Third Party Claim - Law Dictionary Search Results
Home Dictionary Name: third party claim Page: 3Sheriff, Shire-reeve, or Shiriff
Sheriff, Shire-reeve, or Shiriff [fr. scire, Sax., fr. scyran, to divide, and gerefa, a guardian (vicecomes)], the chief officer of the Crown in every county.The judges, together with the other great officers and privy councillors, meet in the Exchequer on the morrow (November 12th) of St. Martin, yearly; and then and there the judges propose three persons from each county, to be reported, if approved of, to the King, who afterwards appoints one of them to be sheriff, and such appointment generally takes place about the end of the following Hilary Term. If a sheriff die in office, the appointment of another is the mere act of the Crown.The Sheriffs Act, 1887, repeals and, so far as they were not obsolete, re-enacts the very numerous enactments as to sheriffs from 3 Edw. 1, c. 9, to s. 16 of the (English) Judicature Act, 1881, inclusive. By s. 3 of this Act a sheriff is annually appointed, having (s. 4) sufficient land within the county to answer the King and his people; by s. 23 every ...
holder for value
holder for value :a holder to whom an instrument is issued or transferred in exchange for something of value (as a promise of performance, a security interest or lien in the instrument not obtained by judicial process, payment of or use of the instrument as security for a claim against another person, a negotiable instrument, or the incurring of an irrevocable obligation to a third party) ...
slander
slander : to utter slander against slan·der·er n n [Anglo-French esclandre, from Old French escandle esclandre scandal, from Late Latin scandalum moral stumbling block, disgrace, from Greek skandalon, literally, snare, trap] 1 : defamation of a person by unprivileged oral communication made to a third party ;also : defamatory oral statements 2 : the tort of oral defamation [sued his former employer for ] compare defamation, false light, libel NOTE: An action for slander may be brought without alleging and proving special damages if the statements in question have a plainly harmful character, as by imputing to the plaintiff criminal guilt, serious sexual misconduct, or conduct or a characteristic affecting his or her business or profession. slan·der·ous [slan-də-rəs] adj slan·der·ous·ly adv slan·der·ous·ness n ...
In all
In all, the words 'in all' which occur in clause (a), must be resolved by having regard to the underlying legislative purpose of the provisions contained in Chap. VIII of the Act which deals with third party risks. That is a sensitive process which has to accommodate the claims of the society as reflected in that purpose. Indeed, it is in this area of legislative ambiguities, unfortunately not receding, that Courts have to fill gaps, clear doubts and mitigate hardships, Motor Owners' Insurance Company Limited v. Jadavji Keshavji Modi, AIR 1981 SC 2059: (1981) 4 SCC 660: (1982) 1 SCR 860. [Motor Vehicles Act (4 of 1939), s. 95(2)(9)]...
Regress, Lettrs of
Regress, Lettrs of. They were granted by the superior of lands mortgaged to the wadsettor or mortgagor. Their object was this: by the wadset or mortgage, the mortgagor was completely divested, and when he redeemed, he appeared to claim an entry from the superior as a stranger, and the superior was no more bound to receive the mortgagor than he would have been forced to receive any third party; to remedy this, letters of regress were granted by the superior under which he became bound to re-admit the wadsettor at any time when he should demand entry, Bell's Scots Law Dict....
Supreme Court of Judicature
Supreme Court of Judicature. By Judicature Act, 1925, s. 1, there shall be a Supreme Court of Judicature in England consisting of His Majesty's High Court of Justice (referred to as the High Court), and His Majesty's Court of Appeal (referred to as the Court of Appeal).Formerly, by the (English) Supreme Court of Judicature Act, 1873, ss. 3 and 4 (amended by (English) Jud. Act, 1875, s. 9), it was enacted that from the commencement of that Act (November 1, 1875: see Judicature Act, 1875, s. 2) the court of Chancery of England, the Court of Queen's Bench, the Court of Common Pleas at Westminster, the Court of Exchequer, the High Court of Admiralty, the Court of Probate, and the Court for Divorce and Matrimonial Causes, should be united and consolidated together, and should constitute one Supreme Court of Judicature in England; the said Supreme Court to consist of two permanent Divisions, being 'Her (now His) Majesty's High Court of Justice' and 'Her (now His) Majesty's Court of Appeal.'S...
Lien
Lien [answering to the tacita hypotheca of the Civil Law], a right in one man to retain that which is in his possession belonging to another, until certain demands of the person in possession are satisfied. It is neither a jus in re, nor a jus ad rem--i.e., it is not a right of property in the thing itself, or right of action to the thing itself.It is either particular, as a right to retain a thing for some charge or claim growing out of, or connected with, the identical thing; or general, as a right to retain a thing not only for such charges or claims, but also for a general balance of accounts between the parties in respect to other dealings of the like nature.General and particular liens may arise: (1) by an express contract; (2) by an implied contract, resulting from the usage of trade, or the manner of dealing between parties. General lines are not favoured in law, but some judicially recognized general lines are bankers', solicitors', factors', stockbrokers'. See Halsb. L.E., ti...
Intervention
Intervention. A third person not originally a party to a suit, but claiming an interest in the matter, may interpose at any stage of the suit in defence of his own interest, whenever affected either as to person or property. This is called intervention, and was peculiar to the Ecclesiastical and Admiralty Courts. It is now practised in actions or suits in the Probate, Divorce, and Admiralty Division of the High Court. An intervener must take the cause as he finds it at the time of his intervention, and can only do what he might have done had he been a party in the first instance; but the Court may relax this rule under special circumstances.In probate actions, any person not named in the writ may intervene and appear in the action as heretofore on filing an affidavit showing that he is interested in the estate of the deceased [(English) R.S.C., Ord. XII., r. 23]. And in an Admiralty action it rem any person not named in the writ may intervene and appear as heretofore on filing an affid...
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...
Insurance
Insurance, see, Income-tax Act, 1961 (43 of 1961), s. 80C, Expl. 1.Insurance, the act of providing against a possible loss, by entering into a contract with one who is willing to give assurance, that is, to bind himself to make good such loss should it occur. In this contract, the chances of benefit are equal to the insured and the insurer. The first actually pays a certain sum, and the latter undertakes to pay a larger, if an accident should happen. The one renders his property secure; the other receives money with the probability that it is clear gain. The instrument by which the contract is made is called a policy; the stipulated consideration, a premium. As to what is known as a coupon policy, i.e., a coupon cut out of a diary, etc., see General Accident, etc., Assce. Corpn. v. Robertson, 1909 AC 404.Insurable Interest must be possessed by the person taking out a policy; he must be so circumstanced as to have benefit from the existence of the person or thing insured, and some preju...
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