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Misfeasance and non-feasance

Misfeasance and non-feasance, there is a distinction between misfeasance (positive action) and non-feasance (omission). Misfeasance is wilful, reckless or heedless conduct in commission of a positive act lawfully done but with improper conduct. Non-feasance means non-performance...

Conversion and detinue

Conversion and detinue, a conversion is an act of wilful interference, without lawful justification, with any chattel in a manner inconsistent with the right of another, whereby that other is deprived of the use and possession...

Master and servant

Master and servant, a relation whereby a person calls in the assistance of others, where his own skill and labour are not sufficient to carry out his own business or purpose. See LABOURERS. Servants are of...

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Leave

Leave, having regard to the language of Rule 123 doubtless the word 'leave' has been used as a verb and not as a noun. Taking the word in its ordinary parlance if used as a verb...

Justifiable homicide

Justifiable homicide, the killing of a human creature without incurring any legal guilt. It is of various kinds:- (1) The due execution of public justice, inputting a malefactor to death who has forfeited his life by...

Judge

Judge [fr. juge, Fr.; judex, Lat.], one invested with authority to determine any cause or question in a Court of judicature. The word 'judge' denotes not only every person who is officially designated as a judge...

If from any cause whatsoever

If from any cause whatsoever in a contract ran as: 'If from any cause whatsoever, the purchase should not be completed and the purchase money paid on the day hereinbefore stipulated, not paid, the purchaser shall...

Forfeiture

Forfeiture, a penalty for an offence or unlawful act, or for some wilful omission of a tenant of property whereby he loses it, together with his title, which devolves upon others. Forfeiture resulted from the following...

Ex dolo malo non oritur actio

Ex dolo malo non oritur actio. Cowp. 343.-(From a fraud an action does not arise.) See Collins v. Blantern, (1767) 2 Wils. 341; 1 Sm. L.C., where it has held that a bond given to induce...

Desertion

Desertion, (1) the criminal offence of abandoning the naval or military service without license. See ss. 12 et seq. of the (English) Army Act, 1881, replacing similar s.s of the (English) annual Mutiny Acts, and Reg....

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