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Subjective Satisfaction - Law Dictionary Search Results

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Ship

Ship, the carriage of goods by Sea Act, 1925 (26 of 1925). [XXVI of 1925, Sch. Art. 1, Cl. (d)]Ship, means any vessel used for the carriage of goods by sea.A type of vessel used or intended to be used in navigation, Black's Law Dictionary, 7th Edn., p. 1382.In the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), by s. 742, 'includes every description of vessel used in navigation not propelled by oars.' [This definition has been adopted by the Workmen's Compensation Act, 1925 (15 & 16 Geo. 5, c. 34), s. 48(1)]'Foreign-going ship,' by the same s., 'includes every ship employed in trading, or going between some place or places in the United Kingdom, and some place or places situate beyond the following limits: that is to say, the coasts of the United Kingdom, the Channel Islands and the Isle of Man, and the continent of Europe, between the river Elbe and Brest inclusive'; and'Home-trade ship' includes 'every ship employed in trading or going' within the above limits; and'Home-trade pass...


Arrangements between debtors and creditors

Arrangements between debtors and creditors. The 125th and 126th sections of the (English) Bankruptcy Act, 1869, which repealed an Act of 1861, allowed liquidation by arrangement and composition with creditors by resolutions passed at similar representative meetings to take the place of proceedings in bankruptcy. The (English) Bankruptcy Act, 1883, having repealed the Act of 1869 without re-enacting these clauses, arrangements with creditors outside the law of bankruptcy became common, and in order to legalize and regulate these arrangements, the (English) Deeds of Arrangement Act, 1887, was passed and amended in 1890 by 53 & 54 Vict. c. 24. The law has now been consolidated by the (English) Deeds of Arrangement Act, 1914 (4 & 5 Geo. 5, c. 47), which repeals the Act of 1887, and also parts of the Bankruptcy and (English) Deeds of Arrangement Act, 1913, and contains practically the whole statute law on the subject. The Act is divided into five parts: (1) defining the deeds of arrangement...


Distress

Distress [fr. distringo, Lat., to bind fast; districtio, Med. Lat., whence distraindre, Fr.], a taking, without legal process, of a personal chattel from the possession of a wrong-doer into the hands of a party grieved, as a pledge for the redressing an injury, the performance of a duty, or the satisfaction of a demand.This remedy may be resorted to by a landlord for recovery of rent in arrear, by a rate collector or tax collector for recovery of rates or taxes, and by justices of the peace for the recovery of fines due on summary convictions.A distress may be made of common right for the rent payable by a tenant to a landlord, technically termed 'rent-service,' and by particular reservation, or under s. 121 of the (English) Law of Property Act, 1925, for rent-charges, and also for rents-seck since the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 5, which extended the same remedy to rents-seck, rents of assize, and chief-rents, and thereby in effect abolished all mater...


Double insurance

Double insurance takes place when the assured makes two or more insurances on the same subject, the same risk, and the same interest. The assured may recover the amount of his actual loss against any of the insurers, but nothing beyond this, and if he obtains full satisfaction from one of the assurers, the latter is entitled to contribution from the others. Excess of indemnity received by the assured is held by him in trust for the assurers. Double insurance is therefore entirely different from re-insurance, which is effected by the underwriter to secure himself from a loss. Double insurances are not prohibited by the law maritime unless fradulently made; see Arnould on Marine Insurance, 8th Edn. P. 430; the Marine Insurance Act, 1906, ss. 32, 80; Newby v. Reid, (1763) 1 W Bl 416.Double insurance is prohibited under the (English) National Health Insurance, Old Age, and Widows, etc., (English) Contributory Pensions Act, 1936....


Jointure

Jointure, strictly, a joint estate limited to husband and wife, but in common acceptation extended also to a sole estate limited to the wife only. To a legal jointure these four things were requisite:-The old rules were: (1) The jointure must take effect immediately on the death of the husband. (2) It must be for her own life at least, and not pur autre vie, or for any term of years, or for any smaller estate. (3) It must be made to herself, and no other in trust for her. (4) It must be made, and so in the deed particularly expressed to be, in satisfaction of the whole, and not of part of her dower. It may be made either before or after marriage; if made after marriage she may waive it, and claim her dower. 2 Bl. Com. 137.The (English) Statute of Jointures, 11 Hen. 7, c. 20, was repealed by 3 & 4 Wm. 4, c. 74, s. 17, except as to lands comprised in settlements made before the passing of this Act. See DOWER; and 20 Hen. 8, c. 10.Since estates for life are not legal estates now (English)...


Liable

Liable, means 'Bound or obliged in law or equity; responsible; chargeable; answerable; compellable to make satisfaction, compensation or restitution..... Obligated: accountable for or chargeable with. Condition of being bound to respond because a wrong has occurred. Condition out of which a legal liability might arise...... Justly or legally responsible or answerable, Black's Law Dictionary, 6th Edn.; see also Zunjarrao Bhikaji Nagarkar v. Union of India, (1999) 7 SCC 409.Means legally bound, subject to a for or penalty under an obligation, Concise Oxford Dictionary; see also Zunjarrao Bhikaji Nagar Kar v. Union of India, (1999) 7 SCC 409.The word 'liable' means a future possibility or probability happening which may or maynot actually occur, State v. Amru Tulsi Ram, AIR 1957 Punj 55.The word 'liable' occurring in many statutes, has been held as not conveying the sense of an absolute obligation or penalty but merely importing a possibility of attracting such obligation, or penalty, eve...


Wergild, Weregild, Weregildum

Wergild, Weregild, Weregildum [fr. wer, man, and geld, satisfaction, Ang.-Sax.], the price of homicide or other enormous offences, paid partly to the Crown for the loss of a subject, partly to the lord whose vassal he was, and partly to the party injured or the next of kin of the party slain. This is the earliest award of damages in our law, 4 Bl. Com. 188. Obsolete Saxon custom....


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