Legal dictionary
Available entries: 385 entries
Entries: 385
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Legal dictionary
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Fraudulent misrepresentation
Is broadly the act of making a false statement and can take various forms. It could be an intentional disregard of false or possibly false information; falsely entering into a contract; or causing loss based on false data leading to a contract. Legal dictionary
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Fundamental breach
Sometimes known as a repudiatory breach, is a breach of an essential part of a contract that it permits the distressed party to terminate performance of the contract, in addition to entitling that party to sue for damages. Legal dictionary
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Gagging order
An order usually made by a court restricting information or comment from being made public, or in some cases, passed onto any unauthorised third party. They may be used to protect legitimate trade secrets of a company, or the privacy of victims or minors. They may also limit the freedom of the press by censorship or restricting access to information. Legal dictionary
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Garden leave
The practice whereby an employee leaving a job, having resigned or had their employment terminated, is instructed to stay away from work during the notice period, while still remaining on the payroll. This practice is often used to prevent employees from taking with them up-to-date (and possibly sensitive) information when they leave their current employer, especially when they are leaving to join a competitor. Legal dictionary
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Garnishee proceedings
Court proceedings against a person who owes money to another person, and which could lead to the making of a garnishee order (allowing the taking away of part of the debtor’s income to pay the person or institution the money owed by the debtor). Legal dictionary
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Gazumping
Occurs when a seller (usually of property) accepts a verbal offer on his/her property from one potential buyer, but then accepts a higher offer from someone else. It can also refer to the seller raising the selling price or asking for more money at the last minute, after previously verbally agreeing to a lower one. Some jurisdictions have passed legislation making offers on real property binding at an early stage during the process of buying a property. Legal dictionary
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Gentleman’s agreement
An informal and legally non-binding agreement between two or more parties. It is typically made orally, though it may be written, or simply understood as part of an unspoken agreement by convention or through mutually beneficial etiquette. The essence of a gentleman’s agreement is that it relies upon the honour of the parties for its fulfilment, rather than in any way being enforceable. It is, therefore, distinct from a legal agreement or contract, which can be enforced if necessary. Legal dictionary
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Good standing
A person or organisation that is regarded as having complied with all of his or her explicit obligations and have unabated powers to conduct his or her activities. Legal dictionary
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Grace period
A period immediately after the deadline for the performance of an obligation during which a late fee or penalty, or other action would have been taken as a result of failing to meet the deadline, is waived provided that the obligation is satisfied during the grace period. Grace periods can range from a couple of minutes to a number of days or longer, depending on the context, and can apply in various situations, such as complying with a legal obligation by a specified deadline. Legal dictionary
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Grandfather clause
A provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from the new rule are said to have grandfather rights or acquired rights. Frequently, the exemption is limited; it may extend for a set period of time, or it may be lost under certain circumstances. Legal dictionary
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Guarantee
A formal promise by one party (the guarantor or surety) to another party (the creditor) to accept responsibility of a third party’s (the principal debtor) debt, if that third party cannot or refuses to pay it. Legal dictionary
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Guardian
A person lawfully invested with the power, and charged with the duty, of taking care of a person and/or managing the property rights of another person. Guardians are typically used in three situations; for an incapacitated senior (due to old age or infirmity), for a minor and for developmentally disabled adults. Legal dictionary
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Habeas corpus
Literally, ‘may you have the body’. It is a legal action that requires a person under arrest to be brought before the courts so that he or she can be released from unlawful detention where such detention lacks sufficient cause or evidence. Legal dictionary
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Habendum
The part of a deed or conveyance that states how much interest in the property will be transferred and how it will be transferred. Such clauses are a common feature of lease agreement that grant rights of occupation to individuals or companies either for a fixed period of time or for a period which may be ended at the will of one or both of the parties. Legal dictionary
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Harassment
Covers a wide range of behaviour of an offensive nature. It is commonly understood to be behaviour intended to disturb, threaten or upset, and it is characteristically repetitive. Legal dictionary
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