Material Breach - Law Dictionary Search Results
Interest
the circumstances, there had not been sufficient disclosure of that interest; and that, accordingly, there had been a material breach of regulation 4(2)(e)(ii) and the conditional fee agreement was unenforceable [See (English) Conditional Fee Agreements Regulation, 2000 (SI
Rescission
of the deposit. A party's unilateral unmaking of a contract for legally sufficient reason, such as other's party's material breach, Black's Law Dictionary, 7th Edn., p. 1308.
essence
of a thing [the of the contract] of the essence : of the utmost importance ;specif : so material in nature that failure to satisfy its requirements constitutes a breach of contract [time is of the essence]
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Breach of close
Matched in: Term Breach of close
Breach of confidence
Matched in: Term Breach of confidence
Negligence, contributory negligence
caused, and is of such a nature that it may properly be described as 'negligence'. Negligence ordinarily means breach of a legal duty to care, but when used in the expression 'contributory negligence' it does not mean … of contributory negligence arises when there has been some act or omission on the claimant's part, which has materially contributed to the damage caused, and is of such a nature that it may properly be described as
Cause of action
pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied … be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success,
Marriage, Promise of
however, the plaintiff may not 'recover a verdict' unless his or her testimony be corroborated by some other material evidence in support of such promise. The mere non-answering of a letter is not, however, sufficient corroboration, Wiedman … abolished until the reign of George II., by 26 Geo. 2, c. 33. In an action for the breach of the promise, the parties were excepted amongst others) from the general abolition of admissibility of parties as
Deed
of Eng 'Deeds.' Under a deed-poll any person sufficiently designated may maintain an action under the deed for breach of any obligation or assurance therein expressed in his favour. A party named in a deed is bound … partly printed or lithographed in any character or in any language, on paper, vellum, or parchment, since these materials best unite the two qualities of durability and difficulty of concealing alteration or erasure. (3) The language employed
Misrepresentation
Contract Act, 1872 (9 of 1872), s. 18)] Misrepresentation, i.e., suggestio falsi, if a matter of substance essentially material to the subject, whether by acts or bywords, by man'uvres, or by positive assertions or material concealment (suppressio … person making it, of that which is not true, though he believes it to be true; (2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any
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