Repudiation - Law Dictionary Search Results
Home Dictionary Name: repudiation Page: 2 Page 2 of about 26 results ( seconds)Repudiable
Admitting of repudiation fit or proper to be put away...
Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
Rescission
Rescission, annulment or destruction. A general term for the repudiation and annulment of any contract or transaction: see (English) Sale of Goods Act, 1893. A contract for the sale of real estate very commonly contains a power for the vendor to rescind the contract if the purchaser makes or insists upon any objection or requisition which the vendor is unable or unwilling to comply with; but see ss. 42 and 45 of the Law of Property Act, 1925, precluding the vendor from rescinding in certain cases, and this facility will not assist the vendor in case of a serious defect in title or substantial mis-representation, see Re Hardick Co. v. Lipski, (1901) 2 Ch 666. Where a purchaser rescinds under a power in the contract he has a lien for his deposit, Whitbread & Co. v. Watt, (1902) 1 Ch 835, but before 1926 the purchaser in the absence of mis-representation was precluded from recovering his deposit if he chose to rescind upon an objection which he was precluded by statute from taking under a...
Revoke
Revoke, carries within the idea of cancellation by the same power which originally acted and not to setting aside of an original order by higher forum of power or jurisdiction. It does not mean repudiation, Corpus Juris Secundum, 1952 Edn., Vol. 77.Means an act of recalling or calling back, the act by which one having the right annuls something pre-viously done, Webster's Third New International Dictionary.Means the recall of some authority or thing granted or a destroying or making void of some deed that had existence until the act of revocation made it void, Black's Law Dictionary....
Readjuster
One who or that which readjusts in some of the States of the United States one who advocates a refunding and sometimes a partial repudiation of the State debt without the consent of the States creditors...
Argument
Argument, in reasoning, Locke observes that men ordinarily use four sorts of arguments. The first is to allege the opinions of men, whose parts and learning, eminency, power, or some other cause, have gained a name, and settled their reputation in the common esteem, with some kind of authority; this may be called argumentum ad verecundiam. The second is to require the adversary to admit what they allege as a proof, or to require a better; this he calls argumentum ad ignorantiam. The third is to press a man with consequences drawn from his own principles, concessions, or actions; this is known by the name of argumentum ad hominem. The fourth the using proofs drawn from any of the foundations of knowledge or probability; this he calls argumentum ad judicium, and he observes that it is the only one of all the four that brings true instruction with it, and advances us in our way to knowledge.Means a statement that attempts to persuade, especially, the remarks of counsel in analysing and po...
Sale of Goods Act, 1893
Sale of Goods Act, 1893 (English) (56 & 57 Vict. c. 71), codifying the law of the sale of goods, in the same fashion as the law of bills of exchange, promissory notes, and cheques was codified (see CODE) by the Bills of Exchange Act, 1882, and the law of partnership by the (English) Partnership Act, 1890.The parts of the Act are:-I. Formation of the Contact, in which it is provided, amongst other things, that an infant or person by mental incapacity or drunkenness incompetentto contract must pay a reasonable price for 'necessaries' sold and delivered to him; that (re-enacting a part of the Statute of Frauds) a contract for the sale of goods of the value of 10l. or more is not enforceable unless the buyer accept and receive part, or give something in earnest to bind the contract, or 'unless some note or memorandum in writing of the contract be made and signed by the party to be charged or his agent in that behalf'; that a contract for the sale of specific goods which have perished witho...
Hindu
Hindu, The historical and etymological genesis of the word 'Hindu' has given rise to a controversy amongst ideologists; but the view generally accepted by scholars appears to be that the word 'Hindu' is derived from the river Sindhu otherwise known as Indus which flows from the Punjab. 'That part of the great Aryan race', says Monier Williams, 'which immigrated from Central Asia, through the mountain passes into India, settled first in the districts near the river Sindhu (now called the Indus). The Persians pronounced this word Hindu and named their Aryan brethren Hindus. The Greeks, who probably gained their first ideas of India from the Persians, dropped the hard aspirate, and called the Hindus 'Indoi'. ('Hindulsm' by Monler Williams, p.1.)'. The Encyclopedia of Religion and Ethics, Vol. VI, has described 'Hinduism' as the title applied to that form of religion which prevails among the vast majority of the present population of the Indian Empire (p. 686). As Dr. Radhakrishnan has obs...
Deposit
Deposit, money paid to a person as an earnest or security for the performance of some contract, especially a contract for the sale of real estate. Also a naked bailment of goods to be kept for the bailor without recompense, and to be returned when the bailor shall require it. The appellation and the definition are both derived from the civil law. Depositum est quod custodiendum alicui datum est. It is, in the civil law, divisible into two kinds: (1) necessary, made upon some sudden emergency, and from some pressing necessity; as, for instance, in case of a fire, a shipwreck, or other overwhelming calamity, when property is confided to any person whom the depositor may meet without proper opportunity for reflection or choice, and thence it is called miserabile depositum; (2) voluntary, which arises from the mere consent and agreement of the parties. the Common Law has made no such division. There is another class of deposits, called involuntary, which may be without the assent or even k...
cover
cover 1 : insure [this policy s other family drivers] 2 : to give protection against or compensation or indemnification for [doesn't flood damage] vi : to obtain cover [where the seller anticipatorily repudiates a contract and the buyer does not "Cosden Oil & Chemical Co. v. Karl O. Helm AG, 736 F.2d 1064 (1984)"] n : purchase of goods in substitution for those originally contracted for when the seller fails to fulfill the contract [the buyer is always free to choose between and damages for nondelivery "Uniform Commercial Code"] ;also : the substituted goods NOTE: Under the Uniform Commercial Code, when a seller does not perform on a contract, the buyer has the option of covering, with the seller paying the difference between the cost of the cover and the original contract price, or seeking damages for nonperformance. Reselling is the seller's comparable remedy when a buyer does not perform under a contract. ...
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