Original Intent - Law Dictionary Search Results
Way
the adjoining closes; but this privilege is confined to highways; for as private ways are presumed to have originated in grants from the owner of the soil, the want of repair, amounting to a founderous state, does … rise at common law to any prescription of dedication; or unless there is evidence that there was no intention to dedicate, or unless there was not at any time any person in possession of such land capable
Insurance
her wife, husband, or children, the policy moneys are not subject to his or her debts, unless an intent to defraud creditors be proved. A husband has an insurable interest in the life in his wife, Griffiths … standing, but since the alteration of the law in 1824, appear to be on the decline. The formation originated in a two-fold reason: 1st, that the underwriters charged premiums more than commensurate with the risk; and, 2ndly,
Shelley's case, Rule in
and a remainder in his heirs. In the absence of the rule, the heir would have taken an original and independent estate by purchase, not derived from or controllable by his ancestor; but the operation of the … rule is of positive institution at variance with rules of construction; for while the latter seek for the intention of parties, and strive for its accomplishment, the former combats the intention--a conflict which frequently raises immense difficulties
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Implied trusts
is converted by the trustee from one species of property into another; for if the property, in its original form, were invested with a trust, the cestui que trust's interests cannot be affected by any change of … or situation of parties. Implied trusts have been distributed into two classes: (1) those depending upon the presumed intent of the parties, as where property is delivered by one to another to be handed over to a
Negotiable instruments
last endorsement is an endorsement in blank. Explanation (iii).--Where a promissory note, bill of exchange or cheque, either originally or by endorsement, is expressed to be payable to the order of a specified person, and not to … expressed to be payable to a particular person, and does not contain words, prohibiting transfer or indicating an intention that it shall not be transferable. Explanation (ii).--A promissory note, bill of exchange or cheque is payable to
Dissenters Chapels Act
Lords that Unitarian congregations, inspite of long and undisturbed possession, were not entitled to retain chapels and meeting-houses originally founded under Trinitarian Nonconformist trust deeds dated prior to 1813, when the benefit of the Toleration Act was … of the doctrines taught or ritual practised in any chapel or meeting-house of any Non-conformist body, or the intentions of the founders by whom the building or its accessories or endowments were given, when such doctrines have
Tail
either at law or inequity, any contract made by his ancestor as tenant-in-tail, since he claims from the original grantor, and not from his immediate ancestor. If, however, he do any act towards completing such a contract, … exonerate the estate (for he might, if he pleased, have acquired the fee-simple), unless he evince the contrary intention by taking as assignment of the incumbrance to a trustee in trust for himself, or by some other
Discrimination
prohibits the State from discriminating against its citizens on the ground or colour, race or ethnic or national origin, inciting discrimination is an offence under this Act which is enforceable not only against the State but also … Discrimination, when used in Art. 304(a), involves an element of intentional and purposeful differentiation thereby creating economic barrier and involves an element of an unfavourable bias. It implies an
Deed
passed by the deed, its cancellation will not divest such estate so as to revest it in the original owner; there must be a re-transfer to this effect.(b) By a judicial act, as where by a decision … necessary that a deed should be drawn in accordance with the generally received formulary, provided it exhibits the intention of the parties, yet it is not advisable to deviate from it unless in a matter of urgent
Misrepresentation
to get the contract rescinded by the Court it the parties can be put back again in their original position; but see Jones & Co. v. Waring & Gillow Ltd., 1926 AC 670. See Leake on Contracts. … is not true, though he believes it to be true; (2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him, by misleading
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