Per Se - Law Dictionary Search Results
Home Dictionary Name: per se Page: 2 Page 2 of about 40 results (0.003 seconds)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....
rule of reason
rule of reason :a standard used in restraint of trade actions that requires the plaintiff to show and the factfinder to find that under all the circumstances the practice in question unreasonably restricts competition in the relevant market compare per se rule NOTE: The rule of reason does not apply to per se violations of the Sherman Antitrust Act. ...
Reasonable
Reasonable, has in law prima facie meaning of reasonable in regard to those circumstances of which the actor, called upon to act reasonably knows or ought to know, Gujarat Water Supply & Sewerage Board v. Unique Erectors (Gujarat) Pvt. Ltd., (1989) 1 JT SC 157: (1989) 39 ELT 493: AIR 1989 SC 973; Rena Drego v. Lalchand Soni, (1998) 3 SCC 341.Reasonable, has in law the prima facie meaning of reasonable in regard those circumstances of which the actor, called on to act reasonably, knows or ought to know, Rena Drego v. Lalchand Soni, (1998) 3 SCC 341.Means rational, according to dictate of reason and not excessive or immoderate. If something is not per se preposterous or absurd, it must he held to be reasonable. 'The action is called reasonable which an informed, intelligent, just minded, civilized man could rationally favour. The concept of reasonable-ness does not exclude notions of morality and ethics. In the circumstances of a given case consi-derations of morality and ethics may have...
Affinis dicitur, cum due congnationes, inter se divise, per nuptias copulantur, et altera ad alterius fines accidit
Affinis dicitur, cum due congnationes, inter se divise, per nuptias copulantur, et altera ad alterius fines accidit [Lat.], Persons are said to be bound by affinity when two families, divided from one another, are united by marriage, and each approaches the confines of the other....
Defendere se per corpus suum
Defendere se per corpus suum, to offer duel or combat as a legal trial and appeal. Abolished by 59 Geo. 3, s. 46. See BATTEL....
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 ...
Joint-tenancy
Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...
Agent
Agent, a person acting for another, whether by his express or implied authority, the general rule being, that whatever a person may do himself, that he may, as 'principal,' authorize another to do for him, and in accordance with the maxim, qui facit per alium facit per se, to fix him with the same liability in contract or tort as if he had done it himself. See BROKER, FACTOR, MERCANTILE AGENT, VICARIOUS RESPONSIBILITY, and consult Bowstead on Agency or Evans on Principal and Agent.Where the principal is disclosed, only the principal can be sued. Where the principal is not disclosed, but the agent acts as agent, either the agent or the principal, when disclosed, can be sued. If an agent represents himself as such, and contract for an undisclosed and unascertained principal, his contract may be ratified by the principal when disclosed and ascertained.Agent is a person appointed to carry on a business under the powers of a committee of a person incapable of managing his affairs or under a...
Vicarious responsibility
Vicarious responsibility. A principal is liable for acts of his agent within the scope of his mandate. If A., an innocent principal, by B. his agent to report, misleads C., his selling agent, and C., relying on the report, innocently misleads the buyer, the latter may recover damages against the principal for deceit if B.'s report was reckless and untrue, London County Freehold, etc. Properties, Ltd. v. Berkeley Pro-perty, etc. Co. Ltd., 155 LT 190. The knowledge of the principal and his agent is one, Pearson v. Dublin Corporation 1907 AC 351; although the functions may have been divided and one only of the con-stituents has been guilty, the mind, and with it the guilt, if any, and the act are collectively the principal's, and his responsibility. Qui facit per alium facit per se....
Office
Office, an employment, either judicial, municipal (see CORPORATE OFFICE), civil, military, or ecclesiastical.As to obtaining offices by desert only, the repealed 12 Ric. 2, c. 2, enacted that--The Chancellor, Treasurer, . . . the Justices of the one bench and the other, Barons of the Exchequer and all other that shall be called to ordain, name, or make justices of the peace, sheriffs, . . . or any other officer or minister of the King shall be firmly sworn that they shall not ordain name, or make justice of peace, sheriff . . . nor other officer or minister of the King for any gift or brocage, favour or affection: nor that none that pursueth by him or by other privily or openly to be in any manner of office shall be put in the same office or in any other; but that they make all such officers and ministers of the best and most lawful men, and sufficient to their estimation and knowledge.Officia magistratus non debent esse venalia, (The offices of a magistrate ought not to be saleable.)L...
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