Substantial Performance - Law Dictionary Search Results
Home Dictionary Name: substantial performance Page: 2Damages
Damages, constitute the sum of money claimed or adjudged to be paid in compensation for loss or injury sustained, the value estimated in money, of something lost or withheld, Divisional Controller K.S.R.T.C. v. Mahadeva Shetty, (2003) 7 SCC 197 (202).The expression 'damages' is neither vague nor over-wide. It has more than one signification but the precise import in a given context is not difficult to discern. A plurality of variants stemming out of a core concept is seen in such words as actual damages, civil damages, compensatory damages, consequential damages, contingent damages, continuing damages, double damages, excessive damages, exemplary damages, general damages, irreparable damages, pecuniary damages, prospective damages, special damages, speculative damages, substantial damages, unliquidated damages. But the essentials are (a) detriment to one by the wrongdoing of another, (b) reparation awarded to the injured through legal remedies, and (c) its quantum being determined by t...
contract
contract [Latin contractus from contrahere to draw together, enter into (a relationship or agreement), from com- with, together + trahere to draw] 1 : an agreement between two or more parties that creates in each party a duty to do or not do something and a right to performance of the other's duty or a remedy for the breach of the other's duty ;also : a document embodying such an agreement see also accept, bargain, breach, cause, consent, consideration, duty, meeting of the minds, obligation, offer, performance, promise, rescind, social contract, subcontract Uniform Commercial Code in the Important Laws section NOTE: Contracts must be made by parties with the necessary capacity (as age or mental soundness) and must have a lawful, not criminal, object. Except in Louisiana, a valid contract also requires consideration, mutuality of obligations, and a meeting of the minds. In Louisiana, a valid contract requires the consent of the parties and a cause for the contract in addition to c...
Appropriate government
Appropriate government, means in relation to public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly--(i) by the Central Government or the Union Territory administration, the Central Government, (ii) by the State Government, the State Government [Right to Information Act, 2005 (22 of 2005), s. 2(a)]The Appropriate Government means, in relation to fees or stamp relating to documents presented or to be presented before any officer serving under the Central Government, that Government, and in relation to any other fees or stamps, the State Government. [Court-Fees Act, 1870 (7 of 1870), s. 1A]Means as respects any matter--(i) enumerated in List II of the Seventh Schedule to the Constitution. (ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution. [Information Technology Act, 2000 (21 of 2000), s. 2 (1) (e)]Means in relation to any major port the Central Government, an...
force
force 1 : a cause of motion, activity, or change intervening force : a force that acts after another's negligent act or omission has occurred and that causes injury to another : intervening cause at cause irresistible force : an unforeseeable event esp. that prevents performance of an obligation under a contract : force majeure 2 : a body of persons available for a particular end [the labor ] ;specif : police force usually used with the 3 : violence, compulsion, or constraint exerted upon or against a person or thing constructive force : the use of threats or intimidation for the purpose of gaining control over or preventing resistance from another dead·ly force : force that is intended to cause or that carries a substantial risk of causing death or serious bodily injury compare nondeadly force in this entry NOTE: As a general rule, deadly force may be used without incurring criminal or tort liability when one reasonably believes that one's life or safety is in da...
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. ...
Equity
Equity [fr. 'quitas, Lat.] There is some confusion as to the meaning of Equity; as a scheme of jurispru-dence distinct from Law 'Equity' is an equivocal term; the difficulty lies in drawing the dividing lines between the several senses in which it is used. They may be distinguished thus:-(1) Taken broadly and philosophically, Equity means to do to all men as we would they should do unto us-by the Justinian Pandects, honeste vivere, alterum non l'dere, suum cuique tribuere. It is clear that human tribunals cannot cope with so wide a range or duties.(2) Taken in a less universal sense, Equity is used in contradistinction to strict law. This is Moral Equity, which should be the genius of every kind of human jurisprudence; since it expounds and limits the language of the positive laws, and construes them not according to their strict letter, but rather in their reasonable and benignant spirit.Aristotle, in his discussion concerning Moral Equity, Ethics Eud., b.v., c. x, calls it the correc...
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Mixed actions
Mixed actions. Suits at Common Law partaking of the nature of real and personal actions, by which some real property was demanded, and also personal damages for a wrong sustained, were so called. They substantially partook, however, of the character of real actions, and were often so called, but they are now abolished, except the action of ejectment, 3 & 4 Wm. 4, c. 27. Correctly speaking, however, ejectment is in its form a species of the personal action of trespass. Steph. Plead. App. vii. See Now ACTION.Those in Roman Law, in which some specific thing was demanded, and where also some personal obligations were claimed to be performed, Hallifax on Roman Law, 85...
National insurance
National insurance. The (English) National Insur-ance Act, 1911 (1 & 2 Geo. 5, c. 55), introduced by Mr. Lloyd George, established a wide system of compulsory state insurance covering both ill-health and unemployment, which is based upon premiums contributed in part by the employer, in part by the employee, and in part by the State. The Act consisted of three parts, the first dealing with National Health Insurance, the second with Unemployment Insurance, and the third contained miscellaneous provisions. This Act remained the basis of National Health Insurance, although the subject of very extensive amendment, until the National Health Insurance Act, 1924, consolidated the law. The law has been consolidated again by the (English) National Health Insurance Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 32), amends and repeals the whole of the Acts passed in 1920, 1922, 1924 and 1928. The arrangement is as follows:-Part I. Insured Persons and Contributions.Part II. Benefits.Part III. Approved Soc...
Renewal of lease
Renewal of lease, a re-grant of an expiring lease for a further term. Where a lease contains a covenant by the lessor for renewal, this convenant is commonly subject to the condition that the covenants in the lease shall have been performed by the lessee, and this condition is strongly enforced by the Court, Finch v. Underwood, (1876) 2 Ch D 310.Leases may be surrendered in order to be renewed, without a surrender of under-leases, by virtue of the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 6, before which Act a surrender of each under-lease was necessary.As to covenants for perpetual renewal, see Wynn v. Conway Corporation, (1914) 2 Ch 705, and cases there referred to.By the (English) Law of Property Act, 1922, s. 145, and 15th Sch., perpetually renewable leases have, from the 1st January, 1926, been converted into terms of 2,000 years from the date of the commen-cement of the existing term. The conversion is without prejudice to the covenants and conditions of the l...
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