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Home Dictionary Name: mistake Page: 4 Page 4 of about 121 results ( seconds)Clerical error
Clerical error, an error in a document which can only be explained by considering it to be a slip or mistake of the party preparing or copying it. Clerical errors in judgments or orders may be corrected by the Court or a judge under R.S.C. Ord. XXVIII., r. 11, and in awards, by the arbitrator, under the Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 7; and for the inherent right of a Court to correct an error or supply an accidental omission, see Milson v. Carter, 1893 AC 640.As to contracts, clerical errors have frequently been corrected by application of the maxims, Qui h'ret in litera, h'ret in cortice, or, Mala grammctica non vitiat chartam. A clerical error in a lease for ninety-four years at a yearly rent 'during the said term of ninety-one years and a quarter' was corrected by the counterpart into ninety-one years and a quarter, in Burchell v. Clark, (1876) 2 CPD 88, by a majority of the Court of Appeal; and see Spyve v. Topham, (1802) 3 East 115; and other cases showing that c...
Consensus tollit errorem
Consensus tollit errorem. Co. Litt. 126.-(Consent [acquiescence] removes mistake.) See Broom's Max. and title WAIVER....
Condictio indebiti
Condictio indebiti, an action for the recovery of a sum of money or other thing paid by mistake, Civil Law....
Blanks
Blanks a kind of white money (value 8d.) coined by Henry V., in those parts of France which were then subject to England; forbidden to be current in this realm by 2 Hen. 6, c. 9. Also, certain void spaces, sometimes left by mistake, in judicial proceedings, and which, if anything material be wanting, render the same void....
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...
Auctioneers
Auctioneers, licensed agents appointed to sell property and to conduct sales or auctions. They differ from brokers, in that the latter may both buy and sell, whereas auctioneers can only sell; also brokers sell by private contract, and auctioneers by public auction.An auctioneer is deemed the agent of both parties; he can bind virtue officii the seller and the purchaser of royalty by his memorandum of the sale under s. 40 of the (English) Law of Properties Act, 1925, replacing in part s. 4 of the Statute of Frauds; but he is only the agent of the seller before the fall of the hammer at the sale. He may sue the purchaser in his own name. An auctioneer is generally remunerated by a commission on the amount realised by the sale, or, if no sale has been effected, on the reserve.As to the right to specific performance when a mistake has been made by the auctioneer, see Re Hare and O'Moore's Contract, (1901) 1 Ch 93; McManus v. Fortescue, (1907) 2 KB 1. It has been held in Scotland that an a...
Apparent error
Apparent error, an apparent error means a patent mistake, an error which one could point out without any elaborate argument, Karam Chand Thapar v. State of Uttar Pradesh, AIR 1976 SC 2101 (2107): (1976) 4 SCC 257 (263)....
Actio condictio indebiti
Actio condictio indebiti, an action for the recovery of a sum of money or other thing paid by mistake, Civil Law....
Account stated
Account stated, An account stated is the admission of a balance due from one party to another, and that balance being due there is a debt; the statement of the account and the admission of the balance implies a promise in law to pay it; see Irving v. Veitch, (1837) 3 M&W 106. The account must have been stated before action brought. An account stated, however, creates only a prima facie liability, which may be rebutted by disputing the debts charged in the account, as, for instance, by proving mistake (among other ordinary defences); Camillo Tank Steamship Co. v. Alexandria Engineering Works, (1921) 38 TLR 134. For statutory power to re-open an account stated, see MONEY LENDERS ACT. By the Infants Relief Act, 1874 (37 & 38 Vict. c. 62), s. 1, an account stated with an infant is void.The expression 'account stated' has more than one meaning. It sometimes means a claim to payment made by one party and admitted by the other to be correct. There is, however, a second kind of account stated ...
Judicial control
Judicial control, means a doctrine by which a court can deny cancellation of a lease if the lessee's breach is of minor importance, is not caused by the lessee, or is based on a good-faith mistake of fact, Black's Law Dictionary, 7th Edn., p. 851....
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