Presume - Law Dictionary Search Results
Home Dictionary Name: presume Page: 5 Page 5 of about 159 results ( seconds)Negotiorum gestor
Negotiorum gestor, a person who spontaneously, and without the knowledge or consent of the owner, intermeddles with his property, as to do work on it, or to carry it to another place, etc.In cases of this sort, as he acts wholly without authority, there can, strictly speaking, be no contract. But the Roman Law raised a quasi mandate, by implication, for the benefit of the owner in many of such cases. Nor is an implication of this sort wholly unknown to the Common Law, where there has been a subsequent ratification of the acts by the owner; and sometimes where unauthorized acts are done, positive presumptions are made bylaw for the benefit of particular parties. thus, if a stranger enter upon a minor'' lands and take the profits, the law will, in many cases oblige him to account to them in or for the profits as his bailiff; for it will be presumed that he entered to take them in trust for the infant, See Wall v. Stanwick, (1887) 34 Ch D 763.As the negotiorum gestor interferes without an...
Nemo pr'sumitur alienam posteritatem su' pr'tulisse
Nemo pr'sumitur alienam posteritatem su' pr'tulisse. Wing 285, (No one is presumed to prefer the posterity of another to his own.)...
Novatio non pr'sumitur
Novatio non pr'sumitur, (A novation is not presumed.)...
Non-access
Non-access. When a husband could not, in the course of nature, by reason of his absence, have been the father of his wife's child, the child is a bastard.Access is presumed during wedlock; but this presumption may be countered by proof of circumstances showing that sexual intercourse did not take place within such a time that the husband could be the father. As to what is such a time, see GESTATION. As to the admissibility of evidence by husband or wife of non-access, see ACCESS....
Notice
Notice, the making something known to a person of which he was or might be ignorant. Notice is either (1) statutory; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. [S. 154, I.P.C. and Art. 61(2)(a) const. 56 Indian Evidence Act]Constructive notice may be subdivided into: (a) where the facts of which actual evidence is supplied give rise to a further enquiry which a man exercising ordinary caution would make equity has added constructive notice of the facts, which that inquiry would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of avoiding notice. See CONSTRUCTIVE NOTICE.A purchaser with notice may protect himself by purchasing the title of another bona fide purchaser for a valuable consideration without notice; for, otherwise, ...
Nul tiel record, issue of
Nul tiel record, issue of, a traverse that there is no such record. This was the proper form of issue whenever a question arose as to what had judicially taken place in a superior Court of record; for the law presumes that, if it took place, there will remain a record of the proceeding, 3 B. & C. 449....
Nullum iniquum est presumendum in jure
Nullum iniquum est presumendum in jure [Lat.], no iniquity is to be presumed in law....
Minor minorem custodire non debet; alios enim prasumitur male regere qui sepisum regere nescit
Minor minorem custodire non debet; alios enim prasumitur male regere qui sepisum regere nescit [Lat.], a minor cannot be guardian to a minor, for he is presumed to direct others badly who knows not how to direct himself....
Odiosa et inhonestanonsunt in lege pr'sumenda; et in facto quod inse habet et bonum et malum, magis de bono quam de malo pr'sumendum est
Odiosa et inhonestanonsunt in lege pr'sumenda; et in facto quod inse habet et bonum et malum, magis de bono quam de malo pr'sumendum est. Co. Litt. 78, (Odious and dishonest things are not to be presumed in law; and in an act which partakes both of good and bad, the presumption should be done in favour of what is good than that is bad....
Misrepresentation
Misrepresentation, 'Misrepresentation' means and includes--(1) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;(2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him, by misleading another to his prejudice or to the prejudice of any one claiming under him;(3) causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement. [(English) Contract Act, 1872 (9 of 1872), s. 18)]Misrepresentation, i.e., suggestio falsi, if a matter of substance essentially material to the subject, whether by acts or bywords, by man'uvres, or by positive assertions or material concealment (suppressio veri) whereby a person is misled and damnified.In equity it is immaterial whether the misrepresent or knew the matter to be false, or asserted it, wi...
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