Same Subject Matter - Law Dictionary Search Results
Expressum facit cessare tacitum
See Broom's Max. Where a deed contains express covenants, no implication of any other covenants on the same subject-matter can be raised, Nokes's Case, (1599) 4 Rep 80 b; Stephens v. Junior Army and Navy Stores, (1914)
Concurrent jurisdictions
Concurrent jurisdictions, the jurisdiction of several different tribunals, both authorized to deal with the same subject-matter at the choice of the suitor. Inequity, the jurisdiction was concurrent where no complete relief was obtainable at
repugnancy
inconsistency between sections of a legal instrument (as a contract or statute) [if two acts which cover the same subject matter are repugnant…, the latter operates to the extent of the as a repeal of the former "In re
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In simili materia
In simili materia, dealing with the same or a kindred subject-matter.
Wear and Tear, Reasonable
of it. This expression commonly occurs in connection with leases, in which the lessee agrees to return the subject-matter of the lease at the end of the lease in the same state as it was at the
Misconduct
Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v.
jurisdiction
a binding judgment see also doing business statute, fair play and substantial justice, long-arm statute, minimum contacts compare subject matter jurisdiction in this entry NOTE: The U.S. Supreme Court has held in a series of decisions that the … cause of action of a case that allows the court to issue a binding judgment [housing court lacks subject matter jurisdiction to adjudicate fraudulent conveyance actions "National Law Journal"] compare personal jurisdiction in this entry NOTE: Diversity jurisdiction,
privity
a relationship to one of the parties or from having an interest identical to one in the original subject matter ;also : the condition or relationship of having such an interest [a party in ] see also predecessor … may be barred by res judicata or collateral estoppel if the plaintiff's interests are identical, by relationship or subject matter, to those of a party to a previous action in which the plaintiff did not participate but which
Personal property
In the case of real property there can be no such thing as an absolute ownership in the subject-matter, i.e., land; the utmost that any one, even an owner in fee simple, can have is an estate.
Damages
matters to be set up by a defendant by way of counter-claim, which must formerly have been the subject of a separate action; and, therefore, a defendant may in effect recover damages. See R.S.C., Ord. XXI., R. … Law Revision and Civil Procedure Act, 1883. See now Judicature Act, 1925, s. 36. The Judicature Acts allow matters to be set up by a defendant by way of counter-claim, which must formerly have been the subject
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