Performance - Law Dictionary Search Results
Home Dictionary Name: performance Page: 4 Page 4 of about 950 results (0.002 seconds)Promise
Promise, an engagement for the performance or non-performance of some particular thing, which may be made either by deed, or without deed, when it is said to be by parol; 'promise' is usually applied when the engagement is by parol only, for a promise by deed is technically called a covenant. See CONTRACT.A simple promise, i.e., a promise not under seal, made voluntarily and without a legal consideration, is not binding either at law or inequity; see Re Whitaker, (1889) 42 Ch D 119; Tweddle v. Atkinson, (1861) 1 B&S 393.Means an undertaking by one man with another for the performance or non-performance of some particular thing, A Verbal Covenant, Shratya Begum v. Hamid Ali Khan, 1947 All WR CC 268....
Theatre
Theatre, a place kept for the public performance of stage-plays (see STAGE-PLAY), which expression includes 'every tragedy, comedy, farce, opera, burletta, interlude, pantomine, or other entertain-ment of the stage.' By the Theatres Act, 1843 (6 & 7 Vict. c. 68), such a place may not be had or kept without a licence from the Lord Chanberlain of the Household of the sovereign in the metropolis, and from the justices of the peace elsewhere, s. 2 of the Act enacting that:-2. It shall not be lawful for any person to have or keep any house or other place of public resort in Great Britain, for the public performance of stage plays, without authority by virtue of letters-patent from Her Majesty, her heirs and successors, or predecessors, or without licence from the Lord Chamberlain of Her Majesty's household for the time being, or from the justices of the peace as hereinafter provided; and every person who shall offend against this enactment shall be liable to forfeit such sum as shall be awa...
mandamus
mandamus [Latin, we enjoin, from mandare to enjoin] : an extraordinary writ issued by a court of competent jurisdiction to an inferior tribunal, a public official, an administrative agency, a corporation, or any person compelling the performance of an act usually only when there is a duty under the law to perform the act, the plaintiff has a clear right to such performance, and there is no other adequate remedy available ;also : an action in the nature of a writ of mandamus in jurisdictions where the writ is abolished compare cease-and-desist order at order, injunction, stay NOTE: Mandamus is an extraordinary remedy and is issued usually only to command the performance of a ministerial act. It cannot be used to substitute the court's judgment for the defendant's in the performance of a discretionary act. mandamus vb ...
bond
bond 1 a : a usually formal written agreement by which a person undertakes to perform a certain act (as appear in court or fulfill the obligations of a contract) or abstain from performing an act (as committing a crime) with the condition that failure to perform or abstain will obligate the person or often a surety to pay a sum of money or will result in the forfeiture of money put up by the person or surety ;also : the money put up NOTE: The purpose of a bond is to provide an incentive for the fulfillment of an obligation. It also provides reassurance that the obligation will be fulfilled and that compensation is available if it is not fulfilled. In most cases a surety is involved, and the bond makes the surety responsible for the consequences of the obligated person's behavior. Some bonds, such as fidelity bonds, function as insurance agreements, in which the surety promises to pay for financial loss caused by the bad behavior of an obligated person or by some contingency over w...
Bond
Bond [fr. binda, band, bunden, A. S., to bind], a written acknowledgement or binding of a debt under seal. See DEED. No technical form of words is necessary to constitute a bond; see Gerrard v. Clowes, (1892) 2 QB 11; Strickland v. Williams, (1899) 1 QB 382. The person giving the bond is called the obligor, and he to whom it is given the obligee. A bond is called single (simplex obligatio) when it is without a penalty, but there is generally a condition added, that, if the obligor does or forbears from some act, the obligation shall be void, or else shall remain in full force, and the bond is then called a double or conditional one; see Dav. Prec. Vol. V., pt. Ii., p. 268. When a bond contains a penalty, which is generally double the amount of the principal sum secured, only the sum actually owing, with interest, can be recovered, and in no case can this exceed the amount appearing on the face of the bond. See 8 & 9 Wm. 3, c. 11, s. 8; Re Dixon, (1900) 2 Ch 561.Although it is unnecessa...
