Overruling - Law Dictionary Search Results
Home Dictionary Name: overruling Page: 2 Page 2 of about 28 results ( seconds)Marriage, Promise of
Marriage, Promise of, need not be in writing, although an 'agreement in consideration of marriage' must be, by s. 4 of the Statute of Frauds. So it was decided, overruling an earlier decision to the contrary, about 200 years ago, and the question does not appear to have been raised since 1717. In early times the spiritual courts enforced specific performance of the promise, and this jurisdiction was not formally abolished until the reign of George II., by 26 Geo. 2, c. 33. In an action for the breach of the promise, the parties were excepted amongst others) from the general abolition of admissibility of parties as witnesses under the Evidence Act,1851, but this exception was removed by the Evidence Further Amendment Act, 1869, under which, however, the plaintiff may not 'recover a verdict' unless his or her testimony be corroborated by some other material evidence in support of such promise. The mere non-answering of a letter is not, however, sufficient corroboration, Wiedman v. Walpol...
Light
Light. No right to have the access of the sun's rays to one's windows free from any obstruction exists at Common Law (see DAMNUM ABSQUE INJURIA) but by virtue of the (English) Prescription Act, 1832 (2 & 3 Wm. 4, c. 71), uninterrupted enjoyment of light for twenty years--commonly called 'ancient lights' --constitutes in every case an absolute and indefeasible right to it, unless the enjoyment took place under some deed or written consent or agreement, Hyman v. Van Den Bergh, (1908) 1 Ch 167. See PRESCRIPTION.The Prescription Act has not altered the previous law as to ancient lights, Colls v. Home and Colonial Stores, 1904 AC 179. And the right is to uninterrupted access of such light only as is ordinarily required for ordinary purposes and not to light peculiarly appropriate to the particular purpose for which the light has been used [ibid., overruling Warren v. Brown, (1900) 2 QB 722], and see also Price v. Hildich, (1930) 1 Ch 500.If two tenements belong to a common landlord, the rig...
Religion
The outward act or form by which men indicate their recognition of the existence of a god or of gods having power over their destiny to whom obedience service and honor are due the feeling or expression of human love fear or awe of some superhuman and overruling power whether by profession of belief by observance of rites and ceremonies or by the conduct of life a system of faith and worship a manifestation of piety as ethical religions monotheistic religions natural religion revealed religion the religion of the Jews the religion of idol worshipers...
Overrule
To rule over to govern or determine by superior authority...
Modus et conventio vincunt legem
Modus et conventio vincunt legem[Lat.], custom and agreement overrule law.--(Persons may contract themselves out of their legal obligations.)...
Decoy
Decoy [probably fr. kooy, Dut., a cage], a place made for catching wild water-fowl. As to the rights of an owner of such a place, see Carrington v. Taylor, (1809) 11 East 571; 11 Mod 74, though the decision in this case is overruled by Allen v. Flood, 1898AC 1.The word 'decoy' means to entire, tempt, lure of allure. There can be no such thing as 'forcibly decoy is a person from his place of residence. The word implies enticement or luring by means of some fraud, trick, or temptation, but excludes the idea of force. (Black Law Dictionary, 7th Edn.)...
Constructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim, whether he knew of it or not; for instance, a purchaser of land who is satisfied to take a shorter title than he could call for by statute is affected by notice of all trusts and equities of which he would have had notice if he had seen the full title. See Cox and Neve's Contract, (1891) 2 Ch 109; Patman v. Harland, (1881) 17 CD 353 illustrates the doctrine. It was there held that: (a) notice of a material document is notice of its contents, and (b) although the (English) Vendor and Purchaser Act, 1874...
Audit
Audit, an examining of accounts. An audit may be either detailed or administrative, and is usually both. A detailed audit is a comparison of vouchers with entries of payment, in order that the party whose accounts are audited may not debit his employer with payments not in fact made. An administrative audit is a comparison of payments with authorities to pay, in order that the party whose accounts are audited may not debit his employer with payments not authorised. If in either branch of audit an improper entry is discovered, the auditor surcharges the party whose accounts are audited; whereby the payment must be made by such party out of his own pocket. Where no fraud is suspected, however, and when there has been no negligence, it is common for the surcharge to be remitted [see, e.g., (English) Local Government Act, 18 (23 & 24 Geo. 5, c. 51), s. 230], especially where the party whose accounts are audited has given his service gratuitously.The public accounts are audited under the (E...
Overruler
One who or that which controls governs or determines...
citator
citator : a published list of cases, statutes, and other sources of law showing their subsequent history (as of being cited in other cases) and status (as in having been overruled by another case) see also shepardize ...
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