Performing Right - Law Dictionary Search Results
Home Dictionary Name: performing right Page: 2contract
contract [Latin contractus from contrahere to draw together, enter into (a relationship or agreement), from com- with, together + trahere to draw] 1 : an agreement between two or more parties that creates in each party a duty to do or not do something and a right to performance of the other's duty or a remedy for the breach of the other's duty ;also : a document embodying such an agreement see also accept, bargain, breach, cause, consent, consideration, duty, meeting of the minds, obligation, offer, performance, promise, rescind, social contract, subcontract Uniform Commercial Code in the Important Laws section NOTE: Contracts must be made by parties with the necessary capacity (as age or mental soundness) and must have a lawful, not criminal, object. Except in Louisiana, a valid contract also requires consideration, mutuality of obligations, and a meeting of the minds. In Louisiana, a valid contract requires the consent of the parties and a cause for the contract in addition to c...
Mandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
Run with the land-Run with the reversion
Run with the land-Run with the reversion. A covenant is said to 'run with the land,' either leased or conveyed in fee, when either the liability to perform it, or the right to take advantage of it, passes to the assignee of that land. A covenant is said to 'run with the reversion' to land leased when either the liability to perform it, or the right to take advantage of it, passes to the assignee of that reversion. Consult Spencer's case, (1583) 1 Sm LC 1, where a list of the covenants running with the land and not so running is given; and see, too, Woodfall, L & T.; Dyson v. Forster, 1909 AC 98.The benefit of a covenant made after 1925 running with the land is to be deemed to be made with the covenantee, his successors in title and the persons deriving title under him or them; and in connection with restrictive covenants, 'successors in title' includes owners and occupiers for the time being of the land intended to be benefited (Law of Property Act, 1925, s. 78). S. 58 of the Conveyanc...
Pawn or Pledge
Pawn or Pledge [fr. pignus, Lat.], a bailment of goods by a debtor to his creditor, to be kept till the debt is discharged.A mortgage of goods is in the Common Law distinguishable from a mere pledge or pawn. By a mortgage the whole legal title passes conditionally to the mortgagee; and if the goods be not redeemed at the stipulated time, the title becomes absolute at law although equity allows a redemption. But in a pledge, a special property only passes to the pledgee, the general property remaining in the pledgor. Also, in the case of a pledge, the right of a pledgee is not consummated, except by possession; and, ordinarily, when that possession is relinquished, the right of the pledgee is extinguished or waived. But, in the case of a mortgage of personal property the right of property passes by the conveyance to the mortgagee, and the possession is not or may not be essential to create or support the title.As to things which may be the subject of pawn: These are, ordinarily, goods a...
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 ...
Performance
Performance, in relation to performer's right, means any visual or acoustic presentation made live by one or more performers. [Copyright Act, 1957 (14 of 1957), s. 2 (q)]Means 'musical, dramatic or other entertainment' playing of music in any and every case will not amount to musical performance, Hotel Deepa v. State of Maharashtra, (1994) Bom Cr Cas 153....
Judicial
Judicial, 'judicial' extends 'to the acts and orders of a competent authority which has power to impose a liability or to give a decision which determines the rights or property of the affected parties'. 'Judicial' embraces even the acts of special tribunals which though administrative in character perform func-tions resembling those of Courts, Bhailal Jagadish v. Additional Deputy Commissioner, AIR 1953 Nag 89.Judicial, does not necessarily mean acts of a Judge or Legal Tribunal sitting for the determination of matters of law, but for the purpose of this question a judicial act seems to be an act done by a competent authority, upon consideration of facts and circumstances and imposing liability or affecting the rights of others, Regina John M'Evoy v. Dublin Corpn., (1878) 2 LR Ir 371.Has two meanings. It may refer to the discharge of duties exercisable by a Judge or by Justices in court or to administrative duties which need not be performed in court, but in respect of which it is nec...
title
title [Anglo-French, inscription, legal right, from Old French, from Latin titulum inscription, chapter heading, part of the law that sanctions an action] 1 a : the means or right by which one owns or possesses property ;broadly : the quality of ownership as determined by a body of facts and events after-acquired title : title that vests automatically in a grantee when acquired by a grantor who purported to sell the property before acquiring title ;also : a doctrine that requires such vesting compare estoppel by deed at estoppel NOTE: The doctrine of after-acquired title generally does not apply when the grantor receives title by quitclaim deed; to vest title in the grantee the deed must include words expressing such an intention. clear title : title that exists free of claims or encumbrances on the property [had clear title to the farm] ;broadly : marketable title in this entry equitable title : title vested in one who is considered by the application of equitable principl...
Advow, or Avow, or Avouch
Advow, or Avow, or Avouch [under the feudal system, when the right of a tenant was impugned, he had to call upon his lord to come forward and defend his right. This, in the Latin of the time, was called advocare, Fr. voucher a garantie, to vouch or call to warrant. As the calling the lord of the fee to defend the right of the tenant involved the admission of all the duties implied in feudal tenancy, it was an act jealously looked after by the lords, and advocare, or the equivalent, Fr. avouer, to avow, came to signify the admission by a tenant of a certain person as feudal superior. Finally, with some grammatical confusion, the words advocare, and avow or avouch, came to be used in the sense of performing the part of the vouchee, or person called on to defend the right impugned. Wedgw.], to justify or maintain an act, e.g., one distrains for rent, and he that is distrained brings an action of replevin; if the distrainer in his defence justify or maintain his act, he is said to advow or...
Real right
Real right, the right of property, jus in re. The per-son having such right may sue for the subject itself. A personal right, jus ad rem, entitles the party only to an action for performance of the obligation.,...
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