Legal Dictionary

A general principle in law that covers several related concepts. It is used as a criterion of fairness and justice in statutory interpretation processes, and as a logical method to assist in establishing the correct balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act. In criminal law, it is used to convey the view that the punishment of the offender should fit the crime.

Proprietary

Refers to ownership or characteristics relating to ownership. It describes all the rights that the owner of property (whether real or intangible) can exercise.

Public limited company

A company that trades on the stock market, has a minimum share capital of £50,000 and is governed by a strict set of rules. They are required to publish a true financial position so investors can determine the exact worth of any shares that they hold in the company. They carry the letters PLC after their name.

Punitive damages

Punitive damages, also known as exemplary damages, may be awarded by a judge in addition to actual damages, which compensate the claimant for the losses suffered due to the harm caused by the defendant. Punitive damages are a way of punishing the defendant in a civil case and are based on the theory that the interests of society and the individual harmed can be met by imposing additional damages on the wrongdoer.

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Quantum meruit

Latin for ‘as much as is deserved’. It is a doctrine whereby the law infers a promise to pay a reasonable amount for work and materials furnished, even in the absence of a specific legally enforceable agreement between the parties.

RERA

RERA stands for Dubai Real Estate Regulatory Agency, a government agency, the regulatory arm of Dubai Land Department. RERA was founded on July 31, 2007, by virtue of Dubai Law No. (16) of 2007 Establishing the Real Estate Regulatory Agency. The primary objective of the Agency is to regulate the real estate sector in the Emirate of Dubai by contributing to the preparation of strategies related to the industry and to the development and implementation of the required action plans, including setting legislation regulating the relationship between contracting parties in the real estate market. RERA involved in planning, organising and evaluating operations related to real estate licenses, organisation and development of real estate activities, monitoring property development projects financially and technically, to protect investors.

Real estate

Land, including the resources in and on it, such as crops, minerals and water, and the buildings and permanent fixtures attached to it.

Reasonable force

Sometimes known as legal force, is the amount of force necessary to protect or defend a person or their property from another person. The term usually denotes defending against a violent attack, theft or other unlawful aggression. It may be used as a defence in a criminal trial or as a defence in a claim alleging tortious conduct. The use of excessive force, or more force than reasonably necessary for such protection, may result in the defence being forfeited.

Reasonable wear and tear

Commonly used in leases to limit the tenant’s responsibility (and therefore liability to repair and redecorate) upon leaving the premises. It is subjective but the considerations include the length of time of the tenancy (the longer the tenancy the more wear and tear can be expected), the lack of unusual damage such as a hole in the wall or a broken window, and the condition of the premises when the tenant moved in (usually evidenced by a schedule of condition).

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Recital

The preliminary statement in a deed showing the reason for its existence and leading up to and explaining the operative part.

Rectification

Is a remedy whereby a court orders a change in a written document to reflect what ought to have been said in the first place. It is an equitable remedy, which means that the circumstances where it can be applied are limited.

Redaction

The process whereby a document is modified, edited or revised to have all confidential and sensitive information removed.

Redemption

The discharge of real property from a mortgage and the consequent return of full ownership thereof to the owner of the legal title.

Remedial action

Taking appropriate action to rectify a breach or default under the terms of an agreement or lease, or change made to a faulty product or service to address a deficiency.

Promissory

Promissory note

Proportionality