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Mistake - Law Dictionary Search Results

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Repetition

Repetition, a recovery of money paid under mistake, Civ. Law.

Nonvidentur qui errant consentire

Nonvidentur qui errant consentire.-(They do not appear to consent who commit a mistake.) See Broom's Leg. Max.

Remittitur damnum

Remittitur damnum. Where a jury gave greater damages than a plaintiff had declared for, the mistake might be rectified by entering a remittitur for the excess; or, if a plaintiff had signed judgment for

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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 is made right, and corrected by removal or the flaws, Benarsi Dass Saraf

Promutuum

who receives a certain sum of money, or a certain quantity of fungible things, delivered to him through mistake contracts the obligation of restoring as much. It resembles the contract of mutuum: (1) That in both a

Professional negligence

Professional negligence, 'professional negligence' is a mistake by a medical practitioner which is not reasonably competent and careful would have committed is a negligent one,

Prize Court

Admiralty, in consequence, perhaps, of the same judge having usually presided in both courts; but this is a mistake, for the whole system of litigation and jurisprudence in the prize Court, though exceedingly important, is peculiar to

Per incuriam

SCC (Cri) 372. Per 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

Parol evidence

which it recites. But parol evidence is admissible to defeat a written instrument on the ground of fraud, mistake, etc., or to apply it to its proper subject, or, in some instances, as ancillary to such application

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

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