Recourse - Law Dictionary Search Results
Home Dictionary Name: recourse Page: 3Indemnity
Indemnity, a contract, express or implied, to keep a person harmless from loss which that person may incur by reason of some act, omission or event. It differs from a guarantee which requires a writing under s. 4 of the Statute of Frauds in that the latter guarantee contemplates the primary liability of a third person. as pointed out by Anson on Contracts, a form of indemnity may be illustrated by 'If you will supply goods to A. I will see you paid.' A guarantee, if 'A. does not pay you, I will.' There is, as a rule, a right of subrogation to all the remedies available to the person indemnified under an indemnity available to a person indemnifying-a guarantor has the right of subrogation as well as a right of recourse against the person guaranteed unless otherwise agreed. A great number of indem-nities are implied at Common Law or statute, and the contract extends to all the loss suffered and is not limited in amount as a contract to pay a sum of money is limited. As to implied indemni...
Dower
Dower [fr. dos, dotis, Lat., a marriage gift; dotare dower, Fr., endow, to furnish with a marriage portion. Dotarium, M. Lat., dotaire, Prov.; douaire, Fr.; a dowry of marriage provision; douairiere, a widow in possession of her portion, a dowager], the right which a wife has in the third part of the lands and tenements of which her husband dies possessed in fee-simple, fee-tail general, or as heir in special tail, which she holds from and after his decease, in severalty by metes and bounds, for her life, whether she have issue by her husband or not, and of what age soever she may be at her husband's decease, provided she be past the age of nine years.The legal estate in dower (being an estate for life) has been abolished and converted into an equitable interest (ibid.), (English) L.P. Act, 1925, s. 1; it can only arise in respect of deaths after 1925 in case the deceased husband was a lunatic or defective on January 1st, 1925, and died without regaining testamentary capacity or before...
Dominus litis
Dominus litis, 'dominus litis', that is, master of, or having dominion over, the case. He is the person who has carried and control of an action. In case of conflict of jurisdiction the choice ought to lie with the plaintiff to choose the forum best suited to him unless there be a rule of law excluding access to a forum of plaintiff's choice or permitting recourse to a forum will be opposed to public policy or will be an abuse of the process of law, Phannalal v. Kalawatibai, AIR 2002 SC 2572 (2580): (2002) 6 SCC 16. [M.P. Accomodation Central Act, 1961 (41 of 1961)]The controller of a suit or litigation; also an advocate who, after the death of his client, prosecuted a suit to sentence for the executor's use, Civil LawDominus litis, the plaintiff is dominus litis, that is, master of, or having dominion over the case, Dhannalal v. Kalawatibai, (2002) 6 SCC 16....
Claim in equity
Claim in equity. In simple cases, where there was not any great conflict as to facts, and a discovery from a defendant was not sought, but a reference to chambers was nevertheless necessary before final decree, which would be as of course, all parties being before the court, the summary proceeding by claim was sometimes adopted, thus obviating the recourse to plenary and protracted pleadings. This summary practice was created by Orders 22nd April, 1850, which came into operation on the 22nd May following. By Order VIII., Rule 4 of Consolid. Ord. 1860, claims were abolished....
Assize, or assise
Assize, or assise [fr. assideo, Lat., to sit together; whence assire, O. Fr., to set, assis, set, seated, sealed], anciently a statute or ordinance, e.g., Assize of Clarendon; also a jury, who sit together for the purpose of trying a cause, or rather a Court of jurisdiction which summons jury by a commission of assize to take the assizes. Hence the judicial assemblies, held by the king's commission in every county as well to take indictments as to try causes at Nisi Prius, are commonly termed the assizes. There are two commissions. (I.) General, which is issued twice a year to the judges being usually assigned to every circuit. See CIRCUITS. The judges have four several commissions: (1) of oyer and terminer, directed to them and many other gentlemen of the county, by which they are empowered to try treasons, felonies, etc. This is the largest commission. (2) Of gaol delivery, directed to the judges and the clerk of assize or associate, empowering them to try every prisoner in the gaol ...
Assise of darrein presentment
Assise of darrein presentment, or last presentation; it lay when a person, or his ancestors, under whom he claims, had presented a clerk to a benefice who was duly instituted, and afterwards, upon the next avoidance, a stranger presents a clerk, thus disturbing the right of the lawful patron; upon this, the patron issued this writ, directed to the sheriff to summon an assize or jury, to inquire who was the last patron that presented to the church now vacant, of which the plaintiff complains that he is deforced by the defendant, Termes de la Lay. It was, however, abolished, and recourse had to the action of quare impedit (3 & 4 Wm. 4, c. 27). But since the (English) C. L. P. Act, 1860, s. 26, quare impedit cannot be brought, an action in the King's Bench (formerly Common Pleas) Division of the High Court of Justice being substituted for it....
Analogy
Analogy, identity or similarity of proportion: where there is no precedent in point, in cases on the same subject, lawyers have recourse to cases in a different subject-matter but governed by the same general principle. This is reasoning by analogy. See COMMON LAW, and remark of Parko, J., in Mirehouse v. Rennell, (1830) 8 Bing. At p. 515....
Recurrence
The act of recurring or state of being recurrent return resort recourse...
Recourse
A coursing back or coursing again along the line of a previous coursing renewed course return retreat recurence...
endorsement
endorsement also in·dorse·ment n 1 : the act or process of endorsing 2 : an inscription (as a signature or notation) on a document or instrument ;esp : an inscription usually on the back of a negotiable instrument that transfers or guarantees the instrument blank endorsement : an endorsement (as a signature) of a negotiable instrument that does not name a transferee and that makes the instrument payable to bearer called also endorsement in blank qualified endorsement : an endorsement of a negotiable instrument with words (as “without recourse”) that limit or qualify the endorser's liability restrictive endorsement : an endorsement of a negotiable instrument with words (as “for deposit only”) that limit the further negotiation of the instrument NOTE: A restrictive endorsement does not prevent further negotiation of the instrument under the Uniform Commercial Code. spe·cial endorsement : an endorsement of a negotiable instrument with wo...
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