Works Contract - Law Dictionary Search Results
Home Dictionary Name: works contract Page: 3noncompetition agreement
noncompetition agreement A contract (or part of a contract) in which an employee promises not to work for a competing employer (or to set up a competing business) during, or for a certain length of time after, the employment with the employer ...
Time Charter-party
Time Charter-party, a time charter, is 'one in which the ownership and also possession of the ship remain in the original owner whose remuneration or hire is generally calculated at a monthly rate on the tonnage of the ship, while a voyage charter is a contract to carry specified goods on a defined voyage on a remuneration or freight usually calculated according to the quantity of cargo carried'. In Carver's Carriage by Sea, it is stated that 'all charter-parties are not contracts of carriage. Sometimes the ship itself, and the control over her working and navigation, are transferred for the time being to the persons who use her. In such cases the contract is really one of letting the ship, and, subject to the express terms of the charter-party, the liabilities of the ship owner and the charterers to one another are to be determined by the law which relates to the hiring of chattels, and not by reference to the liabilities of carriers and shippers'. According to Scrutton on Charter-par...
specification
specification : a detailed precise presentation of something or of a plan or proposal for something: as a : a written statement containing a description of particulars (as of charges or contract terms) b : a written description of an invention or discovery for which a patent is sought that embodies the manner and process of making and using the invention or discovery and concludes with a claim of that aspect for which the applicant demands credit c : a written description of construction work to be done forming part of the contract usually used in pl. ...
Clients' money
Clients' money, means any contract or pre-contract deposit received by an estate agent in the course of estate agency work in respect of the acquisition of an interest in land, Estate Agents Act, 1979, s. 12(1) (UK), Halsbury's Laws of England, Vol. 1(2), para 17, p. 15....
Quantum meruit
Quantum meruit (so much as he has earned), an action on the case, express or implied, grounded on a promise to pay the plaintiff for doing a thing as much as he has earned or merited. The term is still in use to meet the cases where a plaintiff failing to prove a special contract to pay him a particular amount recovers what may be considered to be the value of his work, in which case he is said to recover on a quantum meruit [see Craven Ellis v. Canons Ltd., (1936) 2 KB 403]. As to when a plaintiff should base his claim on a special contract and when on a quantum meruit, see also Cutter v. Powell, 6 TR 320; 3 RR 185; and notes in Smith's Leading Cases thereunder. See also Cutler v. Powell, 6 TR 320 3 RR 185A claim on a quantum meruit may be specially indorsed under R.S.C. Ord. III., r. 6; Lagos v. Gunwaldt, (1910)1 KB 41.Means as much as he has deserved. The reasonable value of services; damages awarded in an amount considered reasonable to compensate a person who had rendered services...
Employee
Employee, includes not only persons employed directly by the employer but also persons employed through a contractor. Moreover, they include not only persons employed in the factory but also persons employed in connection with the work of the factory, P.M. Patel and Sons v. Union of India, (1986) 1 SCC 32: AIR 1987 SC 447: (1985) Supp 3 SCR 55.A person who works in the service of another person (the employer) under an express or implied contract of hire under which the employer has the right to control the details of work performance, Black's Law Dictionary, 7th Edn., p. 543.Means a person appointed to or borne on thecadre of staff of the Corporation, other thanperson on deputation. [Employees' State Insurance Corporation (General Provident Fund) Rules, 1995, s. 2(1)(e)]Means any person appointed by the University and includes teachers and other staff of the University, Manipur University Act, 2005, s. 2(k).In relation to the University, means a person other than a teacher or an office...
Employer and contractor
Employer and contractor, the employer is one who employs, i.e., one who engages the services of other persons. The employee is one who works for another for hire. The employment is the contract of service between the employer and the employee where under the employee agrees to serve the employer subject to his control and supervision. A 'contractor' is a person who, in the pursuit of an independent business, undertakes to do specific jobs of work for other persons, without submitting himself to their control in respect to the details to the work'. There is a clear-cut distinction between a contractor and a workman. The identifying mark of the latter is that he should be under the control and supervision of the employer in respect of the details of the work, Chintaman Rao v. State of Madhya Pradesh, AIR 1958 SC 388 (391). [Industrial Disputes Act, (14 of 1947), s. 2(s)]...
Malpractice
Malpractice, includes dishonesty cheating, imperso-nation, obstruction in carrying out public works as specified in the contract and failure to observe, while submitting the tender, the instruction given in the tender form including schedule appended thereto. [The West Bengal Public Works Con-tractors (Regulation and Control) Act, 2006, s. 2(f)]...
inventory
inventory pl: -ries 1 : an itemized list of current assets: as a : a written list or catalog of the property of an individual, organization, or estate or succession that is made by a fiduciary under oath and that usually describes and assigns a value to the items or classes of property b : aggregate value assigned to an inventory 2 : goods or materials held on hand: as a under the Bankruptcy Code : materials including personal property leased or furnished, held for sale or lease, or to be furnished under a contract for service, raw materials, work in process, or materials used or consumed in a business or held for sale or lease b under section 9-109 of the Uniform Commercial Code : goods that are held by a person who holds them for sale or lease or to be furnished under contracts of service or if he or she has so furnished them or that are raw materials, works in process, or materials used or consumed in a business ...
indentured
Bound by contract to work for another for a specified period of time...
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