Implied In Fact - Law Dictionary Search Results
Cause of action
SC 416 (422): (2001) 2 SCC 294. [Civil Procedure Code, (5 of 1908), s. 20] Cause of action implies a right to sue. The material facts which are imperative for the suitor to allege and prove constitute … Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit.
malice
of the truth see also public figure New York Times Co. v. Sullivan in the Important Cases section implied malice : malice inferred from the nature or consequences of a harmful act done without justification or excuse … another: as a : an intent to injure or kill b : malice called also express malice malice in fact 2 a : the knowledge that defamatory statements esp. regarding a public figure are false b : reckless
Consideration
advantage, or any labour detriment or inconvenience sustained or suffered by the promisee at the request, express or implied, of the promisor. See Laythoarp v. Bryant, 3 Scott 250; 2 Wms. Saund 137 h; Currie v. Misa, … 2 Wms. Saund 137 h; Currie v. Misa, (1875) LR 10 Exch 153. Consideration is one of the facts which the courts require as evidence of intention, (a) that a person intends his promise to be binding
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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,
Implied trusts
Matched in: Term Implied trusts
Notice
(2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity
Reasonable
contract to do a thing or to buy goods, and no time or price is mentioned, the law implies that the thing was to be done in a reasonable time, and that a reasonable price was to … to the dictates of reason and not excessive or 'Immoderate'. An act is reasonable, having regard to the facts of the particular controversy, Raghbir Singh v. C.I.T., AIR 1958 Punj 250. Means which is agreeable to reason,
agency
are within the scope of the agency. ac·tu·al agency : the agency that exists when an agent is in fact employed by a principal see also express agency and implied agency in this entry agency by estoppel :
Never Indebted, plea of
alleged in the declaration, or to deny the matters of facts from which such contract would bylaw be implied, Steph. Plead., 7th ed. 153, 156. By R.S.C. 1883, Ord. XIX., r. 17, a defendant may not deny … of debt on simple contract, and was resorted to when the defendant meant to deny in point of fact the existence of any express contract to the effect alleged in the declaration, or to deny the matters
Remainder
remainder be contingent, it must be an estate of freehold, expressly limited, or arising by a resulting or implied use in order to give such a remainder existence. A chattel interest will not support a contingent remainder, … not the ceasing of the former which gives existence to the latter. The particular estate and remainders are, in fact, as the very terms imply, but one and the same estate. The estate first appointed, and the conditional
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