Repair - Law Dictionary Search Results
Home Dictionary Name: repair Page: 4Reparation
Reparation, is taken to mean the making of amends by an offender to his victim, or to victims of crime generally, and may take the form of compensation, the performance of some service or the return of stolen property (restitution), these being types of reparation which might be described as practical or material. The term can also be used to describe more intangible outcomes, as where an offender makes an apology to a victim and provides some reassurance that the offence will not be repeated, thus repairing the psychological harm suffered by the victim as a result of the crime, State of Gujarat v. Hon'ble High Court of Gujarat, (1998) 7 SCC 392.Mean 'Payment for an injury or damage; redress for a wrong done, several states have adopted the Uniform Crime Victims Reparation Act, certain federal statutes also provide for reparation for violation of the Act; especially persons suffering losses because of violations of the Commodity Futures Trading Act may seek reparation under the Act aga...
Revendication
Revendication. Upon the sale of goods on credit, by the law of some commercial countries, a right is reserved to the vendor to retake them, or he has a lien upon them for the price, if unpaid: and in other countries he possesses a right of stoppage in transitu (q.v.) only in cases of insolvency of the vendee. The Roman law did not generally consider the transfer of property to be complete by sale and delivery alone without payment or security given for the price, unless the vendor agreed to give a general credit to the purchaser; but it allowed the vendor to reclaim the goods out of the possession of the purchaser, as being still his own property. Quod vendidi (say the Pandects), nobis aliter fit accipienlis, quam si aut pretium nobis solutum sit, aut satis to non datum, vel etiam fidem habuerimus emptori sine ulla satisfactione. The present code of France gives a privilege or right of revendication against the purchaser for the price of goods sold, so long as they remain in possession...
Lloyd's Register
Lloyd's Register, the abbreviated title of 'Lloyd's Register of British and Foreign Shipping,' published annually by Lloyd's Registry. The register contains an alphabetical list of all British ships, and such foreign ships as are classed in the Register, classified according to type, materials, state of repair, etc., the classification being indicated by letters and numerals. Ships intended for classification are built under the inspection of Lloyd's surveyors or in accordance with rules published by the Registry....
Lay Rector
Lay Rector. A person holding by title under lay impropriation (see that title). As to the lay rector's liability to repair, see Morley v. Leacroft, 1896, P. 92, and Stuart v. Haughley Parish Church Council, 104 LJ Ch 314, with the rights to contribution from other lay impropriators. As to any right to occupy a seat in the chancel of a church, see Stileman-Gibbard v. Wilkinson, (1897) 1 QB 749....
Land Commissioners
Land Commissioners, the title by the (English) Settled Land Act, 1882, s. 48, of the Commissioners formerly called 'The Copyhold Inclosure and Tithe Commissioners.' By s. 26 of that Act, a certificate of these Commissioners that an 'improvement' within that Act has been effected is, in the absence of an Order of the Court, an authority to trustees to pay for the improvement out of 'capital money,' and by s. 28 a tenant for life must maintain and repair an 'improvement' at his own expense during such period, if any, as the Commissioners by certificate in any case prescribe.All powers and duties of the Land Commissioners were transferred to the Board of Agriculture by the (English) Board of Agriculture Act, 1889 (52 & 53 Vict. c. 30)....
Joint-tenancy
Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...
Inevitable accident
Inevitable accident, that which cannot be avoided: used in leases together with fire or tempest as a cause of destruction of the demised premises excusing the payment of rent or an omission by the lessee to repair. The expression is also very commonly used in covenants for production of documents, exempting the covenator from liability in the event of destruction by fire or other inevitable accident; but as pointed out by Mr. Davidson, Prec. Of Convg., vol. ii., pt. 1. P. 665, it is not accurate, for such accidents are not ineitable, and 'insuperable' is the better term. The word 'inevitable,' however, is used in the L.P. Act, 1925, s. 64(9), relating to the effect of an undertaking for safe custody and acknowledgment of the right to production of documents.As to ordering particulars of a defence of 'inevitable accident,' see Rumbold v. L.C.C., (1909) 25 TLR 541....
Indemnity
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...
Highway rate
Highway rate, a tax for the maintenance and repair of highways, now forming part of the general rate; see the Rating and Valuation Acts, 1925-1932....
Housing of the working classes
Housing of the working classes. The Housing Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 51), replaces with amendments the Housing Acts, 1925, 1930 and 1935, and consolidates the general law on the subject with some exceptions, chiefly relating to agricultural populations and needs, which are also provided for in unrepeated portions of the Acts of 1930 and 1935. Very wide powers are conferred on local authorities over the ownership of land and housing properties, and populations within their districts, enabling those authorities to make bye-laws for houses occupied or adaptable for the working classes; to effect the clearance, demolition, rebuilding, redevelopment or improvement of houses either singly or in whole areas and other-wise regulating sites or houses; to prevent over-crowding, and generally making it incumbent on these authorities to review and provide for the housing conditions of the working classes, and in addition giving powers of compulsory expropria-tion of private owners fr...
- << Prev.
- Next >>