Damages
Damages, constitute the sum of money claimed or adjudged to be paid in compensation for loss or injury sustained, the value estimated in money, of something lost or withheld, Divisional Controller K.S.R.T.C. v. Mahadeva Shetty, (2003) 7 SCC 197 (202).The expression 'damages' is neither vague nor over-wide. It has more than one signification but the precise import in a given context is not difficult to discern. A plurality of variants stemming out of a core concept is seen in such words as actual damages, civil damages, compensatory damages, consequential damages, contingent damages, continuing damages, double damages, excessive damages, exemplary damages, general damages, irreparable damages, pecuniary damages, prospective damages, special damages, speculative damages, substantial damages, unliquidated damages. But the essentials are (a) detriment to one by the wrongdoing of another, (b) reparation awarded to the injured through legal remedies, and (c) its quantum being determined by t...
Ulthural servants
Ulthural servants, the duties of Ulthural servants relate mainly to the performance of poojas, rituals and other services to the deity, the recitation of mantras, vedas, prabandas, thevarams and similar invocations and the performance of duties con-nected with such performance and recitations, H.S. Holiness S.P.E.R. Jeeyar Swami v. State of Tamil Nadu, AIR 1972 SC 1586 (1588)....
Gold
Gold. As to the duty of the Bank of England under the Coinage Act, 1870 (33 & 34 Vict. c. 10), s. 8, to coin gold bullion for any person bringing the same for that purpose, which was suspended by the Gold Standard Act, 1925 (15 & 16 Geo. 5, c. 29); and the Bank's duty during the period of suspense, to sell gold bullion in bars containing approximately 400 ounces troy of fine gold to any purchaser paying '3 17s. 10'd. per ounce troy of fine gold, see those Acts, and CURRENCY ACT. The right to purchase gold provided by the Act of 1925 was suspended by the Gold Standard (Amendment) Act, 1931 (21 & 22 Geo. 5, c. 46) (see BULLION). As to standards and marking of gold plate and gold ware, see Safford, 'Law of Merchandise Acts.'A promise to repay a loan or other obligation in terms of 'gold' depends for its performance on the law of the country governing the performance at the time of performance, see Feist v. Societe Inter-communale Belge d' Electricite, 1934, AC 161.It includes gold in the ...
Common employment
Common employment. The general rule that a master is liable for damage caused by the negligence of his servant has the exception that where the person injured is the fellow-servant of and engaged in common employment with the person whose negligence causes the injury, the master is not liable in an action at Common law. The principle upon which the exception rests is that 'a servant who engages for the performance of services for compensation does as an implied part of the contract take upon himself, as between himself and his master, the natural risks and perils incident to the performance of such services; the presumption of law being that the compensation was adjusted accordingly, or, in other words, that these risks are considered in the wages' [per Balckburn, J., Morgan v. Vale of Neath R. Co., (1864) 5 B&S 578]. For review of cases, see Bray, J., in Cribb v. Kynoch, Ltd., (1907) 2 KB 548. The doctrine applies in spite of difference in rank or grade between the two servants, e.g.,...
tender
tender 1 a : an act or instance of tendering b : an unconditional offer of payment or performance (as in discharge of an obligation) that is coupled with a manifestation of willingness and ability to follow through (as by producing a check) c : tender of delivery [sufficient ] 2 : something offered in payment or performance ;specif : money [the proper amount of required] see also legal tender vb [Anglo-French tendre to offer, propose for acceptance, literally, to stretch, hold out, from Old French, from Latin tendere] vt 1 a : to make a tender of [ goods] [ delivery] [ payment] [ performance] b : to offer as an amount in settlement of a claim by an injured party against an insured NOTE: An insurance company might be obligated to tender the limits of a policy to an injured party when a higher amount is likely to be awarded at trial. 2 : to extend for acceptance or consideration (as in proof of something) esp. in a proceeding [ a plea to the court] [ an issue] 3 : to offer...
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