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Inchmaree Clause - Law Dictionary Search Results

Home Dictionary Name: inchmaree clause

Inchmaree clause

Inchmaree clause [after Inchmaree, a British steamer whose 1884 sinking in Liverpool harbor resulted in its formulation] : a clause in a marine insurance policy that covers damage or loss caused by the negligence of a vessel's own captain or crew or by any defect in the ship's hull or machinery ...


Clause

Clause, means a clause the article in which the ex-pression occurs. [Constitution of India, Art. 366(5)]A distinct section or provision of a legal documentor instrument, Black's Law Dictionary, 7th Edn., p. 243.Clauses, means a series of numbered parts into which a Bill is divided; a descriptive title is printed in the margin of each clause, Parliamentary Practice; Erskine May, 22nd Edn., 1997, p. 463The main clauses of a bill in the Indian Parliament are: (i) Extent clause, (ii) Commencement clause, (iii) Definition clause, (iv) Rule making clause etc., Practice and Procedure by Parliament, M.N. Kaul & S.L. Shakdher, 5th Edn., 2001, p. 537....


Lands Clauses Consolidation Act, 1845, (English)

Lands Clauses Consolidation Act, 1845, (English) (8 & 9 Vict. C. 18), amended by 23 & 24 Vict. C. 106, and 32 & 33 Vict. c. 18, applicable to England and Ireland, the Public Act of Parliament whereby railway companies and other public bodies, authorised by special Act of Parliament to take the land of individuals for the purpose of such special Act, enter upon and make compensation for the land. Ss. 3 and 5 apply this general Act to every undertaking established by any special Act passed after its date by which the purchase or taking of lands for such undertaking is authorised and incorporate the general Act with such special Act except when or in so far as it is expressly excluded.The (English) Acquisition of Land (Assessment of Compensation) Act, 1919 (15 & 16 Geo. 5, c. 59), varied the principles of compensation provided by the Lands Clauses Acts upon compulsory purchase by a Government Department or a local or public authority, inter alia, compensation under the Act of 1919, is to ...


ipso facto clause

ipso facto clause : a clause in an agreement stipulating the consequences (as termination of a lease or acceleration of a payment) of the insolvency of one of the parties called also bankruptcy clause ipso facto bankruptcy clause NOTE: An ipso facto clause is invalid under the Bankruptcy Code because a trustee is not bound by any provision or applicable law that is conditioned on the debtor's insolvency. ...


penalty clause

penalty clause 1 : a clause (as in a contract) that calls for a penalty to be paid or suffered by a party under specified terms (as in the event of a breach) and that is usually unenforceable NOTE: A penalty clause differs from a liquidated damages clause by not being tied to an estimate of possible actual damages. 2 : a clause in a statute or judgment that sets forth a penalty for a specific act or omission (as failure to make a support payment on time) ...


Continuation clause

Continuation clause. In English time policies it has been usual to provide by a clause attached to the policy, called the continuation clause, that if at the end of the period of insurance the ship is at sea, the insurance may be extended until her arrival at some port, Arnould's Marine Insurance, 8th Edn. P. 570. The Finance Act, 1901, (1 Edw. 7, c. 7), s. 11,provides that a policy of sea insurance shall not be invalid on the ground only that by reason of such a clause it may become available for a period exceeding twelve months, and a continuation clause is for this purpose defined as an agreement to the effect that in the event of the ship being at sea or the voyage otherwise not completed on the expiration of the policy, to subject-matter of the insurance shall be held covered until the arrival of the ship, or for a reasonable time thereafter not exceeding thirty days....


Interpretation Clause

Interpretation Clause, a clause of an Act of Parlia-ment or document which defines the meaning of certain words occurring frequently in other clauses of the Act or document; see, e.g., s. 334 of the Public Health Act, 1936, replacing s. 4 of the (English) Public Health Act, 1875 (38 & 39 Vict. c. 55), and see also (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), s. 305. Almost all modern Acts define the sense in which certain terms are used for the purposes of the Act.Interpretation clauses have been much complained of by judges: see Mews's Digest, tit. 'Statute,' p. 1886; but they make an Act, by shortening, much easier to read, and indeed in their complicated matters with which modern legislation deals, their use is absolutely indispensable. It should, however, be observed that the definitions in such clauses are generally exclusively referable t the Statute, or Part, or S. to which they are expressed to relate and do not necessarily govern the meaning of the term in any...


Other-insurance clause

Other-insurance clause, means an insurance-policy provision that attempts to limit coverage if the insured have other coverage for the same loss. The three Major other-insurance clauses are the pro rata clause, the excess clause, and the escape clause, Black's Law Dictionary, 7th Edn., p. 1128....


mortgage clause

mortgage clause : a clause in an insurance contract (as for fire insurance) that entitles a named mortgagee to be paid for damage or loss to the property see also open mortgage clause, standard mortgage clause ...


omnibus clause

omnibus clause 1 : a clause in a will, decree, or security agreement that stipulates the disposition or status of property not specifically named 2 : a clause in a vehicle insurance policy that provides coverage for those who use the vehicle with the express or implied permission of the insured see also statutory omnibus clause ...


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