Mutual Will - Law Dictionary Search Results
Desertion
revive condoned adultery, Houghton v. Houghton, 1903, P. 150. Adultery by a husband after some years' separation by mutual consent is not evidence of desertion, and a wife without cause refusing marital intercourse cannot allege 'desertion' by … v. Piper, 1901, P. 198. As to whether the obtaining of an order under the Act of 1895 will prevent the two years' 'desertion without cause' from running and so prevent the wife from obtaining a judicial
Doctrine of pari delicto
and both parties have voluntarily and by their free will joined hands to flout the law for their mutual gain, Mohd. Salimuddin v. Misri Lal, (1986) 2 SCC 378: AIR 1986 SC 1019: (1986) 1 SCR 622.
Award
in toto; unconditional, but it may be alternative, without reservation or delegation, except as to ministerial acts, certain, mutual, possible, and consistent, without palpable mistake; when partly good and partly bad, the good part, if separable from … an award. Recitals are unnecessary. The award must be entire, final, on all the matters referred, or it will be void in toto; unconditional, but it may be alternative, without reservation or delegation, except as to ministerial
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Condition
state of things which, but for its happening, would have continued. Dependent or collateral conditions depend upon their mutual fulfilment as in a contract for sale of land where, unless otherwise agreed, the payment of the purchase … to limit property. In their primary meaning, conditions precedent are events, but for the happening of which, rights will not arise. A condition subsequent puts an end to a state of things which, but for its happening,
Exchange
Exchange, a contract of sale denotes a transfer of property in goods by mutual consent. Such a transfer of ownership must be in relation to transfer from one person to another. The … weight and fineness of the coins, or of the bullion for which the substitutes used in their place will exchange, and their weight or fineness, as fixed by the mint regulations; and, secondly, any sudden increase or
Specific performance
of any deposit. The board general rule is that contract relating to the sale or lease of land will be specifically enforced, but not contracts relating to personal property except under very special circumstances, as where damages … exists on the one side, there must be a promise or sale on the other, together with a mutuality of remedy between the parties. In other words, there must be some inducement passing from one party in
Rectification
Punj 232. Rectification. The power to rectify a written document which, as drawn out, does not express the mutual and concurrent intention of the parties, is a power which the Courts of equity always possessed; but such … (1872) LR 15 Eq 247; and in leases Cowan v. Truefitt, Ltd., (1899) 2 Ch 309. As to wills, see Vaughan v. Clerk, (1902) 87 LT 144; Re Schott, 1901 P. 190. Also an alteration rectifying an
International Law
as the phrase is, sub mutu' vicissitudinis obtentu, with a wise and liberal regard to common convenience and mutual benefits and necessities. The first and most general maxim stated in international jurisprudence is that every nation possesses … other governments, or of their citizens. One exception to this doctrine is that the courts of this country will not enforce the penal laws of another country. The King of Spain's fortune having been forfeited by the
condition
condition : a condition that is to be fulfilled by one party at the same time that a mutual condition is to be fulfilled by another party condition implied in law : constructive condition in this entry … the whim of the obligated party make the obligation null, and that resolutory conditions which depend on the will of the obligated party must be fulfilled in good faith. resolutory condition [re-zə-lü-tə-rē-, ri-zÄ l-y-tōr-ē-] in the civil
Contract
enforce-able at law,' but contended that this definition seems rather too narrow. Every contract is founded upon the mutual agree-ment of the parties; the other essentials are legality, capacity (depending on age, mental ability, sex and status) … other side, as a contract to pay a person the worth of his services so long as he will do certain work; or to give a certain price for every bushel of so much corn as corresponds
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