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Misapprehension - Law Dictionary Search Results

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Misapprehension

Matched in: Term Misapprehension

sound

b : free from flaw, defect, or decay [a design] 2 a : free from error, fallacy, or misapprehension [based on judicial reasoning] b : legally valid [a title] 3 : showing good judgment or sense sound·ly

Misapprehensively

By or with misapprehension

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In all respects

owner, and if the servant in the performance of the duty performs it negligently, and, acting under a misapprehension which a little more care might have prevented, hands over the car to the wrong person, that is

Per incuriam

incuriam, through want of care. An order of the Court obviously made through some mistake or under some misapprehension is said to be made per incuriam. Incuria literally means 'carelessness'. In practice per incuriam appears to mean

Review

inherent or implied in a court or Tribunal to set aside a palpably erroneous order passed under by misapprehension under it and (2) a review on merits when the error sought to be corrected is one of

Specific performance

any improper influence. (c) The terms of the contract must be understood by the parties without mistake or misapprehension, and must be certain and defined, importing a concluded agreement, See Douglas v. Baynes, 1908 AC 477. (d)

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