Security Agreement - Law Dictionary Search Results
Home Dictionary Name: security agreement Page: 4 Page 4 of about 64 results (0.003 seconds)performance
performance 1 : work done in employment [unsatisfactory ] 2 a : what is required to be performed in fulfillment of a contract, promise, or obligation [substituted a new in novation of the contract] b : the fulfillment of a contract, promise, or obligation part performance 1 : partial performance of a contract, promise, or obligation 2 : a doctrine which provides an exception to the Statute of Frauds requirement that a contract be in writing by treating partial performance and the acceptance of it by the other party as evidence of an enforceable contract compare partial breach at breach spe·cif·ic performance 1 : the complete or exact fulfillment of the terms of a contract, promise, or obligation 2 : an equitable remedy that requires a party to fulfill the exact terms of a contract, promise, obligation, or decree mandating a remedy and that is used when legal remedies (as damages) are inadequate [the common law prohibition against specific performance as a remedy for...
derivative
derivative : a contract or security that derives its value from that of an underlying asset (as another security) or from the value of a rate (as of interest or currency exchange) or index of asset value (as a stock index) NOTE: Derivatives often take the form of customized contracts transacted outside of security exchanges, while other contracts, such as standard index options and futures, are openly traded on such exchanges. Derivatives often involve a forward contract. adj 1 : arising out of or dependent on the existence of something else compare direct 2 : of, relating to, or being a derivative [a transaction] de·riv·a·tive·ly adv ...
good
good bet·ter best 1 : commercially sound or reliable [a risk] 2 a : valid or effectual under the law b : free of defects 3 a : characterized by honesty and fairness b : conforming to a standard of virtue [shall hold their offices during behavior "U.S. Constitution art. III"] ;also : characterized by or relating to good behavior n 1 : advancement of prosperity and well-being [for the of the community] 2 : an item of tangible movable personal property having value but usually excluding money, securities, and negotiable instruments usually used in pl. : as a pl : all things under section 2-105 of the Uniform Commercial Code that are movable at the time of identification to the contract for sale other than the money that is to be paid, investment securities, and choses in action b pl : all things under section 9-104 of the Uniform Commercial Code that are movable at the time that a security interest in them attaches or that are fixtures but excluding money, documents,...
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...
Possessory lien
Possessory lien. A possessory lien arises at common law from an agreement express or implied. As a rule it is immaterial how possession is obtained, Robbins v. Gray, (1895) 2 QB 501; Keene v. Thomas, (1905) 1 KB 136. The lien can be extinguished by tender of the amount due and may be lost by waiver express or implied, and also only continues so long as actual possession is retained. See LIEN....
Security
Security, is anything that makes the money more assured in its payment or more readily recoverable as distinguished from e.g. a mere IOU which is only evidence of a debt. The word is not confined to a document which gives a charge on specific pro-perty but includes personal securities for money, Chetumal v. Noorbhoy, AIR 1928 Sind 89: 107 IC 213.Security, it may range from a mere personal bond or promissory note or guarantee, or even a mere pledge of something of no intrinsic value, to a mortgage of property from out of which the money can be realised, AIR 1963 Ker 128 (134). (T.P. Act, 1882, s. 134)Means 'a mortgage, charge, pledge, bond, deben-ture, indemnity, guarantee, bill, not or other right provided by the debtor....or at his request......to secure the carrying out of the obligations of the debtor....under the agreement, Wilson v. First Country Trust Ltd., (2001) LR 407 (QB). [Consumer Credit Act, 1974 (C39), ss. 189(1)]Means an instrument which guarantees the certainty of some ...
Copyhold
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
Warrant of Attorney
Warrant of Attorney, a written authority addressed to one or more solicitors to appear for the party executing it, and receive a statement of claim for him in an action at the suit of a person therein mentioned, and thereupon to confess the same, or to suffer judgment to pass by default and to permit judgment to be entered up against him. The practice of giving warrants of attorney is seldon resorted to. A warrant of attorney may be executed as a security for the performance of any agreement between the parties; but it does not extinguish an original debt, or affect the right to sue upon it, unless judgment has been signed, for until this is done it is merely a collateral security. It is usual to make the warrant subject to be defeated on the performance of certain conditions, and when this is the case, they are set forth in an agreement hence called the defeasance.The Debtors Act, 1869, contains various provisions in regard to warrants of attorney, e.g., they must be executed in the p...
Recruitment
Recruitment, 'recruitment' according to the dictionary means 'enlist'. It is a comprehensive term and includes any method provided for inducting a person in public service. Appointment, selection, promotion, deputation are all well-known methods of recruitment. Even appointment by transfer is not unknown, K. Narayanan v. State of Karnataka, AIR 1994 SC 55: (1994) Supp 1 SCC 44.The term 'recruitment' connotes and clearly signifies enlistment, acceptance, selection or approval for appointment. Certainly, this is not actual appointment or posting in service. In contradistinction the word 'appointment' means an actual act of posting a person to a particular office, Prafulla Kumar Swain v. Prakash Chandra Misra, (1993) Supp 3 SCC 181.It includes entering into any agreement or other arrangement for recruitment and all its grammatical variations and cognate expressions shall be construed accordingly. [Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, ...
Bought and Sold Notes
Bought and Sold Notes. It is no longer the custom for brokers who have succeeded in making a contract to make any entry in their books save for their own private information, and it is now almost the universal practice to regard the bought and sold notes as the proper evidence of the contract. The broker sends to the seller a 'sold note' and to the buyer a 'bought note,' these being now the usual terms, though formerly their use was sometimes the converse. When each note discloses the name of both parties to the transaction, each is a complete memorandum of the bargain. When each note only discloses the name of one party, the two may be treated as one memorandum. The bought and sold notes are deemed to constitute a single document, and if they differ materially they are nullities unless one has been assented to by the parties as containing the terms of the contract.Every contract note for or relating to the sale or purchase of any stock or marketable security must be stamped when the v...
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