Without Prejudice - Law Dictionary Search Results
Home Dictionary Name: without prejudice Page: 2Sue 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...
Marriage settlement
Marriage settlement, an arrangement made before marriage, and in consideration of it (the highest consideration known to the law), whereby real or personal property is settled for the benefit of the husband and wife and the issue of the marriage. There is an express saving for such a settlement in s. 19 of the (English) Married Women's Property Act, 1882, and see the (English) Married Women's Property Act, 1907 (7 Edw. 7, c. 1), invalidating a settlement made by a female infant unless confirmed after attaining 21, but without prejudice to settlements under the Infants Settlement Act, 1855 (see post, MARRIED WOMEN'S PROPERTY).Although the policy of the land legislation of 1924 was to assimilate the law of real property to that of personalty as far as possible, marriage settlements of land (not being effected by way of trust for sale), and if providing for infant or for a succession of interests in land or charging land (but in this case subject to the (English) Law of Property Amendment...
Undue influence
Undue influence, Any influence, pressure, or domination in such circumstances that the person acting under that influence may be held not to have exercised his free and independent volition in regard to the act.As to gifts, see title SPIRITUALISM and Lyon v. Home, (1868) LR 6 Eq 655, and as to wills, see Parfitt v. Lawless, (1872) LR 2 P&M 462.In the case of benefits or advantages obtained in certain relationships, the existence of this influence is presumed, e.g., guardian and ward, a parent over a child upon or soon after attaining age and the possession of property, a guide or instructor, medical advisers, ministers or professors of religion, managers of business [Coomber v. Coomber, (1911) 1 Ch 174], attendants upon or advisers of aged and infirm people. In such cases, in regard to transactions inter vivos, the onus of proving absence of undue influence lies on the person claiming the benefit of the disposition or act, and in some cases, e.g., gifts by clients to their solicitors (...
Sanitary authority
Sanitary authority. The name, under the Public Health Acts prior to the P.H. Act, 1936, of the authorities for the purposes of those Acts. Under the Act of 1936 they are (i) in a county borough, the council of the borough, (ii) in an administrative county, as respects certain matters, the county council, and as respects all other matters, the councils of county districts without prejudice to the exercise by a parish council of any powers conferred on such councils, and 'local' authority means the council of a borough; urban district or rural district. 'Urban' or 'rural' authority means the respective council (see RURAL AUTHORITY), 'district' in relation to the local authority of a borough means the borough, and 'parish' in relation to a common parish council acting for two or more grouped parishes means those parishes. As to Port Health Authorities, see QUARANTINE....
Salvo
Salvo [salvo jure, Lat.], without prejudice to....
Peremptory Day
Peremptory Day, a precise time when certain business by a rule of court ought to be spoken to; but if it cannot be spoken to then, the court, at the prayer of the party concerned, with give a further day without prejudice to him....
Rural Authority
Rural Authority. Under the (English) Public Health Act, 1936, s. 1, means the council of a rural district, provided that where a direction such as is mentioned in the Local Government Act, 1933, s. 42 (2) is in force; a reference to a rural authority in the P.H. Act shall be construed as a reference to the council temporarily administering the affairs of the district. So far as a rural district council is a council of a county district, it is an authority invested with the duty of carrying the P.H. Act into execution as provided by the Act without prejudice to the exercise by a parish council of any powers conferred upon such councils. Under s. 12, ibid., rural districts may constitute special purpose areas for charging exclusively sewage, water, or drainage expenses, and see s. 309, ibid., as to such expenses. Section 13 enables the Minister of health to invest any rural district or any contributory place therein with urban powers. See WATCHING AND LIGHTING....
Foreign company
Foreign company. Every Company incorporated outside the United Kingdom, which has a place of business in the United Kingdom, has to comply with certain regulations laid down by Part XI., ss. 343-352 of the Companies Act, 1929. The regulations relate, inter alia, to the registration with the registrar of companies of a copy or translation of the instrument and regulations constituting the company, a list of directors with the statutory particulars and the names and addresses of one or more residents in Great Britain for service of notices and process on the company, and other important provisions. Companies incorporated in a British possession are empowered to hold land in the United Kingdom without prejudice to their powers by virtue of registration in Northern Ireland (s. 345). Special regulations are made for companies incorporated in the Channel Islands and the Isle of Man (s. 343).The general provisions of the Companies Act, 1929, relating to charges on property in England and on p...
Double possibility
Double possibility. Before 1926 it was supposed [see Whitby v. Mitchell, (1890) 44 Ch D 85] that a limitation in remainder after a life interest to an unborn person of an interest in land to the unborn child or other issue of an unborn person was void for remoteness. This rule has been abolished by the Law of Property Act, 1925, s. 161, without prejudice to any other rule against perpetuities...
Debenture
Debenture [fr. debeo, Lat., to owe] may be defined generally as a charge in writing [not necessarily sealed, see British India, etc., Co. v. Commissioners of Inland Revenue, (1881) 7 QBD 165] of certain pro-perty with the repayment at a time fixed of money lent by person therein named at a given interest, but the term is a very elastic one. The word 'debenture' is of ancient origin and appears to have been in use five centuries ago (Palmer's Company Precedents, Pt. III., p. 1); and a document which, though it mentions to security and is only a promise to pay, is properly described as a debentures, and as a marketable security will require to be stamped as such, Spenyer v. Inland Revenue Commissioners, (1907)1 KB 246. By the (English) Companies Act, 1929, s. 380, a debenture is defined as including debenture stock, bonds or other securities of a company whether constituting a charge on the assets of the company or not. The charge created by debentures as a rule is fixed on the company's...
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