Void - Law Dictionary Search Results
Home Dictionary Name: void Page: 7 Page 7 of about 299 results (0.013 seconds)Conditional limitation
Conditional limitation partakes of the nature both of a condition and a remainder. At the Common Law whenever either the whole fee or a particular estate, as an estate for life or in tail, was first limited, no condition or other quality could be annexed to this prior estate, which would have the double effect of defeating the estate, and passing the lands to a stranger, for as a remainder it was void, being an abridgment or defeasance of the estate first granted, and as a condition it was void, as no one but the donor or his heirs could take advantage of a condition broken; and the entry of the donor or his heirs unavoidably defeated the livery upon which the remainder depended. On these principles it was impossible by the old law to limit by deed, if not by will, an estate to a stranger upon any event which might abridge or determine an estate previously limited. But the expediency of such limitations, assisted by the revolution effected by the Statute of Uses, at length established ...
Confirmation
Confirmation, a species of conveyance by which a voidable estate is made valid and unavoidable, or by which a particular estate is increased. Estates which are void cannot be confirmed, but only those which are voidable, Watkin's Conv. 321. A confirmation may make a voidable or defeasible estate good, but it cannot work upon an estate that is void at law, Co. Litt. 295 b.Confirmation in Scotland is the ratification by a competent Court of an appointment of executors, and confers a title to uplift, administer, and dispose of the personal estate of the deceased. When the appointment of the executor has been made by the deceased, the appointee is called an executor-nominate and the confirmation a testament testamentor. When the appointment has been made by the Court, the appointee is called an executor-dative, and the confirmation a testament-dative....
Duress
Duress [fr. duresse, Fr.; durities, Lat., constraint], imprisonment, compulsion.Duress is either by imprisonment or by threats. In order to constitute duress by imprisonment, either the imprisonment or the duress consequent upon it must be tortious and unlawful.By the Common Law, a contract made during duress is not void, but voidable; and the person upon whom it is practised may avail himself of the duress as a special defence to an action thereupon at any time. But the person who has employed the force cannot allege it as a defence, if the contract be insisted upon by the other.Where a person is not a free agent, and is not able to protect himself, the Court will protect him, and will set aside a contract made under duress. Circumstances also of extreme necessity and distress of the party, although not accompanied by the direct restraint or duress, may, in like manner, so entirely overcome his free agency as to justify the Court in setting aside a contract made by him on account of s...
Monopoly
Monopoly [fr. Gk., single, and to sell], the exclusive privilege of selling any commodity. A licence or privilege allowed by the Crown, for the sole buying, selling, making, working, and using of anything whatsoever, whereby the subject is restrained from that liberty of manufacturing or trading which he had before.Such grants were common before the Stuarts, and were very oppressive and injurious during the reign of Elizabeth. The grievance became so insupportable that, notwithstanding the power of granting monopolies was a valuable part of the prerogative, they were abolished in 1623 by the Statute of Monopolies, 21 Jac. 1, c. 3, which declared all monopolies void, with an exception for 'letters-patent' for fourteen years for the sole working or making of any new manufactures within the realm, to the true and first inventors thereof, provided they be not contrary to law nor mischievous to the State. See LETTERS-PATENT.--is the power to control prices or exclude competition from any pa...
Materially affected
Materially affected, What s. 100 requires is that the High Court before it declares the election of a returned candidate is void should be of opinion that the result of the election insofar as it concerns a returned candidate has been materially affected by the improper acceptance of any nomination. It is not intended to provide a convenient technical plea in a case like this where there can be no dispute at all about the election being materially affected by the accepted of the improper nomination. 'Materially affected' is not a formula that has got to be specified but it is an essential requirement that is contemplated in this section, Durai Muthuswami v. N. Nachiappan, AIR 1973 SC 1419: (1973) 2 SCC 45: (1974) 1 SCR 40.These words indicate that the result should not be judged by the mere increase or decrease in the total number of votes secured by the returned candidate but by proof of the fact that the wasted votes would have been distributed in such a manner between the contesting...
Married women's property
Married women's property, At Common Law, a woman, by marrying, transferred the ownership of all her property, real and personal, present and future, to her husband absolutely, so that he might sell, pay his debts out of, give away, or dispose by will of it as he pleased, with these exceptions and modifications:-1) Her freehold estate became his to manage and take the profits of during the joint lives only. After his death, leaving her surviving, it passed to her absolutely; after her death, leaving him surviving, provided that it was an estate in possession and issue who could in her it had been born during the marriage, it passed to him as 'tenant by the curtesy (q.v.) of England,' during his life, and after his death to her heir-at-law.(2) Her leasehold estate, her personal estate in expectancy, and the debts owing to her and other 'choses in action,' became his absolutely if he did some act to appropriate or reduce them into possession during the marriage, or if he survived her. If ...
Lodger
Lodger, a tenant, with the right of exclusive possession, of a part of a house called lodgings, the landlord, by himself or an agent, retaining general dominion over the house itself.Lodgings may be let in the same manner as lands and tenements; in general, however, they are let either by agreement in writing or verbally. An executory verbal agreement may be void by the (English) Law of Property Act, 1925, s. 40; and see Edgev Strafford, (1831) 1 C. & J. 391, as being a contract in relation to land, and a written agreement is often desirable to avoid dispute.Lodgers in rooms which have been let as a separate dwelling to them, unfurnished, may be tenants of a dwelling-house for the purpose of the (English) Rent Restrictions Acts, 1920, 1935, and if that dwelling or the house of which the rooms form parties not decontrolled, their tenancy is within those Acts (see INCREASEOF RENT). As to rent-books generally, in small houses, see (English) Housing Act, 1936, s. 4, and Part IV of that Act...
Marriage, Promise of
Marriage, Promise of, need not be in writing, although an 'agreement in consideration of marriage' must be, by s. 4 of the Statute of Frauds. So it was decided, overruling an earlier decision to the contrary, about 200 years ago, and the question does not appear to have been raised since 1717. In early times the spiritual courts enforced specific performance of the promise, and this jurisdiction was not formally abolished until the reign of George II., by 26 Geo. 2, c. 33. In an action for the breach of the promise, the parties were excepted amongst others) from the general abolition of admissibility of parties as witnesses under the Evidence Act,1851, but this exception was removed by the Evidence Further Amendment Act, 1869, under which, however, the plaintiff may not 'recover a verdict' unless his or her testimony be corroborated by some other material evidence in support of such promise. The mere non-answering of a letter is not, however, sufficient corroboration, Wiedman v. Walpol...
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Lyndhurst's (Lord) Act
Lyndhurst's (Lord) Act (5 & 6 Wm. 4, c. 54) rendered marriages within the prohibited degrees of consanguinity or affinity absolutely null and void. Theretofore such marriages were voidable merely. See MARRIAGE....
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