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Fraudulent conveyances, Statutes against

provides that every conveyance of property made either or before 1925 with intent to defraud creditors shall be voidable at the instance of any person thereby prejudiced, but the s. does not affect disentailing assurances or the

Affirmance

Affirmance, the confirmation of a voidable act

Drunkenness

made by a person when so drunk as to be unable to understand what he is doing is voidable if the person with whom the contract was made was aware of the fact, but it is not

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Deed

party has made it under threat, for then it is void as to him. (II.) Those making it voidable, not being void from the beginning; as (a) By dissent of parties, for instance the repudiation of an

Consent

it can nevertheless be real, and ordinarily the effect of fraud or misrepresentation is to render a transaction voidable only and not void, Central National Bank Ltd. v. United Industrial Bank Ltd., AIR 1954 SC 181: (1954)

Condition

the condition if the Court can gather from the document that the parties intended the lease to be voidable only upon entry by the lessor, see LEASES and RENTCHARGES. Condition inherent, such as descends to the heir

void

void 1 : of no force or effect under law [a marriage] 2 : voidable void·ness n vt : to make or declare void [ a contract]

standard mortgage clause

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

new value

not as satisfaction for a preexisting debt may not be avoided by a trustee in bankruptcy as a voidable preference.

fraudulent conveyance

or defrauding his or her creditors called also fraudulent transfer compare preference NOTE: A fraudulent conveyance is generally voidable by a court or, in a bankruptcy case, by the trustee in bankruptcy.

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