Offer - Law Dictionary Search Results
Home Dictionary Name: offer Page: 6 Page 6 of about 395 results (0.002 seconds)Retainer
Retainer. (1) The contract between client and solicitor or between solicitor and counsel for professional services: the contract that such services shall not be given to the opposite party; (2) a document given by a solicitor to counsel, engaging the person who receives it to appear for a party, either in some particular suit or action in prospect (which is called a special retainer, or in all matters of litigation in which such party may at any time be involved; this is called a general retainer. Subject to rr. 20 and 21 of the Retainer Rules, a special retainer is binding if duly tendered, whether accepted or not, but there is no rule of the profession which makes a general retainer binding on a counsel unless it is accepted by him.Rules 20 and 21 are shortly as follows.By rule 20 counsel who has drawn pleadings or advised, or accepted a brief, during the progress of an action on behalf of any party must not accept a retainer or brief from any other party without giving the party or ...
declaration
declaration 1 : the act of declaring [ of dividends] [ of war] 2 a : the first pleading in a common-law action compare complaint, indictment b : a statement usually not under oath made by a party to a legal transaction [the attorney must later sign an affidavit or stating that he has informed the debtor "J. H. Williamson"] c : a statement not under oath being offered as evidence declaration against interest : a statement made by someone unavailable as a witness that is against that person's own interests (as pecuniary or property interests) or may subject that person to liability compare admission, confession, self-incrimination NOTE: A declaration against interest is an exception to the hearsay rule. A statement that is offered to clear the accused is not admissible without corroborating circumstances under the Federal Rules of Evidence. dy·ing declaration : a statement that is made by a person who firmly believes that he or she is about to die and has no hope of recove...
disclosure
disclosure : an act or instance of disclosing: as a : a lender's revelation of information to a consumer under the Truth in Lending Act that enables the consumer to make an intelligent decision about the loan b : the revelation to investors of financial information about a corporation or municipality and about the security it is offering for sale see also prospectus, registration statement NOTE: Disclosure is required for a public offering. c : revelation by a corporate insider (as an officer) for approval of a business transaction that involves self-dealing d : a debtor in bankruptcy's revelation to creditors of a bankruptcy plan ...
Free acceptance
Free acceptance, a defendant who 'freely accepts' goods or services may be held to have been enriched thereby. A free acceptance has been stated to occur where a recipient knows that a benefit is being offered to him non-gratuitously and where he, having the opportunity to reject, elects to accept so that 'when a defendant has passed up an opportunity to reject a benefit knowing that it was not offered gratuitously he has only himself to blame for the resulting situation, Birks an Introduction to the Law of Restitution, (1985) P 114. See also Halsbury's Laws of England, Vol. 40(2) para 1315, p. 610....
issue
issue 1 pl : proceeds from a source of revenue (as an estate) [rents, s, and profits] 2 : one or more lineal descendants [died without ] compare child, heir 3 a : a vital question or problem [cited a national security ] [raised an of public safety] b : a matter of dispute between two or more parties ;specif : a single material point of fact or law in litigation that is affirmed by one side and denied by the other and that is a subject of the final determination (as by jury) of the proceedings genuine issue : an issue of fact that requires adjudication by trial rather than summary judgment because sufficient evidence exists to support a verdict for the party opposing the motion for summary judgment NOTE: The burden is on the party moving for summary judgment to show that no genuine issue is in dispute. issue of fact : a dispute about a material fact that is raised by pleadings and that must be resolved by a decision under the law in order to become res judicata issue of la...
Dairyman
Dairyman, includes the keeper of a cow, buffalo, goat, ass or other animal, the milk of which is offered or is intended to be offered for sale for human consumption, and any purveyor of milk and any occupier of a dairy. [Cantonments Act, 1924 (2 of 1924), s. 2 (xi)]...
Wreck
Wreck, such goods, including the ship or cargo or any part [(English) Merchant Shipping act, 1894 (57 & 58 Vict. c. 60], ss. 518 to 522, and Hals. L. E., sub tit. 'Shipping'; Part XII., 'Wreck,'), as, after a shipwreck, are afloat or cast upon the land by the sea. According to an old definition (Jacob's Law Dict., tit. 'Wreck') they were not wrecks so long as they remained at sea in the jurisdiction of the Admiralty. By s. 510 of the (English) Merchant Shipping Act, 1894, 'wreck' includes in that Act 'jetsam, flotsam, and derelict found in or on the shores of the sea or any tidal water.'The term is used in several senses, e.g., a ship which is so damaged as to be unable to continue her voyage is a 'wreck' for the purposes of s. 158 of the M.S. Act, 1894; and Barras v. Aberdeen Steam Trawlers, 1933, AC 402, under the (English) Merchant Shipping (International Labour Conventions) Act, 1925 (15 & 16 Geo. 5, c. 42); The Olympic, 1913 P. 92. The old distinction appears to be that if propert...
Underwriter
Underwriter, an insurer of ships, so called from his writing his name under the policy of insurance. See INSURANCE.Also subscribers (generally before a public issue by the company) offering to take all or a stated amount of the shares offered to and not taken up by the public. The sole consideration allowed is a commission at a rate which must be disclosed in the prospectus and not exceeding the rate authorized by the Articles of Association. This commission must not be confused with brokerage which companies are allowed to pay for placing their shares. [see (English) Companies Act, 1929, ss. 35 and 355, 4th Sch. (10)]A bona fide invitation to enter into an underwriting agreement does not require a prospectus within the meaning of s. 35 (ibid.). see PROSPECTUS....
Prostitute
Prostitute, 'prostitute' means a female who offers her body for promiscuous sexual intercourse for hire, whether in money or in kind. State of U.P. v Kaushailiya, AIR 1964 SC 416: (1964) 4 SCR 1002.A woman who indiscriminately consorts with men for hire. Solicitation by prostitutes is punishable in towns by the (English) Town Police Clauses Act, 1847, s. 28 (in cases where the town is subject to a special Act incorporating that Act); in London by the Metropolitan Police Act, 1839, s. 54, and generally by the Vagrancy Act, 1824.A licensed retailer of intoxicating liquor permitting his premises to be the habitual resort of reputed prostitutes, whether their object be prostitution or not, is, if he allows them to remain longer than is necessary for the purpose of obtaining reasonable refreshment, liable to a penalty under the Licensing Act, 1910, s. 76.A man who lives on the earnings of prostitution may be dealt with as a 'rogue and a vagabond' by the (English) Vagrancy Act, 1898, amended...
Obtaining or attempting to obtain
Obtaining or attempting to obtain, the words 'obtaining' or 'attempting to obtain' can certainly include threat, K.P. Sinha v. Aftabuddin, AIR 1955 Pat 453 (456). (Indian Penal Code, s. 161)The word 'obtains' does not eliminate the idea of acceptance of what is given or offered to be given, though it connotes also an element of effort on the part of the receiver. One may accept money that is offered, or solicit payment of a bribe, or extort the bribe by threat or coercion; in each case, he obtains a pecuniary advantage by abusing his position as a public servant. The word 'obtains' is used in ss. 161 and 165 of the Penal Code, Ram Krishan v. State of Delhi, AIR 1956 SC 476 (478): (1956) SCR 182. [Prevention of Corruption Act, 1947, s. 5(1)(d)]...
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