Sue - Law Dictionary Search Results
Home Dictionary Name: sue Page 1 of about 127 results (0.002 seconds)Right to sue
Right to sue, the 'right to sue' means the right to bring a suit asserting a right to the same relief which the deceased plaintiff asserted at the time of his death'. Thus, contracts involving the exercise of special skill like a promise to paint a picture do not bind the representatives of the promisor, nor do they create in them a right that can survive the death of the promisor, Phool Rani v. Naubat Rai Ahluwalia, AIR 1973 SC 2110: (1973) 1 SCC 688: (1973) 3 SCR 679. [Delhi rent Control Act, 1958, s. 14(1)(e)](ii) The term 'right to sue' must be equated with 'cause of action', unless the context indicates otherwise, Gurdit Singh v. Munsha Singh, AIR 1977 SC 640: (1977) 1 SCC 791: (1977) 2 SCR 250.The words 'right to sue' ordinarily mean the right to seek relief by means of legal proceedings. The right to sue accrues only when the cause of action arises, that is, the right to prosecute to obtain relief by legal means, State of Punjab v. Gurdev Singh, AIR 1991 SC 2219 (2220): (1991) 4...
Sue
Sue, mean 'to sue' signify not only 'to prosecute' but also 'to defend' or 'to do something' which the law requires for the better prosecution or defence of the cause, Haroodhone v. Usha Charan, 1955 Cal 292.Sue, to prosecute by law, to claim a civil right by means of legal procedure.To institute a lawsuit against another party, Black's Law Dictionary, 7th Edn., p. 1446.The word 'sue' in s. 176 of the Government of India Act, 1935 meant the enforcement of a claim or a civil right by means of legal proceedings and was wide enough to include an application for a writ of certiorari, Province of Bombay v. Kusaldas S. Advani, AIR 1950 SC 222: (1950) SCR 621....
Sue and labour clause
Sue and labour clause. The name given to a clause in a policy of marine insurance which was introduced to make it clear that the assured and his agents or servants, e.g., master and crew, can take every step to recover insured property in peril without loss of the rights under the insurance and to be repaid any expenditure which may be incurred by the assured or his agents to avert the loss. The clause does not cover general average losses and contributions and salvage charges, (English) Marine Insurance Act, 1906, s. 78 (2), and see Aitchison v. Lohre, (1879) 4 AC 755. The clause is usually in the following form:-'And in case of any loss or misfortune, it shall be lawful to the Assured, their Factors, Servants and Assigns, to sue, labour, and travel for, in, or about the Defence, Safeguard and Recovery of the said Goods and Merchandises and Ship, etc., or any part thereof, without prejudice to this insurance; To the charges whereof, we, the assurers, will contribute, each one accordin...
sue
sue sued su·ing [Anglo-French suer suire, literally, to follow, pursue, from Old French sivre, ultimately from Latin sequi to follow] vt : to bring an action against : seek justice from by legal process vi : to bring an action in court ...
sue out
sue out : to apply for and obtain in judicial proceedings [sued out a summons] ...
sue-and-labor clause
sue-and-labor clause : a clause in marine insurance contracts by which the insured agrees to take steps necessary to safeguard the covered property from loss or to minimize losses that occur and the insurer agrees to pay for the reasonable costs of such steps ...
Next friend
Next friend. At law, an infant having a guardian might sue by his guardian, as such, or by his next friend, though he must always have defended by his guardian. In equity he sued by next friend, and not by guardian, and defended by guardian ad litem. A married woman, before the Married Women's Property Act, could not sue either at law or inequity unless her husband were joined.Infants may sue as plaintiffs by their next friends in the manner practised before the Jud. Acts in the Court of Chancery (as to which see Dan. Ch Pr., 5th ed. p. 602), and may in like manner defend any action by their guardian appointed for that purpose by Ord. XVI., r. 16. The next friend of an infant is prima facie liable for the costs, which are, however, reimbursed to him out of the infant's estate, provided he have acted properly; but the next friend of a feme covert did not incur the like responsibility. [O. 32, r. 1, C.P.C.]A married woman had, by Ord. XVI., r. 8, of the Rules of 1875, the same right of s...
breach
breach 1 a : a violation in the performance of or a failure to perform an obligation created by a promise, duty, or law without excuse or justification breach of duty : a breach of a duty esp. by a fiduciary (as an agent or corporate officer) in carrying out the functions of his or her position breach of trust : a breach by a trustee of the terms of a trust (as by stealing from or carelessly mishandling the funds) breach of warranty : a breach by a seller of the terms of a warranty (as by the failure of the goods to conform to the seller's description or by a defect in title) NOTE: A seller may be liable for a breach of warranty even without any negligence or misconduct. b : failure without excuse or justification to fulfill one's obligations under a contract called also breach of contract compare repudiation an·tic·i·pa·to·ry breach : a breach of contract that occurs as a result of a party's anticipatory repudiation of the contract ef·fi·c...
Consideration
Consideration. Any act of the promisee (the person claiming the benefit of an obligation) from which the promisor (the person burdened with the obligation) or a stranger derives a benefit or advantage, or any labour detriment or inconvenience sustained or suffered by the promisee at the request, express or implied, of the promisor. See Laythoarp v. Bryant, 3 Scott 250; 2 Wms. Saund 137 h; Currie v. Misa, (1875) LR 10 Exch 153.Consideration is one of the facts which the courts require as evidence of intention, (a) that a person intends his promise to be binding on him, or (b) that he intends to divest himself of a beneficial interest in property. In its widest sense consideration is the price, motive or inducement for a promise or for a transfer of property from one person to another. The nature or quality of the consideration which will be sufficient for these purposes varies with the nature of the transaction and in the absence of consideration the Courts will, except in the case of s...
Married women's property
Married women's property, At Common Law, a woman, by marrying, transferred the ownership of all her property, real and personal, present and future, to her husband absolutely, so that he might sell, pay his debts out of, give away, or dispose by will of it as he pleased, with these exceptions and modifications:-1) Her freehold estate became his to manage and take the profits of during the joint lives only. After his death, leaving her surviving, it passed to her absolutely; after her death, leaving him surviving, provided that it was an estate in possession and issue who could in her it had been born during the marriage, it passed to him as 'tenant by the curtesy (q.v.) of England,' during his life, and after his death to her heir-at-law.(2) Her leasehold estate, her personal estate in expectancy, and the debts owing to her and other 'choses in action,' became his absolutely if he did some act to appropriate or reduce them into possession during the marriage, or if he survived her. If ...
- << Prev.
- Next >>