Undue Preference - Law Dictionary Search Results
Home Dictionary Name: undue preference Page 1 of about 3 results ( seconds)Undue preference
Undue preference, the improper preferring of one customer over another by a railway or canal com-pany, prohibited by the (English) Railway and Canal Traffic Act, 1854 (17 & 18 Vict. c. 31), s. 2. See RAILWAY AND CANAL COMMISSION.As to avoidance of preference of creditor within three months of bankruptcy of debtor, see FRADU-LENT PREFERENCES....
Railway and Canal Traffic Act, 1854
Railway and Canal Traffic Act, 1854, (English) an Act by ss. 2 and 3 of which the Courts of Common Pleas in England and Ireland and the Court of Session in Scotland were empowered to compel railway and canal companies (1) to grant reason-able facilities for the receiving, forwarding, and delivering their own traffic; (2) to abstain from giving an undue preference to any particular person or traffic; and (3) to forward traffic without delay in cases of continuous communication. The object of the Act, which was amended in 1873 and 1888, was to ensure freedom and economy of transit from one end of the kingdom to the other. The law has been further amended by the Railway and Canal Traffic Acts, 1894 and 1912, and Railways Act, 1921. See last title....
Fraud
Fraud, a fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. It is a deception in order to gain by another's loss. It is a cheating intended to got an advantage, S.P. Chengalvaraya Naidu v. Jagannath, AIR 1994 SC 853 (855): (1994) 1 SCC 1.A term used in a variety of meanings. At Common Law, fraud is actionable under the heading of deceit (q.v.).A knowing misrepresentation of the truth or con-cealment of a material fact to induce another to act to his or her detriment, Black's Law Dictionary, 7th Edn., p. 670.In equity and upon the equitable principles which are now applicable in any Court of law, fraud may be described as an infraction of the rules of fair dealing. For the action at law intention and representation (q.v.) are material. In equity an act or its consequences to the person aggrieved may be of greater importance than the intention of the defendant or any representation made to the plaintiff, and the same may b...
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