Implied Covenants - Law Dictionary Search Results
Home Dictionary Name: implied covenantsImplied 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....
Covenant
Covenant [fr. Covenant, Fr.], any agreement, convention, or promise of two or more parties, by deed in writing, signed, sealed, and delivered, by which either of the parties pledges himself to the other that something is either done or shall be done, or stiuplates for the truth of certain facts. He who thus promises is called the covenantor; and he to whom it is made the covenantee. A covenant being part of a deed is subject to the general rules for the construction of such instruents; as, first, to be always taken most strongly against the covenanter and most in favour of the covenantee; secondly, to be taken according to the intent of the parties; thirdly, to be construed ut res magis valeat quam pereat; fourthy, when no time is limited for its performance, that it be performed in a reasonable time.Covenants are personal obligations; formerly the did not bind theheirs of the covenanter unless the heirs were named and inthat case only to the extent of the lands descended, but if made ...
contract
contract [Latin contractus from contrahere to draw together, enter into (a relationship or agreement), from com- with, together + trahere to draw] 1 : an agreement between two or more parties that creates in each party a duty to do or not do something and a right to performance of the other's duty or a remedy for the breach of the other's duty ;also : a document embodying such an agreement see also accept, bargain, breach, cause, consent, consideration, duty, meeting of the minds, obligation, offer, performance, promise, rescind, social contract, subcontract Uniform Commercial Code in the Important Laws section NOTE: Contracts must be made by parties with the necessary capacity (as age or mental soundness) and must have a lawful, not criminal, object. Except in Louisiana, a valid contract also requires consideration, mutuality of obligations, and a meeting of the minds. In Louisiana, a valid contract requires the consent of the parties and a cause for the contract in addition to c...
Landlord and tenant
Landlord and tenant. A tenancy arises when the owner of an estate inland, called the lessor or landlord, agrees expressly or by implication to allow another person, called the lessee or tenant, to enjoy the exclusive possession and use of the land for a period less than the landlord's estate in it, generally upon payment of rent. The landlord's estate is called the reversion, and at common law, a power of distress for rent is incident to the reversion.Leases or tenancies may be (1) for any agreed period such as for years or less, e.g., for a year, half-year, quarter or week; (2) from year to year; (3) at will; (4) on sufferance; or (5) they may arise upon estoppel; or (6) exist by force of a statute (see LEASE; INCREASE OF RENT). In a narrower sense the words 'tenancy' and 'landlord and tenant' are generally restricted to lease of a house or land for occupational purposes. If nothing appears to the contrary, either expressly or by implication, in the lease or agreement, the landlord is...
Title, Covenants for
Title, Covenants for. In every conveyance of real or personal property expressed to be conveyed by the instrument of conveyance made on or after the 1st January, 1882, and in regard to assents by personal representatives, after 1925, of land, certain 'covenants for title' (being for the most part usually expressed in the conveyance before that date), of which the following is an abstract, are implied by virtue of the 7th s. of the (English) Conveyancing Act, 1881 (44 & 45 Vict. c. 41), replaced and extended by the (English) Law of Property Act, 1925, s. 76, and 2nd Sch., but in the following cases A and B the covenants are limited, while in cases C and D they are unqualified and absolute, see David v. Sabin, (1893) 1 Ch 523:-(A) In a conveyance for valuable consideration other than a mortgage by a person expressed to convey as beneficial owner:-That, notwithstanding anything done, omitted, etc., by the person conveying, or anyone through whom he derives title otherwise than by purchase...
Quiet enjoyment
Quiet enjoyment. A qualified covenant for quiet enjoyment is usually inserted in leases and excludes the implied covenant, which is far more extensive. For the implied covenant may guarantee the lessee against any lawful entry whatever, whereas the express covenant, as usually worded, guarantees the lessee only against entry by the lessor or persons 'claiming by, from, or under him,' so that a lessor having no title to the demised premises may safely enter into the qualified covenant for quiet enjoyment, for an ejectment of the lessee by the real owner would not be an ejectment by a person claiming by the lessor, but against him, See Woodfall, L. & T., and Baynes v. Lloyd, (1895) 2 QB 610; Jones v. Lavington, (1903) 1 KB 253.A covenant for quiet enjoyment is implied by virtue of s. 7 of the (English) Conveyancing Act, 1881, reproduced under ss. 76 and 77 of the Law of Property Act, 1925, Sched. 2, Parts 1, 2, in any conveyance for value made after the commencement of that Act by a pers...
Contract
Contract, an agreement between competent parties, to do or to abstain from doing some act. For numerous other definitions, see Chalmers's Sale of Goods Act, App. II., where it is said that the 'disposition of the best modern writers appears to be to define ' contract ' as an agreement enforce-able at law,' but contended that this definition seems rather too narrow.Every contract is founded upon the mutual agree-ment of the parties; the other essentials are legality, capacity (depending on age, mental ability, sex and status) a mutual identity of consent (consensus ad idem), and form. When an agreement is stated either verbally or in writing it is usually called an express contract; when the agreement is matter of inference and deduction, it is called n implied contract. (See IMPLIED CONTRACT.)Contract, which provides that the price includes the cost of the goods, the freight and the insurance premium for the transit, Halsbury's Laws of England, Vol. 3(1), para 253, p. 210.Contracts may...
implied in fact contract
implied in fact contract :implied contract at contract ...
Mortgage
Mortgage [fr. mort, Fr., dead, and gage, pledge], a deed pledge; a thing put into the hands of a creditor.A mortgage is the creation of an interest in property, defeasible (i.e., annullable) upon performing the condition of paying a given sum of money, with interest thereon, at a certain time. This conditional assurance is resorted to when a debt has been incurred, or a loan of money or credit effected, in order to secure either the repayment of the one or the liquidation of the other. the debtor, or borrower, is then the mortgagor, who has charged or transferred his property in favour of or to the creditor or lender, who thus becomes the mortgagee. If the mortgagor pay the debtor loan and interest within the time mentioned in a clause technically called the proviso for redemption, he will be entitled to have his property again free from the mortgagee's claim; but should he not comply with such proviso, the legal estate becomes perfected in the mortgagee, i.e., indefeasible, and so los...
Contract of service and contract for service
Contract of service and contract for service, a 'contract for service' implies a contract whereby one party undertakes to render services e.g. professional or technical services, to or for another in the performance of which he is not subject to detailed direction and control but exercises profes-sional or technical skill and uses his own know-ledge and discretion. (See: Oxford Companion to law, p. 1134). A 'contract of service, implies relationship of master an servant and involves an obligation to obey orders in the work to be performed and as to its mode and manner of performance. (See: Stroud's Judicial Dictionary, 5th Edn., p. 540, Indian Medical Assn. v. V.P. Shantha, (1985) 6 SCC 651 (674). (Consumer Protection Act, 1986)...
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