Usual Clauses - Law Dictionary Search Results
Usual clauses
Usual clauses, means it is sometimes agreed between the parties, that 'usual clauses' shall be incorporated in a settlement. This expression does not mean the clauses which would be usual under the special circumstances of the case. It means the clauses which are usual in normal circumstance... i.e., to say in a case, where there is, as is usual, a provision for an annuity and where in other respects there is nothing special, Brailey v. Brailey, 1922 P 15: 91 LJP 65; Burrow's Word and Phrases....
Electric lighting
Electric lighting. The supply of electricity for light-ing is facilitated and regulated by the (English) Electric Lighting Act, 1882 (45 & 46 Vict. c. 56). Under this Act powers may be obtained either (1) by license from the Board of Trade; or (2) by Provisional Order of the Board of Trade, needing confirmation by special Act of Parliament; or (3) by special Act of Parliament. The (English) Electric Lighting Clauses Act, 1899 (62 & 63 Vict. c. 19), has incorporated in one Act the usual clauses of provisional orders and special Acts, and directed that such clauses are to apply to every undertaking under the Electric Lighting Acts except so far as expressly varied. These licenses and orders may either be granted to the local authorities themselves or, with their consent, to independent contractors. Licenses continue in force for any period not exceeding seven years, but are renewable. By s. 27 of the (English) 1882 Act an undertaking autho-rized by provisional order or special Act may be...
Continuation clause
Continuation clause. In English time policies it has been usual to provide by a clause attached to the policy, called the continuation clause, that if at the end of the period of insurance the ship is at sea, the insurance may be extended until her arrival at some port, Arnould's Marine Insurance, 8th Edn. P. 570. The Finance Act, 1901, (1 Edw. 7, c. 7), s. 11,provides that a policy of sea insurance shall not be invalid on the ground only that by reason of such a clause it may become available for a period exceeding twelve months, and a continuation clause is for this purpose defined as an agreement to the effect that in the event of the ship being at sea or the voyage otherwise not completed on the expiration of the policy, to subject-matter of the insurance shall be held covered until the arrival of the ship, or for a reasonable time thereafter not exceeding thirty days....
Fairs
Fairs [fr. foire, Fr.; forum nundin', Lat.]. these institutions are very closely allied to markets. A fair is a greater species of market, recurring at more distant intervals. No fair can be held without a grant from the Crown, or a prescription which supposes such grant. Before a patent is granted it is usual to have a writ of ad quod damnum executed and returned, that it may not be issued to the prejudice of another fair or market already existing. The grant usually contains a clause that it shall not be to the hurt of another fair or market; but this clause, if omitted, would be implied; for if the franchise occasion damage, either to the Crown or a subject, in any respect, it will be revoked; and a person whose ancient title is prejudiced is entitled to have a scire facias in the King's name to repeal the letters-patent. If His Majesty grant power to hold a fair or market in a particular place, the lieges can resort to no other, even though it be inconvenient. But if no place be ap...
penalty clause
penalty clause 1 : a clause (as in a contract) that calls for a penalty to be paid or suffered by a party under specified terms (as in the event of a breach) and that is usually unenforceable NOTE: A penalty clause differs from a liquidated damages clause by not being tied to an estimate of possible actual damages. 2 : a clause in a statute or judgment that sets forth a penalty for a specific act or omission (as failure to make a support payment on time) ...
Sue and labour clause
Sue and labour clause. The name given to a clause in a policy of marine insurance which was introduced to make it clear that the assured and his agents or servants, e.g., master and crew, can take every step to recover insured property in peril without loss of the rights under the insurance and to be repaid any expenditure which may be incurred by the assured or his agents to avert the loss. The clause does not cover general average losses and contributions and salvage charges, (English) Marine Insurance Act, 1906, s. 78 (2), and see Aitchison v. Lohre, (1879) 4 AC 755. The clause is usually in the following form:-'And in case of any loss or misfortune, it shall be lawful to the Assured, their Factors, Servants and Assigns, to sue, labour, and travel for, in, or about the Defence, Safeguard and Recovery of the said Goods and Merchandises and Ship, etc., or any part thereof, without prejudice to this insurance; To the charges whereof, we, the assurers, will contribute, each one accordin...
mortgage acceleration clause
mortgage acceleration clause a clause allowing a lender, under certain circumstances, demand the entire balance of a loan is repaid in a lump sum. The acceleration clause is usually triggered if the home is sold, title to the property is changed, the loan is refinanced or the borrower defaults on a scheduled payment. Source: U.S. Department of Housing and Urban Development ...
standard mortgage clause
standard mortgage clause : a mortgage clause that is usually considered to form a separate contract between the insurer and mortgagee under which the mortgagee can collect payment even if the policy is void or voidable with regard to the insured (as because of fraud or nonpayment) called also union mortgage clause ...
Commissioners Clauses Act
Commissioners Clauses Act, 1847 (English) (10 & 11 Vict. c. 16), consolidates the usual statutory clauses constituting and regulating commissioners for regulating public undertakings....
enacting clause
enacting clause : the clause of an act that formally expresses legislative authorization and usually begins with “Be it enacted” ...
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