Surprise - Law Dictionary Search Results

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surprise

surprise 1 : a condition or situation in which a party to a proceeding is unexpectedly placed without any fault or neglect of his or her own and that entitles the party to relief (as a new trial) 2 : an aspect of procedural unconscionability that consists of hiding a term of a contract in a mass of text ...

Surprise

Surprise. When the evidence produced by the one side is such as from the nature of the circumstances could not have been reasonably expected by the other side, and there is reason to believe that this evidence, if foreseen, might have been rebutted, contradicted, or explained, the Court grants a new trial, on such conditions as to costs as seems fit. See also NONSUIT and TRIAL....

Guard

To protect from danger to secure against surprise attack or injury to keep in safety to defend to shelter to shield from surprise or attack to protect by attendance to accompany for protection to care for...

New trial

New trial. If any defect of judgment happen from causes wholly extrinsic, i.e., arising from matters foreign to or dethors the record, the only remedy the party injured by it has (except formerly error coram nobis or vobis in some few cases) is by applying to the Court for a new trial, which is in substitution for a bill of exceptions. But the Court must be satisfied that there are strong probable grounds to suppose that the merits have not been fairly and fully discussed, and that the decision is not agreeable to the justice and truth of the case before they will grant a new trial.The following is a summary of the cases in which a new trial may be granted. They are all subject to the rule that in an action of contract, unless some right independent of the damages be in question, the amount in dispute must be 20l. at least for the Court to interfere.(1) Mistakes, etc., of a judge. If a judge misdirect a jury, even in a penal action, it is generally a good ground for a new trial. So if ...

Particulars

Particulars. The courts have a general jurisdiction, independently of statute, to order a detailed statement of the demand in any litigation, or of any defence, to be given that surprise may be avoided, and substantial justice promoted, 2 Chit. Arch. Prac. The necessity for application for particulars has become less frequent since the Judicature Acts, as the Rules of Court under those Acts have substituted a statement of claim containing the material facts on which the plaintiff relied for the declaration under the old practice, which only contained a legal statement of the plaintiff's cause of action.It is provided, however by (English) R.S.C., Ord. XIX, R. 7, that:-A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, may in all cases be ordered, upon such terms, as to costs and otherwise, as may be just;and see the Index to the Annual Practice...

Forfeiture

Forfeiture, a penalty for an offence or unlawful act, or for some wilful omission of a tenant of property whereby he loses it, together with his title, which devolves upon others.Forfeiture resulted from the following circumstan-ces:--(1) Treason, misprision of treason, felony, murder, self-murder, pr'munire, and striking or threatening a judge. But the (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23), enacted that no conviction, etc., for treason or felony, or felo de se, shall cause any forfeiture except as consequent on outlawry. The Act also makes provision for the appointment by the Crown of administrators of the property of convicts.(2) Conveyance contrary to law, as transferring a freehold to an alien, who formerly could take lands but could not hold them; wherefore upon office found the Crown was entitled to the land. But the British Nationality and Status of Aliens Act, 1914 (substituted for the (English) Naturalization Act, 1870), subject to certain provisoes, enables ali...

Consent

Consent, an act of reason accompanied with delib-erations, the mind weighing, as in a balance, the good or evil on either side. Consent supposes three things-a physical power, a mental power, and a free and serious use of them. Hence it is that if consent be obtained by intimidation, force, meditated impositions, circumvention, surprise, or undue influence, it is to be treated as a delusion, and not as a deliberate and free act of the mind. In relation to Criminal Law, see (English) Criminal Law Amendment Acts, 1885-1922, and see AGE; ABDUCTION.The word 'consent' as used in s. 30(2) of the Sale of Goods Act means 'agreeing on the same thing in the same sense' as defined in s. 13 of the Indian Contract Act. A consent induced by false representation may not be free, but it can nevertheless be real, and ordinarily the effect of fraud or misrepresentation is to render a transaction voidable only and not void, Central National Bank Ltd. v. United Industrial Bank Ltd., AIR 1954 SC 181: (1954...

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