming, assuring, or upholding [seeking of the agreement] ;specif : the ratification of an executive act by a legislative body [senate of the Supreme Court nominee] 2 : something that confirms: as a : an express or implied contract by which a person makes a voidable agreement binding ;specif : a definite expression or written memorandum that verifies or substantiates an agreement previously made orally or informally b in the civil law of Louisiana : a declaration whereby a person corrects the parts of an obligation that are null to make them enforceable c : a conveyance by which valid title to an estate is transferred to a person already in possession or by which an estate is increased ...
Employee
Employee, includes not only persons employed directly by the employer but also persons employed through a contractor. Moreover, they include not only persons employed in the factory but also persons employed in connection with the work of the factory, P.M. Patel and Sons v. Union of India, (1986) 1 SCC 32: AIR 1987 SC 447: (1985) Supp 3 SCR 55.A person who works in the service of another person (the employer) under an express or implied contract of hire under which the employer has the right to control the details of work performance, Black's Law Dictionary, 7th Edn., p. 543.Means a person appointed to or borne on thecadre of staff of the Corporation, other thanperson on deputation. [Employees' State Insurance Corporation (General Provident Fund) Rules, 1995, s. 2(1)(e)]Means any person appointed by the University and includes teachers and other staff of the University, Manipur University Act, 2005, s. 2(k).In relation to the University, means a person other than a teacher or an office...
Tenant-right
Tenant-right, in England--(1) a custom ensuring to an out-going tenant compensation from his landlord for not being able to reap the full benefit of labour or improvements expended or made during the tenancy; or (2) the money due in pursuance of the custom. There is an implied contract by the landlord to pay this [Faviell v. Gaskoin, (1852) 7 Ex 273], and a custom throwing liability on the incoming tenant is bad [Bradburn v. Foley, (1878) 3 CPD 129] though as a matter of act and for convenience the incoming tenant generally pays the compensation by agreement with the landlord.Also the name given to tenures in ancient demesne in the North of England.See also CUSTOM OF THE COUNTRY and AGRI-CULTURAL HOLDINGS; MARKET GARDEN.In Ireland, also a custom either ensuring a permanence of tenure in the same occupant without liability to any other increase of rent than may be sanctioned by the general sentiment of the community; or entitling a tenant of a farm to receive purchase-money, amounting t...
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