Memorandum In Error - Law Dictionary Search Results
Memorandum in error
Matched in: Term Memorandum in error
Mistake
Mistake, misconception, error. Money paid under a mistake of a material fact, as where a person discounts a forged bill, is … Court or a trustee in bankruptcy has received the money [Ex P. Simmonds, (1885) 16 QBD 308]. A contract is not voidable because it was caused by a mistake as to any law in force in India;
cure
corrects: as a : to use judicial procedures to undo (damage to a litigant's case caused by procedural errors made during a trial) [subsequent proceedings cured harm caused by trial court's error in impermissibly allowing…statements of government … defect in the pleadings] b : to correct or make acceptable (a defective performance or delivery under a contract) [the nonconformity would be seasonably cured "J. J. White and R. S. Summers"] c : to negate (a
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Hybrid award
the award made by the arbitrator is a non-speaking one the difficulty of showing that there is an error apparent on the face of the award becomes insurmountable and ordinarily such award cannot be challenged at all … award cannot be challenged at all unless it is shown that the arbitrator has wholly travelled outside the contract which gives him the jurisdiction. In cases of speaking awards the court can interfere if there is an
reformation
or an instance of reforming ;specif : the equitable remedy of reforming a writing (as a deed or contract) and enforcing it as reformed NOTE: Reformation is allowed primarily to correct mistakes such as typographical errors or … or contract) and enforcing it as reformed NOTE: Reformation is allowed primarily to correct mistakes such as typographical errors or incorrectly chosen words. Occasionally reformation is permitted in cases of fraud or misrepresentation. Clear and convincing evidence
law
enforcing laws c : the application of a law or laws as distinct from considerations of fact [an error of ] see also issue of law at issue matter of law at matter question of law at
Piedpoudre, Court of
or market, and the plaintiff must make oath that the cause of action arose there. A writ of error lay in the nature of an appeal to the Courts at Westminster, 3 Reeves, c. 20, p. 293. … one and the same day, unless the fair continues longer. The court had cognizance of all matters of contract that could possibly arise within the precinct of that fair or market, and the plaintiff must make oath
Rectification
Rectification, implies the correctness of an error or removal of defects or imperfections. It implies prior existence of error, mistake, or defect, which after rectification … 155) A court's equitable correction of a contractual term that is misstated; the judicial alteration of a written contract to make it conform to true intention of parties when in its original form, it did not reflect
mistake
mistake 1 : an unintentional error esp. in legal procedure or form that does not indicate bad faith and that commonly warrants excuse or … : a state of mind that is not in accordance with the facts existing at the time a contract is made and that may be a ground for the rescission or reformation of the contract b :
Marriage
Cl&F 534, so that the rule semper pr'sumitur pro negante applied, and 'judgment was given for the defendant in error.' In 1753 Lord Hardwicke's Act (26 Geo. 2, c. 33), passed to prevent clandestine marriages, required, under pain … Lee 42, and declare any subsequent intermediate marriage by either party invalid. But whether or not a mere contract 'per verba de pr'senti' ever constituted by itself a valid marriage in England as regards dower, heirship, and
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