Per Dom - Law Dictionary Search Results
Home Dictionary Name: per domper se
per se [Latin, by, of, or in itself] 1 : inherently, strictly, or by operation of statute, constitutional provision or doctrine, or case law [the transaction was illegal per se] see also negligence per se at negligence nuisance per se at nuisance 2 : without proof of special damages or reference to extrinsic circumstances [defamatory statements that were actionable per se] compare per quod adj : being such inherently, clearly, or by operation of statute, constitutional provision or doctrine, or case law [it is clear that licensing of adult entertainment establishments is not a per se violation of the First Amendment "Club Southern Burlesque, Inc. v. City of Carrollton, 457 S.E.2d 816 (1995)"] [a per se conflict of interest] ...
Qui facit per alium facit per se
Qui facit per alium facit per se. Co. Litt. 258, (He who acts through another, acts through himself.) See AGENT.The resolution of the Standing Committee is referred to in the notice itself. To all intents and purposes then the notice which the Chief Officer signed is a notice issued by the Standing Committee in accordance with the maxim qui facit per alium facit per se. Emperor v. Heptulla Alibhai, AIR 1930 Bom 352.The maxim the law of agency is not a doctrine of criminal law, but of civil law, Maung New v. Maung Po Hla, AIR 1937 Rang 117.The rule as to agency is expressed in the maxim qui facit per alium, facit per se, Motilal Channoolal Vaish v. Golden Tobacco Co., AIR 1957 MP 223. (Contract Act, 1875, s. 182)...
per capita
per capita [Medieval Latin, by heads] 1 : equally to each individual [all property to pass to the descendants per capita] used of a method of distributing an esp. intestate estate compare per stirpes NOTE: Per capita distribution of an estate provides each descendant with an equal share of the estate's assets regardless of the degree of his or her kinship. Children, grandchildren, great-grandchildren, etc., all receive equal shares. 2 : per unit of population : by or for each individual [a high per capita tax burden] ...
per diem
per diem [Latin] : by the day : for each day [paid per diem] adj 1 : based on use or service by the day [per diem compensation] 2 : paid or calculated by the day [per diem interest] n 1 : a daily allowance [received a per diem for expenses] 2 : a daily fee [paid a per diem for maintenance of the equipment] ...
Per capita
Per capita (by the number of individuals), opposed to per stirpes (by the number of families); if a man die and leave all his goods 'among my grandsons,' having nine grandsons, one of whom was an only son, and the other eight brethren; then if the division be per stirpes, the only son shall take half the goods as representing one of his grandsire' two children; if the division was to be per capita, he would take a ninth part only as being one of nine grandsons. Whether legatees are to take per stirpes or per capita is often a difficult question of construction; for the authorities, see Theobald on Wills; and see the Administration of Estates Act, 1925, s. 47....
Per my et per tout
Per my et per tout (not of any part but of the whole). Et sic totum tenet et nihil tenet, scil, totum conjunctim et nihil per se separatum; see Myrray v. Hall, (1849) 7 CB 455. Joint tenants, by reason of the combination of entirety of interest with the power of transferring in equal shares, are said to be seised per my et per tout. 'And this,' says Littleton, 'is as much as to say, as he is seised by every parcell and by the whole, etc.'; see Co. Litt. 186 a. If any joint tenant severs by alienating his share he destroys the joint tenancy in that share and the grantee obtains no joint tenancy. See JOINT TENANTS; ENTIRETIES....
Capita, Per
Capita, Per (by heads). Distribution of personalty per capita (professedly borrowed from the civilians, and enacted in the Statute of Distribution) happens when all the claimants claim in their own right, in equal degree of kindred, and not jure representationis (per stripes), in the right of another person, as if the next of kin be the intestate's three children, A., B., and C.; here the intestate's personalty is divided into three equal portions, and distributed per capita, one to each. The expression 'per capita, does not occur in the Administration of Estates Act, 1925, which repealed the Statute of Distribution and altered and diminished family rights in the distribution of intestate estates. See Widow in regard to all deaths after 1925....
Per incuriam
Per incuriam, are those decisions given in ignorance or forgetfulness of some inconsistent (sic) statutory provision or of some authority binding on the court concerned, so that in such case some part of the decision or some step in the reasoning on which it is based, is found, on that account to be demonstr-ably wrong, A.R. Antulay v. R.S. Nayak, (1998) 2 SCC 602: 1988 SCC (Cri) 372.Per incuriam, through want of care. An order of the Court obviously made through some mistake or under some misapprehension is said to be made per incuriam.Incuria literally means 'carelessness'. In practice per incuriam appears to mean per ignoratium. English courts have developed this principle in relaxation of the rule of stare decisis. The 'quotable in law' is avoided and ignored if it rendered, 'in ignoratium of a statute or other binding authority', Young v. Bristol Aeroplance Co. Ltd., foll.; State of Uttar Pradesh v. Synthtics and Chemicals Ltd., (1991) 4 SCC 139 (162)....
per quod
per quod [Latin, whereby] : on the basis of or with reference to extrinsic circumstances [statements are considered defamatory per quod if the defamatory character of the statement is not apparent on its face "Kolegas v. Heftel Broadcasting Corp., 607 N.E.2d 201 (1992)"] [a per quod claim for loss of consortium] compare per se ...
per stirpes
per stirpes [Latin, by familial stocks] : by right of representation [the estate was divided per stirpes] used of a method of distributing an esp. intestate estate compare per capita NOTE: Per stirpes distribution provides for division of an estate equally among the members of the group of descendants having a particular degree of kinship (as children), with the issue (that is, the offspring) of a deceased member of that group representing the deceased member, taking the deceased member's share, and dividing it equally among themselves. For example, if a decedent had three children, one of whom had already died leaving issue, the estate would be divided into thirds, with each living child receiving a one-third share, and the issue of the deceased child dividing a one-third share equally amongst themselves. ...
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