Legal dictionary
Available entries: 385 entries
Entries: 385
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Legal dictionary
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Clawback
Is a special contractual clause typically used in employment contracts, whereby any money or other benefits given out can be returned due to circumstances specified in the contract. Legal dictionary
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Clean break
A term used to refer to one of several types of orders, agreements and remedies that may be available when a divorcing couple wish to end their financial dependence on each other. This would usually result in the award of a single capital sum and dispense with the need to make regular periodic payments. Legal dictionary
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Common law
The body of law created by virtue of judicial/court decisions, as opposed to law that is based on statutes, regulations and other forms of written legislation. Legal dictionary
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Common law marriage
A union of two people not formalised in the customary manner as prescribed by law but created by an informal agreement to marry followed by cohabitation. As the union is not legally recognised it does not affect or grant any rights of property ownership, rights of survivorship or spousal benefits as between the parties. Legal dictionary
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Compromise agreement
An agreement made between an employer and an employee under which the employee receives consideration, usually in the form of a financial sum, in exchange for agreeing that he or she will have no further claims in any court or tribunal against the employer. Legal dictionary
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Conciliation
The process of bringing together the two sides in a dispute, often employment related, to discuss the issues and reach a settlement. Legal dictionary
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Confidentiality agreement
Otherwise known as a Non-Disclosure Agreement, is a legal contract between two or more parties that outlines confidential information, knowledge or material that the parties wish to share with each other for certain purposes, but which must not be disclosed to third parties. Legal dictionary
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Conflict of interest
A situation where someone in a position of trust will be personally affected by the results of a decision, and so cannot make that decision fairly. Legal dictionary
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Consolidation
The act or process of uniting several cases into one trial and judgment, by order of a court, where all of the cases are between the same parties, pending in the same court, and turning upon the same or similar issues; or the court may order that one of the cases be tried, and the others decided without trial according to the judgment in the one selected. Also applied where companies in the same industry or of the same type join together. Legal dictionary
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Conspiracy
A secret agreement between two or more persons made for the purpose of committing, by their joint efforts, some unlawful or criminal act, or some act which is in itself innocent, but which becomes unlawful when done by the concerted action of the conspirators, or for the purpose of using unlawful or criminal means to the commission of an act not in itself unlawful. Legal dictionary
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Constructive dismissal
Occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is in effect a termination giving rise to the employee acquiring the right to make claims against the employer for compensation. The employee may resign over a single serious incident or over a pattern of incidents. Generally, the employee must resign soon after the occurrence of the serious incident or the pattern of incidents. Legal dictionary
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Contempt of court
Open disrespect for or wilful disobedience of the authority of a court of law or legislative body, usually punishable by sanctions such as a fine or imprisonment. Legal dictionary
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Contra proferentum
Also known as interpretation against the draftsman, is a doctrine of contractual interpretation which provides that where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the party who provided/drafted the wording. Legal dictionary
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Contract
A legal document, usually in writing, giving details of a formal legally binding agreement, between two or more different people or groups. To be legally binding it must contain certain elements: it must contain an offer made by one party and accepted in its entirety by the other, it must include some form of consideration whether it be money, goods or services, and it must be properly signed by all parties to it, and dated. Legal dictionary
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Contributory negligence
The rule of law under which an act or omission of a claimant is a contributing cause of injury and possible bar to a complete recovery. It can be used as a defence to prevent a claimant from being awarded full damages if he or she did not take reasonable care of his or her self. In the United States, it is a defence that prevents a claimant from being awarded damages if he or she has knowingly and voluntarily accepted the risk of loss, injury or damage. Legal dictionary
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