Persons Lawfully Employed - Law Dictionary Search Results
Home Dictionary Name: persons lawfully employed Page: 3Drunkenness
Drunkenness, intoxication with strong liquor; habit-ual inebriety. A contract made by a person when so drunk as to be unable to understand what he is doing is voidable if the person with whom the contract was made was aware of the fact, but it is not void, and may be ratified when he becomes sober, Matthews v. Baxter, (1873) LR 8 Ex 132. Mere drunknness was punishable by statutes 4 Jac. 1, c. 5, and 21 Jac. 1, c. 7, ss. 1, 3, by a fine of five shillings and confinement in the stocks in default of distress. Under the Licensing Act, 1872 (35 & 36 Vict. c. 94), which repeals various previous enactments, drunkenness in a public place or licensed house is punishable by fine (s. 12). Disorderly drunkenness is punishable by fine or imprisonment, and refusal by drunken persons to quit licensed premises is punishable by fine. [(English) Licensing Consolidation Act, 1910, s. 80]The 1st s. of the (English) Licensing Act, 1902 (2 Edw. 7, c. 28), enacts that--If a person is found drunk in any highw...
Army (UK)
Army (UK) [fr. armee, Fr.], the military force of a country. From1689 to 1879, the army was regulated by Annual Mutiny Acts usually expiring in April, and by the 'Articles of War' which those Acts empowered the sovereign to make. In 1879 the Army Discipline Act (42 & 43 Vict. c. 33) consolidated the provisions of the Mutiny Act with the Articles of War. This Act having been amended by the Army Discipline and Regulation Annual Act, 1881, which substituted 'summary' for corporal punishment, and also by the Regulation of the Forces Act, 1881, a fairly complete military code is now contained in the 'Army Act, 1881' (44 & 45 Vict. c. 58), now styled the 'Army Act' simply, by virtue of s. 4 of the Army (Annual) Act, 1890.The Army Act requires to be annually renewed by an Act passed for that purpose called the 'Army (Annual) Act.' Such annual Act follows the precedent of the Mutiny Acts is reciting the illegality of a standing army in time of peace without consent of Parliament (as declared b...
Sale of Goods Act, 1893
Sale of Goods Act, 1893 (English) (56 & 57 Vict. c. 71), codifying the law of the sale of goods, in the same fashion as the law of bills of exchange, promissory notes, and cheques was codified (see CODE) by the Bills of Exchange Act, 1882, and the law of partnership by the (English) Partnership Act, 1890.The parts of the Act are:-I. Formation of the Contact, in which it is provided, amongst other things, that an infant or person by mental incapacity or drunkenness incompetentto contract must pay a reasonable price for 'necessaries' sold and delivered to him; that (re-enacting a part of the Statute of Frauds) a contract for the sale of goods of the value of 10l. or more is not enforceable unless the buyer accept and receive part, or give something in earnest to bind the contract, or 'unless some note or memorandum in writing of the contract be made and signed by the party to be charged or his agent in that behalf'; that a contract for the sale of specific goods which have perished witho...
Duty to report defective plant
Duty to report defective plant, where a self-employed person or an employee discovers any defect in any plant which he is required to use in the course of dock operations which he cannot rectify, he must, without unreasonable delay, report that defect to the person in control of that plant, or in the case of an employee, to his employer or the person in control of the plant, Halsbury's Laws of England (20), para 795, p. 646...
respondeat superior
respondeat superior [Medieval Latin, let the superior give answer] : a doctrine in tort law that makes a master liable for the wrong of a servant ;specif : the doctrine making an employer or principal liable for the wrong of an employee or agent if it was committed within the scope of employment or agency [to recover…upon a theory of respondeat superior, it is incumbent upon plaintiff to prove that the collision occurred while the driver was within the scope of his employment "Perdue v. Mitchell, 373 So. 2d 650 (1979)"] compare scope of employment vicarious liability at liability ...
Commercial establishment
Commercial establishment, in the definition of a Commercial Establishment in s. 2 cl. 3 of the U.P. Shops and Commercial Eastblishment Act, 1947, the clerical and other establishments of a factory to whom the provisions of the Factories Act, 1934, do not apply, are included in the connotation of that expression. It is true that the reference in the definition by which clerical and other establish-ments of factories are included is to the Factories Act of 1934, but by virtue of s. 8 of the General Clauses (1987 10 of 1897), it must be construed as a reference to the provisions of the Factories Act LXIII of 1948 which repealed the Factories Act of 1934 and re-enacted it. It is difficult to say that field workers who are employed in guiding, supervising and controlling the growth and supply of sugarcane to be used in the factory are employed either in the precincts of the factory or in the premises of the factory; and if these workers are not employed in a factory, the provisions of the F...
fellow-servant rule
fellow-servant rule : a common-law rule or doctrine in tort law: an employer is not liable for injuries inflicted on one employee by the fault of another employee during the course of his or her employment NOTE: This rule is no longer used in most jurisdictions as a result of federal and state workers' compensation statutes. ...
Respondeat superior
Respondeat superior, means 'let the superior give answer'. A doctrine in tort law that makes a master liable for the wrong of a servant; specific; the doctrine making an employer or principal liable for the wrong of an employee or agent if it was committed within the scope of employment or agency, Perdue v. Mitchell, 373 So 2d 650 (1979).Respondeat superior. 4 Inst. 114.--(Let the principal be held responsible.) The person directing an unlawful act to be done by his servant or agent is answerable as if he had done the act with his own hand, See Knott v. London County Council, (1934) 1 KB 126; VICARIOUS RESPONSIBILITY....
Messenger
Messenger, one who carries an errand; a forerunner.Messengers are certain officers employed under the direction of the Secretaries of State, and always ready to be sent with dispatches, foreign and domestic (now called King's Messengers). They were employed with the secretaries' warrants to arrest persons for treason, or other offences against the State, which did not so properly fall under the cognizance of the Common Law, and, perhaps, were not properly to be divulged in the ordinary course of justice, 2 Hawk. P.C., c. xvi., s. 9.There are other officers distinguished by this appellation, as the messengers of the Lord Chancellor, Privy Council, and Exchequer, etc. Also, in bankruptcy, persons officially appointed who seize a bankrupt's property. The office of messenger of the Great Seal was abolished by 37 & 38 Vict. c. 81...
Implied contract
Implied contract. A contract which the law infers, from acts, circumstances, or relationships, as that an employer will pay the person employed what his labour was worth; or, as in Francis v. Cockrell, (1870) LR 5 QB 501, that a public platform provided for payment may be used with safety; or that a mesne landlord whose ground-rent has been paid by a sub-tenant to avoid distress will reimburse the sub-tenant. The implied contracts which the law infers are very numerous. See Chitty, Addison, or Leake on Contracts; LANDLORD AND TENANT....
- << Prev.
- Next >>