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Non Est Factum
(Latin for " tis not ydeed") is a defence in contract law that allows a signing party to escape performance of an agreement "which is fundamentally different from what he or she intended to execute or sign". A claim of means that the signature on the contract was signed by mistake, without knowledge of its meaning. A successful plea would make the contract void . According to ''Saunders v Anglia Building Society'' 971AC 1004, applied in ''Petelin v Cullen'' 975 the strict requirements necessary for a successful plea are generally that: * The person pleading must belong to "class of persons, who through no fault of their own, are unable to have any understanding of the purpose of the particular document because of blindness, illiteracy or some other disability". (2009) 13(1) University of Western Sydney Law Review 83. The disability must be one requiring the reliance on others for advice as to what they are signing. * The "signatory must have made a fundamental mistake as to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, Latin influence in English, including English, having contributed List of Latin words with English derivatives, many words to the English lexicon, particularly after the Christianity in Anglo-Saxon England, Christianization of the Anglo-Saxons and the Norman Conquest. Latin Root (linguistics), roots appear frequently in the technical vocabulary used by fields such as theology, List of Latin and Greek words commonly used in systematic names, the sciences, List of medical roots, suffixes and prefixes, medicine, and List of Latin legal terms ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more Party (law), parties. A contract typically involves consent to transfer of goods, Service (economics), services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek legal remedy, judicial remedies such as damages or equitable remedies such as specific performance or Rescission (contract law), rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that pacta sunt servanda, agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ab Initio
( ) is a Latin term meaning "from the beginning" and is derived from the Latin ("from") + , ablative singular of ("beginning"). Etymology , from Latin, literally "from the beginning", from ablative case of "entrance", "beginning", related to verb "to go into", "enter upon", "begin". Uses ''Ab initio'' (abbreviation: ''ab init.'') is used in several contexts, including the following: Law In law, ''ab initio'' refers to something being the case from the start or from the instant of the act rather than from when the court declared it so. For instance, the term "void ''ab initio''" means "to be treated as invalid from the outset." E.g., in many jurisdictions, if a person signs a contract under duress, that contract is treated as being "void ''ab initio''". Typically, documents or acts which are void ''ab initio'' cannot be fixed and if a jurisdiction, a document, or an act is so declared at law to be void ''ab initio'', the parties are returned to their respective positions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal Cases Law Reports
A or is a compilation of judicial opinions from a selection of case law decided by courts. These reports serve as published records of judicial decisions that are cited by lawyers and judges for their use as precedent in subsequent cases. Historically, the term "reporter" was used to refer to the individuals responsible for compiling, editing, and publishing these opinions. For example, the Reporter of Decisions of the Supreme Court of the United States is the person authorized to publish the Court's cases in the bound volumes of the ''United States Reports''. Today, in American English, "reporter" also refers to the books themselves. In Commonwealth English, these are described by the plural term "law reports", the title that usually appears on the covers of the periodical parts and the individual volumes. In common law jurisdictions, such as the United States, the doctrine of '' stare decisis'' ("to stand by things decided") requires courts to follow precedent by applying ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Paul Vout KC and Peter Willis SC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Hannah Canham * Roshan Chaile * Bora Kaplan * James McComish * William Newland * Jakub Patela * Stephen Puttick * Daniel Reynolds * Marcus Roberts * Alexander Solomon-Bridge * Ahmed Terzic * Julia Wang * Michael Wells * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Specific Performance
Specific performance is an equitable remedy in the law of contract, in which a court issues an order requiring a party to perform a specific act, such as to complete performance of a contract. It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate alternative. Specific performance is almost never available for contracts of personal service, although performance may also be ensured through the threat of proceedings for contempt of court. An injunction, often concerning confidential information or real property, is a type or subset of specific performance and is one of the more commonly-used forms of specific performance. While specific performance can be in the form of any type of forced action, it is usually to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite of a prohibitory ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was established following the passage of the ''Judiciary Act 1903'' (Cth). Its authority derives from chapter III of the Australian Constitution, which vests it (and other courts the Parliament creates) with the judicial power of the Commonwealth. Its internal processes are governed by the ''High Court of Australia Act 1979'' (Cth). The court consists of seven justices, including a chief justice, currently Stephen Gageler. Justices of the High Court are appointed by the governor-general on the formal advice of the attorney-general following the approval of the prime minister and Cabinet. They are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. Typically, the court operates by receiving applicati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bill Of Exchange
A negotiable instrument is a document guaranteeing the payment of a specific amount of money, either on demand, or at a set time, whose payer is usually named on the document. More specifically, it is a document contemplated by or consisting of a contract, which promises the payment of money without condition, which may be paid either on demand or at a future date. The term has different meanings, depending on its use in the application of different laws and depending on countries and contexts. The word "negotiable" refers to transferability, and "Legal instrument, instrument" refers to a document giving legal effect by the virtue of the law. Concept of negotiability William Searle Holdsworth defines the concept of negotiability as follows: #Negotiable instruments are transferable under the following circumstances: they are transferable by delivery where they are made payable to the bearer, they are transferable by delivery and endorsement where they are made payable to order. #Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New South Wales
New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South Australia to the west. Its coast borders the Coral Sea, Coral and Tasman Seas to the east. The Australian Capital Territory and Jervis Bay Territory are Enclave and exclave, enclaves within the state. New South Wales' state capital is Sydney, which is also Australia's most populous city. , the population of New South Wales was over 8.3 million, making it Australia's most populous state. Almost two-thirds of the state's population, 5.3 million, live in the Greater Sydney area. The Colony of New South Wales was founded as a British penal colony in 1788. It originally comprised more than half of the Australian mainland with its Western Australia border, western boundary set at 129th meridian east in 1825. The colony then also includ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Law Reports
The Australian Law Reports are a series of law reports which report cases from the High Court of Australia, Federal Court of Australia and the Supreme Courts of the states and territories exercising federal jurisdiction. The reports are not officially authorised. After each authorised series they are the most often cited series of law reports in Australia. They were previously called the Australian Argus Law Reports. See also * Commonwealth Law Reports The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the ed ... * List of Law Reports in Australia References {{Australia-law-stub Law of Australia Case law reporters of Australia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
