Impossibility - Law Dictionary Search Results
Home Dictionary Name: impossibility Page: 5Contract
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...
Goodwill
Goodwill, may be the whole advantage belonging to the firm, its reputation as also connection thereof. It, thus, means that every affirmative advantage as contrasted with negative advantage that has been acquired in carrying on the business whether connected with the premises of business or its name or style, everything connected with or carrying the benefit of the business, Ramnik Vallabhdas Madhwani v. Taraben Pravinlal Madhwani, (2004) 1 SCC 407: AIR 2004 SC 1084 (Partnership Act, 1932, s. 55).A business's reputation, patronage, and other intan-gible assets that are considered when apprising the business, esp. for purchase; The ability to earn income in excess of the an come that would be expected from the business veined as a mere collec-tion of assets, Black's Law Dictionary, 7th Edn., p. 703.The advantage or benefit which is acquired by a business, beyond the mere value of the capital, stock, funds, or property employed therein, incon-sequence of the general public patronage and ...
Incapacitated person
Incapacitated person, means A person who is impaired by an intoxicant, by mental illness or deficiency, or by physical illness or disability to the extent that personal decision-making is impossible, Black's Law Dictionary, 7th Edn., p. 763....
In corrigibility
In corrigibility, means serious or persistent mis-behaviours by a child, making reformation by parental control impossible or unlikely, Black's Law Dictionary, 7th Edn., p. 770....
Impossibilium nulla obligatio est
Impossibilium nulla obligatio est [Lat.], there is no obligation to do impossible things....
Having regard to
Having regard to, the expression is not 'having regard only to' but 'having regard to'. These words are not a fetter; they are not words of limitation, but of general guidance to make an estimate, Sitaram Sugar Co. Ltd. v. Union of India, AIR 1990 SC 1277 (1290): (1990) 3 SCC 223. [Essential Commodities Act (10 of 1955), s. 3(3C)]It indicates that in exercising the power, regard must be had also to the factors enumerated together with all factors relevant for exercise of that power, India Cement Ltd. v. Union of India, AIR 1991 SC 724 (730): (1990) 4 SCC 356.The words 'having regard to' used in the section do not restrict the consideration only to two matters indicated in the section as it is impossible to arrive at a conclusion as to reasonableness by considering only the two matters mentioned isolated from other relevant factors. It is neither possible nor advisable to lay down any decisive tests for the guidance of the Income-tax Officer. The satisfaction depends upon the facts of e...
Cy-press Doctrine
Cy-press Doctrine, it applies where a charitable trust is initially impossible and the Court applies the property 'Cy-press' i.e. to some other charities as nearly as possible, resembling the original trust; N.S.R. Mudaliar v. M.S.V. Mudaliar, (1970) 1 SCC 12; R.P. Gandhi v. State, AIR 1954 SC 388; Abid v. Janab, (2000) 3 SCC 113....
Gestation
Gestation. There is no extreme period of gestation by English law. In Bosvile v. Attorney-General, (1887) 12 PD at p. 178, medical witnesses put the normal time at from 270 to 275 days, adding that a longer period, though not unknown or even uncommon, is exceptional. See also Gaskill v. Gaskill, 1921, P. 425, where it was held that in the present state of medical knowledge 331 days was not an impossible period of gestation...
Fraud
Fraud, a fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. It is a deception in order to gain by another's loss. It is a cheating intended to got an advantage, S.P. Chengalvaraya Naidu v. Jagannath, AIR 1994 SC 853 (855): (1994) 1 SCC 1.A term used in a variety of meanings. At Common Law, fraud is actionable under the heading of deceit (q.v.).A knowing misrepresentation of the truth or con-cealment of a material fact to induce another to act to his or her detriment, Black's Law Dictionary, 7th Edn., p. 670.In equity and upon the equitable principles which are now applicable in any Court of law, fraud may be described as an infraction of the rules of fair dealing. For the action at law intention and representation (q.v.) are material. In equity an act or its consequences to the person aggrieved may be of greater importance than the intention of the defendant or any representation made to the plaintiff, and the same may b...
Fealty
Fealty [fr. fidelitas, Lat.; feaulte, Fr.], the special oath of fidelity or mutual bond of obligation between a lord and his tenant; the general oath being the allegiance performed by every subject to his sovereign, but this is better known by its more significant appellation of the oath of allegiance. Although foreign jurists consider fealty and homage as convertible terms, because in some continental countries they are blended so as to form on engagement, yet they are not to be confounded in our country, for they do not imply the same thing, homage being the acknowledgment of tenure, and fealty, the vassal oath of fidelity, being the essential feudal bond, and the animating principle of a feud, without which it could not subsist. Fealty comprehends the following obligations, viz.: (1) Incolume, that the tenant do no bodily harm to his lord; (2) Tutum, that he do no secret damage to him in his house; (3) Honestum, that he damage not his reputation; (4) Utile, that he do no damage to h...
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