Undue - Law Dictionary Search Results
Home Dictionary Name: undue Page: 4 Page 4 of about 58 results ( seconds)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....
Specific performance
Specific performance. Equity, in obedience to the cardinal rule of natural justice that a person should perform his agreement enforces, pursuant to a regulated and judicial discretion, the actual accomplishment of a thing stipulated for, on the ground that what is lawfully agreed to be done ought to be done, and that damages at law for breach of the contract are not a sufficient com-pensation. The Common Law has not recognized this principle; it has only given damages to a suffering party for the non-performance of an executory agreement. The (English) C.L.P. Act, 1854, however, imparted to the Common Law writ of mandamus a little more efficacy by provisions since superseded by s. 24 of the Judicature Act, 1873, now by Judicature Act, 1925, s. 36, and the (English) Mercantile Law Amendment Act, 1856, introduced a procedure for enforcing the specific delivery of goods sold, specially superseded by s. 52 of the (English) Sale of Goods Act, 1893.An award of damages may be combined with a ...
Spiritualism
Spiritualism, the pretending to hold communication with spirits. The pretender may be convicted as a rogue and a vagabond and imprisoned for three months; and upon a second conviction he may be whipped, Monck v. Hilton, (1877) 2 Ex D 268. See Vagrancy Act, 1824, s. 4, and VAGRANT. Large gifts byan aged widow to a so-called 'Spiritual Medium' were set aside on the ground of undue influence in Lyon v. Home, (1868) LR 6 Eq 655....
overfamiliar
Taking undue liberties assuming an unwarranted tone of familiarity...
Dandy
One who affects special finery or gives undue attention to dress a fop a coxcomb...
Miscontinuance
Discontinuance also continuance by undue process...
necessity
necessity pl: -ties 1 a : the presence or pressure of circumstances that justify or compel a certain course of action ;esp : a need to respond or react to a dangerous situation by committing a criminal act b : an affirmative defense originating in common law that the defendant had to commit a criminal act because of the pressure of a situation that threatened a harm greater than that resulting from the act see also choice of evils defense at defense compare duress, undue influence 2 : something that is necessary esp. to subsistence [obligated to provide the necessities of food, clothing, and shelter] ...
burden
burden 1 : something that is a duty, obligation, or responsibility [the prosecution has the of proving every element of the offense] [the statute imposes undue s] [ of pleading the necessary elements] 2 : burden of proof [the husband had not carried his on the insanity issue "Case & Comment"] ...
coercion
coercion : the use of express or implied threats of violence or reprisal (as discharge from employment) or other intimidating behavior that puts a person in immediate fear of the consequences in order to compel that person to act against his or her will ;also : the defense that one acted under coercion see also defense, duress compare undue influence ...
duress
duress [Anglo-French duresce, literally, hardness, harshness, from Old French, from Latin duritia, from durus hard] : wrongful and usually unlawful compulsion (as threats of physical violence) that induces a person to act against his or her will : coercion ;also : the affirmative defense of having acted under duress see also economic duress compare necessity, undue influence NOTE: A person may be able to avoid the consequences of his or her acts under the law if they were performed while under duress. For example, a contract made under duress is voidable by the coerced party. Similarly, a will signed under duress is invalid. Duress may also be used to justify a criminal act. A threat to bring a lawsuit is not duress. ...
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