In Toto - Law Dictionary Search Results

Home Dictionary Name: in toto

in toto

in toto [Latin, on the whole] : as a whole : in total [admitted the disputed testimony in toto] [refused to allow the will in toto] ...

Justum non est aliquem post mortem facere bastardum qui toto tempore vita sua pro legitimo habebatur

Justum non est aliquem post mortem facere bastardum qui toto tempore vita sua pro legitimo habebatur [Lat.], It is not just to make anyone a bastard after his death when for his whole life he was taken to be legitimate....

Pars pro toto

Pars pro toto, the name of a part used to represent the whole; as the roof for the house, ten spears for ten armed men, etc....

Turpis est pars qua non convenit cum suo toto

Turpis est pars qua non convenit cum suo toto (Plow. 161), that part is bad which accords not with its whole....

Award

Award [the primitive sense of ward is shown in the It. Guardare, Fr. regarder, to look. Hence, Prov. Fr. eswarder (answering in form to award), to inspect goods, and, incidentally, to pronounce them good and marketable; eswardenur, an inspector, Hecart. An award is accordingly, in the first place, the taking a matter into consideration and pronouncing judgment upon it; but in later times the designation has been transferred exclusively to the consequent judgment, Wedgw.], a document containing the determination of commissioners, under an Inclosure Act or other public statute; also an instrument embodying an arbitrator's decision on a matter submitted to him. It must follow the submission, but need not necessarily be in writing, unless so prescribed. An award is generally considered as published as soon as the arbitrator has done some act where by he becomes functus officio, and has declared, and can no longer change, his final mind. As soon as the award is executed, notice thereof shou...

Bottomry Bond, or Contract, also Bottomree, or Bummaree

Bottomry Bond, or Contract, also Bottomree, or Bummaree, a species of mortgage or hypothecation of a ship, by which her keel or bottom is pledged (partum pro toto) as a security for the repayment of a sum of money. If the ship be totally lost, the lender loses his money; but if she returns safely, he recovers his principal, together with the interest agreed upon. Such bonds are allowed as valid in all trading nations, for the benefit of commerce, and as a pretium periculi for the extraordinary hazard run. See Abbott on Shipping, and RESPONDENTIA....

Warranty

Warranty, a guarantee or security; formerly a promise or covenant by deed by the bargainer, for himself and his heirs, to warrant and secure the bargainee and his heirs against all persons for the enjoying of the thing granted accompanied by a promise, express or implied, that if eviction should take place, the warrantor would substitute an equivalent estate in its place-see Co. Litt. 365 a. In that form it has been superseded in practice by 3 & 4 Wm. 4, cc. 27 (s. 39) and 74 (s. 14). See RECOVERY.More generally, a warranty is any agreement either accompanying a transfer of property, or collateral to the contract for such transfer, see Lawrence v. Cassell, (1930) 2 KB 83, and Miller v. Cannon Hill Estates Ltd., (1931) 2 KB 113, or to any other agreement or transaction, and in so far as it is a contract a warranty does not differ from any other contractual promise. A warranty may be express or implied by law or statute.For instances of implied warranties, see that title, CAVEAT EMPTOR, ...

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