Property Damage Liability - Law Dictionary Search Results
Consideration
to be binding on him, or (b) that he intends to divest himself of a beneficial interest in property. In its widest sense consideration is the price, motive or inducement for a promise or for a transfer … does not require any consideration to be enforceable at law by an action upon the covenant or by damages for breach or any other remedy or defence in law, but the claim is always open to any … for each party will have the rights and be subject to the liabilities of a seller as to what he gives and have the rights
Mortgage
a thing put into the hands of a creditor. A mortgage is the creation of an interest in property, defeasible (i.e., annullable) upon performing the condition of paying a given sum of money, with interest thereon, at … rents and profits, may sue for such possession, or such rents and profits, or to prevent or recover damage for any wrong thereto, in his own name only, (English) Jud. Act, 1873, s. 25 (5) (now Jud. … the performance of an engagement which may give rise to a pecuniary liability. The transferor is called a mortgagor, the principal money an interest of
boot
that is of like kind but unequal in value NOTE: Under Internal Revenue Code section 1031, no tax liability results from an exchange solely of like-kind property used in a business or trade or held for investment. … boot [obsolete or dialect boot compensation, from Old English bōt advantage, compensation] : additional money or property received to make up the difference in an exchange of business or investment property that is of like
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Conversion and detinue
negligently loses or parts with possession he cannot get rid of his contractual liability to restore the bailor's property on the termination of the bailment and if he fails to do, he may be sued in detinue, … by the defendant, evidence by a refusal to deliver it upon demand and the redress claimed is not damages for the wrong but the return of the chattel or its value. If a bailee unlawfully or negligently
Animals
partridges, etc. see FER' NATUR' and GAME. Animals of the first or second class are ordinary subjects of property in this country. But there is no property in those of the third class until they are caught … animal, see MISCHIEVOUS ANIMAL. Dogs. As to injury by dogs and seizure of stray dogs, see DOG. Malicious Damage. By the Malicious Damage Act, 1861, s. 40, the unlawful and malicious killing, maiming, or wounding of cattle … the third class until they are caught or reclaimed. As to the liability of the owner for mischief done by a wild beast, or by
conversion
of changing from one form or use to another b : the act of exchanging one kind of property for another ;esp : the act of exchanging preferred stocks or bonds for shares of common stock of … of equitable title in and owner of the real property, having the rights and being subject to the liabilities that attend that status. In the case of a will in which a property owner authorizes the sale
Highways
of others, Harrison v. Duke of Rutland, (1893) 1 QB 142. Where cattle or horses do damage to property adjoining a highway on which they are being lawfully driven, the owner of such cattle and horses is … cattle straying on highways, see the Highways Act, 1864 (27 & 28 Vict. c. 101), s. 25. The liability to keep highways in repair (in whatever manner they may happen to have first originated) is of common
Master and servant
applies to claims based on the negligence of a fellow-servant in the provision or maintenance of plant and property used in the master's business, see Fanton v. Denville, (1932) 2 KB 309. The Workmen's Compensation Acts provide … away in breach of his contract of service, or by some other wrongful act, is liable for the damage thus occasioned to the master. A master is liable civilly for torts committed by his servant in the … but not for any wilful misfeasance of the servant. To this general liability the Common Law, as laid down in Priestly v. Fowler, (1837) 3
loss
death, injury, destruction, or damage) in such a manner as to create liability in the insurer under the terms of the policy NOTE: As a … result of an act or event actual total loss : a loss in marine insurance in which the property (as a vessel or cargo) cannot be repaired or recovered compare constructive total loss in this entry capital … loss 1 : physical, emotional, or esp. economic harm or damage sustained: as a : decrease in value, capital, or amount compare gain b : an amount by which
Encumbrance
upon property or claim or lien upon an estate or on the land. 'Encumber' means burden of legal liability on property, and, therefore, when there is encumbrance on a land, it constitutes a burden on the title … (1955) 1 SCR 1311. [Land Acquisition Act, (10 of 1894), s. 16] Means a burden of charge upon property, Magaram v. B.O.R., AIR 1990 Raj 90. encumbrance means a burden or charge upon property or claim or
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