Unfair Term - Law Dictionary Search Results
Home Dictionary Name: unfair term Page 1 of about 11 results (0.004 seconds)Unfair term
Unfair term, means any term which contrary to the requirement of good faith causes a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer. [Unfair Terms in Consumer Contracts Regulations, 1994, Reg 4(1)]...
Just
Just, the expression 'just' denotes equitability, fairness and reasonableness, and non arbitrary. If it is not so it cannot be just (See Helen C. Rebello v. Maharashtra State Road Transport Corporation, AIR 1998 SC 3191), Divisional Controller KSTRC v. Mahadeva Shetty, AIR 2003 SC 4172 (4177): (2003) 7 SCC 197. (Motor Vehicles Act, 1988, s. 163A and Schedule II)The word 'just' as its nomenclature, denotes equit-ability, fairness and reasonableness having large peripheral field. The largeness is, of course, not arbitrary; it is restricted by the conscience which is fair, reasonable and equitable, if it exceeds; it is termed as unfair, unreasonable, inequitable not just. In Law Lexicon, 5th Edn., by T.P. Mukherjee 'Just' is described:The term just' is derived from the latin word Justus. It has various meanings and its meaning is often governed by the context. 'Just' may apply in nearly all of its senses, either to ethics or law, denoting something which is morally right and fair and some...
procedural unconscionability
procedural unconscionability : unconscionability that derives from the process of making a contract rather than from inherent unfairness or unreasonableness in the terms of the contract compare substantive unconscionability NOTE: Procedural unconscionability is based on factors, such as consumer ignorance or a great deal of unexplained fine print, that serve to deprive a party of a meaningful choice. ...
uniform commercial code
uniform commercial code A uniform law, adopted by some states, designed to simplify and modernize the consumer credit and usury laws, to further consumer understanding of the terms of credit transactions and to protect consumers against unfair practices. Source: FindLaw ...
Indirectly
In an direct manner not in a straight line or course not in express terms obliquely not by direct means hence unfairly wrongly...
Grab
Grab, the term 'grab' has a broad meaning to take unauthorisedly, greedily or unfairly - and a narrow meaning of snatching forcibly or violently or by unscrupulous means, Konda Lakshmana Bapuji v. Government of Andra Pradesh, AIR 2002 SC 1012 (1025): (2002) 3 SCC 258. [Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (12 of 1982), s. 2(d) & (e)]...
Victimisation
Victimisation, is a term of comprehensive import. Thus, if a person is made to suffer by treatment, it would amount to victimisation, Lakmat Newspapers Pvt. Ltd. v. Shankarprasad, (1999) 6 SCC 275.The word 'victimisation' in the context of industrial disputes is capable of two different interpretations: It connotes a person who became the victim of the employer's wrath by reason of his trade union activities; it also connotes a victim of unfair and arbitrary action. When a word has more than one interpretation, the interpretation which is in favour of the labour should be accepted as they are the poorer section of the people compared to the management. Therefore, the word 'victimisation' must be given its normal meaning of being the victim of unfair and arbitrary action, Workmen ofM/s. Willamson Magor & Co. Ltd. v. Williamson Magor & Co. Ltd., AIR 1982 SC 78 (81): (1982) 1 SCC 117. [Industrial Disputes Act (14 of 1947), Sch. 2, item 6]If a person is made to suffer by some exceptional t...
Copyhold
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
Complaint
Complaint. This term is most generally used with reference to Courts of Summary Jurisdiction where proceedings are commenced 'on information,' but is also sometimes used to describe a claim in an action of a civil or quasi-civil character. See STATE-MENT OF CLAIM. As to when a 'complaint' made to a third person and not in the presence of the accused is admissible as evidence, see R. v. Osborne, (1905) 1 KB 551, and as to statements made in the presence of the accused, see R. v. Norton, (1910) 2 KB 496.Means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (d)]Means--(i) a consumer; or(ii) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force; or(iii) the Central Government or any State G...
order
order 1 : a state of peace, freedom from unruly behavior, and respect for law and proper authority [maintain law and ] 2 : an established mode or state of procedure [a call to ] 3 a : a mandate from a superior authority see also executive order b : a ruling or command made by a competent administrative authority ;specif : one resulting from administrative adjudication and subject to judicial review and enforcement [an administrative may not be inconsistent with the Constitution "Wells v. State, 654 So. 2d 145 (1995)"] c : an authoritative command issued by the court [violated a court and was jailed for contempt] cease-and-de·sist order [sēs-ənd-di-zist-, -sist-] : an order from a court or quasi-judicial tribunal to stop engaging in a particular activity or practice (as an unfair labor practice) compare injunction, mandamus, stay consent order : an agreement of litigating parties that by consent takes the form of a court order final order : an order of a court...
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