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Available entries: 401 entries
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Libel
To publish in print (including pictures), writing or broadcast through radio, television or film, a lie about another which will do harm to that person or his/her reputation, by bringing the person targeted into ridicule, hatred, scorn or contempt of others. It is a civil wrong and exposes the party that publishes the lie to be sued for damages by the person that can prove the statement about him/her was a lie. Publication need only to be made to one person, but it must be a statement that claims to be fact, and is not clearly identified as an opinion. Although it is sometimes said that the person that makes the statement must have been intentional and malicious, in reality it need only be obvious that the statement would do harm and is untrue. Proof of malice entitles the injured party to sue for general damages for damage to reputation, while an inadvertent libel limits the damages to actual harm called special damages. Legal dictionary
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Actus reus
Also known as the external element or the objective element of a crime. It is the Latin term for a guilty act which, when proved beyond a reasonable doubt in combination with the mens rea, produces criminal liability. Legal dictionary
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Course of business
Activities that are normal and necessary for running a business, as opposed to out of the ordinary activities. Legal dictionary
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Double taxation treaty
An agreement between two countries to prevent taxpayers being liable for tax on the same money under both tax systems. Legal dictionary
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Res ipsa loquitur
Latin phrase meaning ‘the facts speak for themselves’. It is a doctrine that infers negligence from the very nature of an accident or other outcomes, even without any direct evidence as to how the defendant behaved. Usually, in accident cases, it is necessary to prove the elements of negligence, namely, the duty of care, breach of that duty, causation and injury. Where res ipsa loquitur applies, the duty of care, breach and causation are inferred. Legal dictionary
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Pre-emption
To set up a prior claim, or the right to gain an advantage before anyone else. Legal dictionary
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Paralegal
A person who is not a qualified or licensed lawyer but has some knowledge that enables such person to assist lawyers in a number of tasks. A paralegal usually acts as an enhancement of a lawyer performing specifically delegated legal work for which a lawyer is ultimately responsible. In order to become a paralegal, it is generally necessary to go through a training and/or take some classes in law. In most jurisdictions, paralegals are not allowed to provide legal services directly to the public on their own and must work under an attorney or law firm. Legal dictionary
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Chattel
Moveable or personal property that is capable of being owned, or any property that is not land. Legal dictionary
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Conveyance
The transfer of property rights in land from one person to another or an instrument used to transfer title to property. Legal dictionary
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Repudiatory breach
A breach of contract that is so fundamental that it permits the injured party to terminate the performance of the contract, in addition to entitling that party to sue for damages. Legal dictionary
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Ijara
An Arabic word meaning rent. It is a sharia-compliant form of mortgage similar to rent to own, or rent with acquisition. Legal dictionary
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Trespass
Is made up of three separate groups; trespass to land, trespass to the person and trespass to chattels. Trespass to land is generally the tort most commonly associated with the term. It takes the form of wrongful interference with another’s possessory rights in real property. Trespass to the person can be an assault (any act of such a nature as to excite the apprehension of battery); battery (any intentional and unpermitted contact with a person) and false imprisonment (the unlawful obstruction or deprivation of freedom of movement). Trespass to chattels is an intentional interference with the possession of personal 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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Petition
The title of a formal legal document that initiates legal proceedings in a civil case, and which forms part of the pleadings in the case. 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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