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Principal Contract - Law Dictionary Search Results

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Employer

Employer, means (i) a company; (ii) a firm; (iii) an association of persons or a body of individuals, whether incorporated or not, but excluding any fund or trust or institution eligible for exemption under clause (23C) of section 10 or registered under section 12AA; (iv) a local authority; and (v) every artificial judicial person, not falling within any of the preceding sub-clauses. [Income-tax Act, 1961 (43 of 1961), s. 115W(a)]Employer, means:A person who controls and direct a worker under an express or implied contract of hire and who pays the workers salary or wages, Black's Law Dictionary, 7th Edn.(a) in relation to contract labour, the principal employer, and(b) in relation to other labour, the person who has the ultimate control over the affairs of any establishment or who has, by reason of his advancing money, supplying goods or otherwise, a substantial interest in the control of the affairs of any establishment, and includes any other person to whom the affairs of the establi...


Through an agent

Through an agent, means where a contract is made by an agent, the latter purports to bind his principal, but where the contract is made through an agent, the meaning is that the terms of the contract are arranged through mediation of the agent, National Mortgage, etc. Ltd. v. Gosslin, etc., (1922) 38 TLR 832....


Broker

Broker [fr. broceur, Fr., a person who breaks into small pieces], (1) an agent employed to make bargains and contracts between other persons in matters of trade, commerce and navigation, by explaining the intentions of both parties, and negotiating in such a manner as to put those who employ him in a condition to treat together personally; (2) and, more commonly, an agent employed by one party only to make a binding contract with another.There are various sorts of brokers now employed in commercial affairs, whose transactions form, or may form, a distinct and independent business. Thus, for example, there are exchange and money-brokers, stock-brokers, ship-brokers, and insurance-brokers, who are respectively employed in buying and selling bills of exchange, or promissory notes, railway scrip, goods, stocks, ships, or cargoes; or in procuring freights or charter-parties. By custom or usage brokers may become personally liable on contracts made by them on behalf of principals where the p...


Multimodal transport operator

Multimodal transport operator, means any person who--(i) concludes a multimodal transport contract on his own behalf or through another person acting on his behalf.(ii) acts as principal, and not as an agent either of the consignor or of the carrier participating in the multimodal transportation, and who assumes responsibility for the performance of the said contract; and(iii) is registered under sub-s. (3) of s. 4. [Multimodal Transportation of Goods Act, 1993 (28 of 1993), s. 2 (m)]...


Necessaries

Necessaries, a relative term, not strictly limited to such things as are absolutely requisite for support and subsistence, but to be construed liberally, and varying with the state and degree, the rank, fortune, and age of the person to whom they are supplied, Wharton v. Mackenzie, (1845) 5 QB 606. It has often been held that an infant is bound to pay a reasonable price for such necessary things as relate to his maintenance and education--as food, lodging, apparel, medical attendance, schooling and instruction--unless credit be given solely to the parent, which is presumed to be the fact it if appears that the infant was placed at school or is supported by him: see Co. Litt. 172 a; Ryder v. Wombwell, (1868) LR 4 Ex. 32; Barnes v. Toye, (1884) 13 QBD 410; Roberts v. Gray, (1913)1 KB 520; and INFANT.Where 'necessaries,' that is, goods suitable to the condition in life' of an infant, 'and to his actual requirements at the time of the sale and delivery,' 'are sold and delivered to an infan...


Fide-jussor

Fide-jussor, a surety, or one that obliges himself in the same contract with a principal, for the greater security of the creditor or stipulator, Civ. Law.A guarantor; a person; who becomes bound to pay author's debt, Black's Law Dictionary, 7th Edn., p. 639....


Mandant

Mandant, the principal in the contract of mandate....


Authority

Authority, means the Coastal Aquaculture Authority established under sub-section (1) of section 4. [Coastal Aquaculture Authority Act, 2005 (24 of 2005), s. 2(a)]Means the right or permission to act legally on another's behalf; the power delegated by a principal to an agent e.g. authority to sign the contract, Black Law Dictionary, 7th Edn., p. 127.Means a right; an official or judicial command; also a legal power to do an act given by one man to another. Consult Vin. Abr., tit. 'Authority,' and Sugden on Powers, and see WARRANTY.Dictionary meaning of the word 'authority' is clearly wide enough to include all bodies created by a statute on which powers are conferred to carry out governmental or quasi-governmental functions, Som Prakash Rekki v. Union of India, (1981) 1 SCC 449, AIR 1981 SC 212 (229). (Constitution of India Art. 12)The meaning of the word 'authority' given in Webster's Third New International Dictionary, which can be applicable is 'a public administrative agency or corp...


Carrier

Carrier, in its general sense, a person who undertakes to transport the goods of other persons from one place to another for hire. It is not, however, every person who undertakes to carry goods for hire that is deemed a common carrier.A carrier of passengers is liable only for negligence and not as an insurer, Redhead v. Midland R. Co., (1869) LR 4 QB 379.To bring a person within the description of a common carrier, he must exercise it as a public employment; he must undertake to carry goods for persons generally; and he must hold himself out as ready to transport goods for hire, as a business, not as a casual occupation, pro hac vice.The two obligations of a common carrier of goods are (1) to carry for everybody, and (2) to answer for all things carried as an insurer, unless lost or injured by the act of God or the King's enemies.The second obligation, that of an insurer, is restricted by the (English) Carriers Act, 1830 (11 Geo. 4 & 1 Wm. 4, c. 68), which protects carriers from liabi...


To negotiate for sale

To negotiate for sale, the expression 'to negotiate for sale' in relation to the authority of an estate agent, has a definite legal connotation. He gets an authority to find a purchase, but he cannot bind the principal by entering into a contract of sale, Shanti Vijay and Co. v. Princess Fatima Fouzia AIR 1980 SC 17 (25): (1979) 4 SCC 602: (1980) 1 SCR 459....



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