Onerous

onerous 1 : excessively burdensome or costly 2 : involving a return benefit, compensation, or consideration [an donation] used chiefly in the civil law of Louisiana see also onerous contract at contract compare gratuitous ...

onerous contract

onerous contract see contract ...

onerous title

onerous title see title ...

Onerous cause

Onerous cause, a good and legal consideration, Scots term....

Transit terra cum onere

Transit terra cum onere (Co. Litt. 231a), land passes with its burthen....

Winding-up

Winding-up, the process by which an insolvent estate is distributed, as far as it will go, amongst the persons having claims upon it. The term is most frequently applied to the winding-up of joint-stock companies.The property of a company is collected and distributed firstly in discharge of its liabilities, and secondly, among its members according to their respective rights with a view to its dissolution. If the assets are not sufficient to meet the liabilities, a company is usually wound up by the Court. In other cases the winding-up is usually voluntary and conducted by the company itself either with or without the supervision of the Court. The provisions of the (English) Companies Act, 1929, govern a winding-up in any of these three modes (s. 156). In any winding-up the members who may be called upon to contribute are ascertained and their liability determined under ss. 157-162; see CONTRIBUTORIES. Debts and claims of all kinds require to be proved and if not of certain value to be...

Unfair advantage or hardship

Unfair advantage or hardship, mere inadequacy of consideration or the mere fact that the contract is onerous to the defendant or improvident in its nature will not constitute 'unfair advantage or hardship' Surjeet Singh v. Kartar Singh, AIR 1988 P&H 53 (60)....

Under-lease

Under-lease, a grant by a lessee to another, called under-lessee, or under-tenant, or sub-lessee, or sub-tenant, of a part of his whole interest under the original lease, reserving to himself a reversion; it differs from an assignment, which conveys the lessee's whole interest, and passes to the assignee the right and liability to sue and be sued upon the covenants in the original lease.An under-lease for the whole term of the original lease amounts to an assignment, Beardman v. Wilson, (1868) LR 4 CP 57.Between the original lessor and an under-tenant there is neither privity of estate nor privity of contract, so that these parties cannot take advantage, the one against the other, of the covenants, either in law or in deed, which exist between the original lessor and lessee [Holford v. Hatch (1779) 1 Dougl 183; Johnson v. Wild, (1890) 44 Ch D 146]; but the lessor can distrain on the sub-lessee or take advantage of a condition of forfeiture, G.W. Ry. v. Smith, (1876) 2 Ch D 253. By s. 4...

Registration of title of land

Registration of title of land. The (English) Land Registration Act, 1925 (15 Geo. 5, c. 21), repeals and re-enacts the (English) Land Transfer Acts, 1875 (38 & 39 Vict. c. 87) and 1897 (60 & 61 Vict. c. 65), with amendments in keeping with innovations which were introduced by the property laws of 1925. Its object is to simplify the indicia of land ownership and transfer by mere inscription and transcription in a register. The advantages which are claimed for the system are (a) purchasers for value of an absolute or good leasehold title are absolved from any inquiry into the title other than it is shown to be on the register; (b) certain equitable claims which would be binding on the land under the general law and cannot be removed or over-reached without onerous formalities do not affect such purchasers; (c) the method of conveyance or charge is simple; (d) subject to the statutory provisions, registration guarantees the title to purchasers for value and mortgagees. It should be observ...

L'sio ulta dimidium vel enormis

L'sio ulta dimidium vel enormis, the injury sustained by one of the parties to an onerous contact when he had been overreached by the other to the extent of more than one-half of the value of the subject-matter-e.g., when a vendor had not received half the value of property sold, or the purchaser had paid more than double value, Colq. Rom. Civ. Law, s. 2094. See Moyle's 'Contract of Sale in Civil Law.'...

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