Legal dictionary
Available entries: 385 entries
Entries: 385
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Eviction
The removal a tenant from possession of a premises in which he or she resides or has a property interest carried by a landlord either by re-entry on the premises or by court action. Legal dictionary
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Evidence
Any matter of fact that a party to a claim or action offers to provide to prove or disprove an issue in the case. The strongest type of evidence is that which provides direct proof of the truth of an assertion. At the other extreme is evidence that is merely consistent with an assertion but does not rule out other, contradictory assertions, and may be viewed as circumstantial evidence. Legal dictionary
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Ex gratia payment
Money paid where there is no legal obligation to do so. For example, by an employer to an employee or to compensate victims of an accident; the organisation making the payment does not admit any legal responsibility. Legal dictionary
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Ex parte
Is a judicial proceeding conducted for the benefit of only one party. The term ex parte is used in a case name to signify that the case was brought by the person whose name follows the term. Ex parte applications are often made when the application is for an injunction. Legal dictionary
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Exclusion clause
Is a clause in a contract stating that a party is not liable for what would otherwise be a breach, or that his liability for that particular breach is limited. A true exclusion clause recognises a potential breach of contract and then excludes liability for it. Alternatively, the liability for the breach may be limited to a certain amount, or the claim for any loss as a result of a particular breach must be commenced within a certain period of time. Legal dictionary
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Express contract
A contract in which all elements of a contract are specifically stated (offer, acceptance and consideration), and the terms are set out, as compared with an implied contract in which the existence of the contract is assumed by the circumstances. Legal dictionary
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Extenuating circumstances
Usually applied in criminal cases, they are unusual or extreme facts leading up to or attending the perpetration of a crime which, although committed without legal justification or excuse, mitigate or reduce its gravity from the point of view of punishment or moral opprobrium. Legal dictionary
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Fair wear and tear
Acceptable damage or signs of use caused by the normal use of something, such as a carpet, machine or paintwork. Legal dictionary
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Fatwa
An official statement or order issued by a Muslin religious leader or cleric, usually regarded as being legally binding or creating a legal duty. Legal dictionary
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Feasible
Capable of being carried out or likely to be successful. Legal dictionary
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Fiduciary
A person with a duty to act for another person’s benefit and who assumes a duty to act in good faith and with care, candor and loyalty in fulfilling this obligation of trust. A fiduciary relationship encompasses the elements of faith and confidence and is generally established only when the confidence given by one person is actually accepted by the other person. Mere respect for another individual’s judgment or general trust in his or her character is ordinarily insufficient for the creation of a fiduciary relationship. The duties of a fiduciary include loyalty and reasonable care of the assets within custody. All of the fiduciary’s actions are performed for the advantage of the beneficiary. Legal dictionary
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Floating charge
Is a security interest over a fund of changing assets of a company or a limited liability partnership (LLP) which ‘floats’ or ‘hovers’ until the point at which it is converted into a fixed charge, at which point the charge attaches to a specific asset of the company or LLP. This conversion into a fixed charge is called crystallisation and can be triggered by a number of events, including non-payment or the commencement of insolvency proceedings. Legal dictionary
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Force majeure
A common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties such as war, strike, riot, crime, or an event known as an act of God (such as a hurricane, flooding, earthquake, volcanic eruption etc.), prevents one or both parties from fulfilling their obligations under the contract. In practice, most force majeure clauses do not exclude a party’s non-performance entirely, but only suspends it for the duration of the force majeure event. Legal dictionary
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Foreseeable
A foreseeable event, time or situation is one that can be easily known about, imagined or guessed before it happens. It is an established legal principle that damages can only be recovered where it can be shown that the loss or injury caused by the defaulting party could be reasonably expected at the time that the event or situation occurred. Legal dictionary
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Franchise
A right that someone buys from a company to sell its goods or services, especially in a particular area. In its simplest terms, a franchise is a licence from an owner of a trademark or trade name permitting another to sell a product or service under that mark or name. More broadly stated, a franchise has evolved into an elaborate agreement under which the franchisee undertakes to conduct a business or sell a product or service in accordance with methods and procedures prescribed by the franchisor, and the franchisor undertakes to assist the franchisee through the advertising, promotion and other advisory services. Legal dictionary
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