Revocability - Law Dictionary Search Results
Home Dictionary Name: revocability Page: 3 Page 3 of about 63 results (0.002 seconds)ademption
ademption [Latin ademptio, from adimere to take away, from ad to + emere to buy, obtain] 1 : the revocation of a gift in a will inferred from the disposal (as by sale) of the property by the maker of the will before he or she dies 2 : the revocation of a gift in a will inferred from the maker's gift before his or her death of the same or similar property to the recipient named in the will compare advancement NOTE: Only gifts that are characterized as specific devises, bequests, or legacies are subject to ademption. ...
rejection
rejection : the act or an instance of rejecting: as a : a refusal to accept an offer b : a refusal to accept nonconforming goods as performance of a contract NOTE: Rejection and revocation are two remedies available to the buyer under the Uniform Commercial Code after the delivery of defective goods. Goods may be rejected if they do not conform to the contract. The rejection must be made within a reasonable period after delivery, before the goods have been accepted, and notice of the rejection must be given to the seller. Acceptance of the goods can be revoked if a defect substantially impairing their value to the buyer is discovered after acceptance, but such revocation must be made within a reasonable period after the buyer has discovered, or should have discovered, the defect. ...
Revocatory
Of or pertaining to revocation tending to or involving a revocation revoking recalling...
Charitable uses and trusts
Charitable uses and trusts. 9 Geo. 2, c. 26, commonly called 'The Mortmain Act,' 1735, after reciting that ifts or alienations of land in mortmain (see MORTMAIN) were prohibited by Magna Charta and other whole-some laws as prejudicial to the common utility, and that such public mischief had greatly increased by many large and improvident dispositions, made by languishing or dying persons to charitable uses, to take place after their deaths to the disherison of their lawful heirs, enacted that no lands or other hereditaments whatsoever, nor money, or personal estate to be laid out in land should be given to any person or bodies corporate, or charged by any person in trust, for any charitable uses, unless such gift, etc., should be made by deed (thus entirely excluding gifts by will) executed twelve months before the death of the donor and be enrolled in the court of Chancery within six calendar months after execution, and be without any power of revocation for the benefit of the donor.T...
Codicil
Codicil [fr. codicillus, Lat., a little book, tablet, or writing], a supplement to a will, containing anything which the testator wishes to add, or any explanation or revocation of what the will contains. It must be executed with the same formalities as a will under the (English) Wills Act, 1837 (1 Vict. c. 26), by s. 1 of which the term 'will' extends to a codicil, and must be proved with the will.Means an instrument made in relation to a Will, and explaining, altering or adding to its dispositions, and shall be deemed to form part of the Will. [Indian Succession Act, 1925 (39 of 1925), s. 2 (b)]...
Countermand
Countermand, the revocation of an act; where a thing done is afterwards, by some act or ceremony, made void by the person who did it, it is either express,or implied by law. No notice of trial may be countermanded except by consent or by leave of the Court or a judge, which leave may be given subject to such terms as to costs or otherwise as maybe just (R.S.C. 1883, Ord. XXXVI., r. 19). See NOTICE OF TRIAL....
Derogatory clause
Derogatory clause, a clause in a legal document by which the right of subsequently altering or cancelling it is abrogated, and the validity of a later document, doing this, is made dependent on the correct repetition of the clause and its formal revocation. Obsolete, Oxf. Dict. As to such a clause in a will, see Swinburne, Pt. VII., s. xiv. P. 977; Jarman on Wills, 6th Edn., p. 28....
Expedient
Expedient, In Words and Phrases (Permanent Edn.), Vol. 15A, Evidence-Eyewitness the word 'expedient' has been described as when used as an adjective as 'apt' and 'suitable to the end in view'; 'furthering, or adapted to further, what is purposed'; practical and efficient; as, an expedient change of policy; an expedient solution of a difficulty, hence, advantageous. The word 'expedient' occurring in the statute authorising modification, revocation under the circumstances would comprehend whatever is suitable and appropriate for any reason for the accomplishment of the specified object, Hotal Sea Civil v. State of West Bengal, (2002) 4 SCC 1(13).The word 'expedient' used in this provision, has several shades of meaning. In one dictionary sense, 'expedient' (adj.) means 'apt and suitable to the end in view', 'practical and efficient'; 'politic'; 'profitable'; 'advisable', 'fit, proper and suitable to the circumstances of the case'. In another shade, it means a device 'characterised by mer...
Frauds, Statute of
Frauds, Statute of, 29 Car. 2, c. 3 (A.D. 1676). This famous statute is said to have been famed by Sir Matthew Hale, Lord Keeper Guilford, and Sir Leoline Jenkins, an eminent civilian. Lord Nottingham used to say of it, that 'every line was worth a subsidy,' and it has been said that at all events the explanation of every line has cost a subsidy, no statute having been the subject of so much litigation. The statute, though it does not apply or have any Act corresponding to it in Scotland, was practically copied by the Irish Parliament in 7 Wm. 3, c. 12, applies generally to the British colonies, and, remarks Mr. Chancellor Kent (2 Com. 494, n. (d), 'carries its influence through the whole body of American juris-prudence, and is in many respects the most comprehensive, salutary, and important legislative regulation on record affecting the security of private rights.'The main object of the statute was to take away the facilities for fraud and the temptation to perjury which arose in verb...
Genuine use
Genuine use, where use is a mere sham, is formalis-tic or notional, where it is empty of substance and directed solely at avoiding revocation and does not serve to carve out an opening in the market for the goods and services to which it relates, that use does not constitute genuine use. Examination of the various language versions of the directive (the Dutch version uses the term 'normal', the French has 'usage serieux' the Portuguese, 'uso serio', the English 'genuine use', and the German, 'ernsthafte Benutzung'; the Italian uses the same adjective as the Spanish: 'effettivo') leades to the conclusion that the kind of use intended is what may be described as 'sufficient', Ansul BV v. Ajax Brandbeveiliging BV, (2004) 3 WLR 1048 (EC)...
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