Implied Notice - Law Dictionary Search Results
Pawn or Pledge
engagements; upon condition or absolutely; for a limited time or for an indefinite period. It may also be implied from circumstances, as well as arise by express agreement, and it matters not what is the nature of … against the pledgor for a sale, or he may proceed to sell ex mero motu, upon giving due notice of his intention to the pledgor. If several things be pledged, each is deemed liable for the whole
Possibility on a possibility
etc. Contract through Post.--A letter of acceptance posted, though not received, if the post has been expressly or impliedly (as it usually is) authorized as a means of communication, creates a binding contract bet-ween the party offering … r. 2; also Ord. VIII., r. 39 of the County Court Rules, 1936, allows of the service of notices, etc., by ordinary post. See also (English) Companies Act, 1929, s. 370. See SER-VICE. As to the meaning
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 … be found in s. 140 of the 1925 Act. Assignees of a part of a reversion may give notice to quit that part and the lessee has the right to give a counter notice as to the
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Covenant
could take advantage of it, Co. Litt, 26 a, 231. Covenants running with the land are express or implied covenants which touch and concernthe land and do not create an active personal obligation in connection with the … owners and occupiers for the time being, see s. 79 (3), (English) L.P. Act, 1925) who take with notice of the restriction under the rule in Tulk v. Moxhay, 2 Ph 774, and these covenants if made
Year to year, tenancy from
arises from express agreement, or by implication of law, it may, unless surrendered or determined by a regular notice to quit, subsist for an indefinite period, if the estate of the lessor will allow of it, or … by a general parol demise, without any deter-minate interest, but reserving the payment of an annual rent; or impliedly, as when property is occupied generally under a yearly rent, payable yearly, half-yearly, or quarterly; or when such
Waiver
abandonment by way of confession and avoidance if the right is thereafter asserted, and is either express or implied from conduct. A person who is entitled to rely on a stipulation, existing for his benefit alone, in … (1989) 2 SCR 401. [Evidence Act, (10 of 1872), s. 115] The principle of waiver connotes issuance of notice and non-response thereto. Everyone has a right to waive an advantage or protection which law seeks to give
Easement
external indication that it exists, and easements of necessity or not of necessity. Easements of necessity arise by implied grant upon a severance of property without which the property granted, or retained, as the case may be, … void against a purchaser of a legal estate for money or money's worth even though he may have notice aliunde. In all other cases notice [see ss. 197-199 of the (English) L.P. Act, 1925] will affect a
Lien
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 … arising by implication of equity on the property in the hands of any one who holds it with notice subject to any formalities which may be required by law such as registration (see LAND CHARGES; NOTICE). Such
Account or Accompt
struck, or it is not accepted by all the parties; (2) stated, where it has been expressly or impliedly acknowledged to be correct by all the parties; and (3) settled, where it has been accepted and discharged. … of Justice. If the plaintiff in the first instance desires to have an account taken, the writ of summons must be endorsed with a claim that such account be taken (R. S. C., Ord. III., r. 8),
Assent of personal representatives
76, and the assent might be given to one executor. No formalities were required. The assent might be implied, for instance, in the case of lease holds, by letting the person entitled into possession or the receipt … still bound by the terms of the will or of any other instrument creating or affecting the equities. Notice of the assent or conveyance maybe required by the transferee thereunder to be stated or annexed to the
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