Unfair Advantage - Law Dictionary Search Results
Home Dictionary Name: unfair advantageUnfair advantage or hardship
Unfair advantage or hardship, mere inadequacy of consideration or the mere fact that the contract is onerous to the defendant or improvident in its nature will not constitute 'unfair advantage or hardship' Surjeet Singh v. Kartar Singh, AIR 1988 P&H 53 (60)....
Unfair advantage
Unfair advantage, is used as meaning an advantage obtained by unrighteous means, Ganesh v. Vishnu, 32 Bom 37....
Undue advantage
Undue advantage, means 'unfair advantage', Mayadhar Paramanik v. State, (1971) Cut LT 582; Prakash Chand v. State of H.P., (2004) 11 SCC 381. (Penal Code, 1860, s. 300 Excep. 4)The expression 'undue advantage' as used in the provision means 'unfair advantage', Ghapoo Yadav v. State of Madhya Pradesh, AIR 2003 SC 1620 (1622): (2003) 3 SCC 528. [Penal Code (45 of 1860), s. 300, Expl. 4]The expression undue advantage means 'unfair advantage', Naveen Chandra v. State of Uttranchal, AIR 2007 SC 363....
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...
Gerrymandering
Gerrymandering, it is an American expression which has taken root in the English language, meaning to arrange election districts so as to give an unfair advantage to the party in power by means of a redistribution act or to manipulate constituencies generally, State of M.P. v. Devilal, AIR 1986 SC 434 (439): (1986) 1 SCC 657: (1985) Supp 3 SCR 894.The practice of dividing a geograplical area auto electoral districts, often of highly irregular shape, to give one political party an unfair advantage by diluting the oppositions voting strength, Black's Law Dictionary, 7th Edn...
Fraud on a power
Fraud on a power. The name given to the execution of a limited power for a purpose outside its limits, either at the expense of the intended object or to obtain a benefit to the donee of the power orto extend or restrict the appointment beyondthe intention; proof of moral turpitude is not necessary.Is meant an intention to deceive; whether it is from any expectation of advantage to the party himself or from the ill will towards the other is immaterial, Dr. Vimla v. Delhi Administration, (1963) Supp 2 SCR 585 and Indian Bank v. Satyam Febres (India) Pvt. Ltd., (1996) 5 SCC 550. See also State of Andhra Pradesh v. T. Suryachandra Rao, AIR 2005 SC 3110.As is well-known vitiates every solemn act. Fraud and justice never dwell together. Fraud is a conduct either by letter or words, which includes the other person or authority to take a definite determinative stand as a response to the conduct of the former either by words or letter, Ram Chandra Singh v. Savitri Devi, (2003) 8 SCC 319. See a...
equitable subordination
equitable subordination : the subordination of a creditor's claim in a bankruptcy proceeding imposed by the court when the creditor has an unfair advantage over other creditors because of improper conduct or an advantageous position (as of a corporate insider) ...
Undue influence
Undue influence, Any influence, pressure, or domination in such circumstances that the person acting under that influence may be held not to have exercised his free and independent volition in regard to the act.As to gifts, see title SPIRITUALISM and Lyon v. Home, (1868) LR 6 Eq 655, and as to wills, see Parfitt v. Lawless, (1872) LR 2 P&M 462.In the case of benefits or advantages obtained in certain relationships, the existence of this influence is presumed, e.g., guardian and ward, a parent over a child upon or soon after attaining age and the possession of property, a guide or instructor, medical advisers, ministers or professors of religion, managers of business [Coomber v. Coomber, (1911) 1 Ch 174], attendants upon or advisers of aged and infirm people. In such cases, in regard to transactions inter vivos, the onus of proving absence of undue influence lies on the person claiming the benefit of the disposition or act, and in some cases, e.g., gifts by clients to their solicitors (...
good faith
good faith [translation of Latin bona fides] : honesty, fairness, and lawfulness of purpose : absence of any intent to defraud, act maliciously, or take unfair advantage [filed the suit in good faith] [negotiating in good faith] see also good faith exception, good faith purchaser compare bad faith NOTE: The meaning of good faith, though always based on honesty, may vary depending on the specific context in which it is used. A person is said to buy in good faith when he or she holds an honest belief in his or her right or title to the property and has no knowledge or reason to know of any defect in the title. In section 1-201 of the Uniform Commercial Code good faith is defined generally as “honesty in fact in the conduct or transaction concerned.” Article 2 of the U.C.C. says “good faith in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.” Similarly, Article 3 on negotiable inst...
Fraud
Deception deliberately practiced with a view to gaining an unlawful or unfair advantage artifice by which the right or interest of another is injured injurious stratagem deceit trick...
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