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Glossary
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abatement a court order to reduce the rent to be paid to compensate for a breach of the lease by the landlord absolute privilege exemption from liability for defamatory statements made in some settings (such as legislatures and courts), without reference to the speaker’s motives or the truth or falsity of the statement abuse of power an action by a tribunal beyond the jurisdiction set out in the legislation governing it, or in making an unreasonable decision acceleration clause a contractual term that comes into effect when there is a failure to make an instalment payment and which requires that the entire debt plus expenses be paid acceptance an agreement by one party to the terms of the offer made by another accord agreement by both parties on some change in the contract accord and satisfaction
agreement to end a contract with extra consideration to be supplied by the party benefiting from the discharge accounting a court-ordered determination of the injuries suffered; the agent must pay over money or property collected on behalf of the principal; a court order that any profits made from wrongdoing be paid over to the victim accounts receivable funds owed to a business for goods or services provided to customers actual authority authority given to an agent expressly or by implication adjusters representatives of the insurer who are charged with investigating and settling claims after the insured-against event occurs administrative law the rules and regulations governing the function and powers of the executive branch of government administrative tribunals specialized dispute adjudication forums created by statute, that have been given quasi-judicial powers to resolve disputes and enforce legislation adverse possession a right to actual possession, which can be acquired by non-contested use of the land affidavit a written statement made by a witness out of court but under oath
alternative dispute resolution (ADR) the use of processes such as negotiation, mediation, and arbitration to resolve disputes instead of court action annual general meeting a meeting where shareholders elect directors and vote on other important resolutions anticipatory breach repudiation of a contract before performance is due Anton Piller order a court order to seize offending material before trial; name derives from a prominent English case where the order was first used apparent authority authority as suggested to a third party by the conduct of a principal; may exist even when there is no actual authority appeal a formal process whereby a higher court will re-examine a decision made by a lower court applications for directions interim applications and questions that are brought before a judge (before the actual trial) for a ruling arbitration the submission of parties in a dispute to having an arbitrator make a binding decision on their claims arbitrator
a panel or other third party that has been given the authority to make a binding decision on a dispute between parties articles of association internal regulations setting out the procedures for governing a corporation in a registration jurisdiction articles of incorporation a method of incorporating based on a US approach and used in some jurisdictions in Canada assault a deliberate verbal or physical threat; an action that makes a person fear physical interference assignment the transfer of rights under a contract to another party assignment in bankruptcy the voluntary transfer of a debtor’s assets to a trustee in bankruptcy so that they can be administered for the benefit of the creditors attachment under the Personal Property Security Act , the situation in which value has been given pursuant to the contract, giving the creditor a claim against the assets used as security if there is a default by the debtor attachment of debt a court order that monies owed to the judgment debtor (defendant) by third parties be paid into court and applied toward judgment debts; also known as garnishment
bankrupt a person who has made an assignment in bankruptcy or been forced into bankruptcy through a court order obtained by a creditor, and who has not been discharged from bankruptcy bankruptcy the process by which an insolvent person voluntarily or involuntarily transfers assets to a trustee for distribution to creditors bankruptcy order a statutory assignment of a debtor’s assets to a trustee in bankruptcy bargaining agent a body certified to act on behalf of a group of employees or employers bargaining unit a group of employees who have been certified battery unwelcome physical contact; deliberate, non-consensual physical interference to someone’s body beyond a reasonable doubt the burden of proof in criminal matters; the government must provide evidence to convince the court that the accused committed the crime beyond a reasonable doubt; the accused will be found “not guilty” if there is reasonable doubt that he committed the crime bias prejudice against or partiality toward one party, for example, based on a decision maker’s personal interest in the decision
bilateral contract a contract in which there is an exchange of promises: both parties assume an obligation bilateral discharge agreement by both sides to terminate the contract or to disregard a term of the contract bill a draft of a proposed law introduced before Parliament or a legislature bill of exchange a negotiable instrument by which the drawer directs the drawee to pay out money to the payee; drawee need not be a bank, and the instrument may be made payable in the future bill of lading a receipt for goods in the care of the shipper accompanied by contract of carriage terms to move the goods or deliver identical goods to a designated place bill of sale a written agreement that conveys title from seller to buyer bona fide purchaser for value an innocent third party who has paid a fair price for goods under claim by a creditor bond a share interest in the indebtedness of a corporation; often used synonymously with “debenture,” though a bond is normally secured against specific assets, while a debenture is likely not
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canon or church law the legal system of the Catholic Church, from which common law drew principles relating to families and estates capacity an element of a valid contract; the freedom to enter into a contract, which is sometimes limited by law as is the case, for example, with minors, the insane, the intoxicated, aliens, bankrupts, and Indians causation the fact of being the cause of something happening caveat emptor “let the buyer beware”; a principle that the purchaser must examine, judge, and test for herself certificate of title conclusive evidence as to the ownership of a property certified cheque a means of transferring funds by cheque where payment is, in effect, guaranteed by the bank certiorari a court order overturning a decision and making it null and void chattel mortgage
a loan for which a creditor provides credit to the debtor, securing the loan by taking title of a good such as a car chattels tangible, movable personal property that can be measured and weighed; also known as goods check-off provision a provision in a collective agreement whereby employees agree to have the employer deduct union dues from their payroll cheque a negotiable instrument consisting of a bill of exchange drawn on a bank, payable on demand chose in action the thing or benefit that is transferred in an assignment; intangible personal property, such as a claim or the right to sue CIF (cost, insurance, and freight) contracts sales contracts in which one of the parties has been designated as being responsible for paying the costs involved in the shipping the goods as well as arranging insurance circumstantial evidence testimony not based on actual observation or personal knowledge; evidence that leads one to infer the existence of other facts civil law legal system the legal system used in most of Europe based on a central code, which is a list of rules stated as broad principles of law that judges apply to the cases that come before them
co-insurance clauses requirements that the insured bear some risk collateral goods or property used to secure a debt collateral contract a separate contractual obligation that can stand alone, independent of the written contract collective bargaining a procedure for settling terms and conditions of employment by negotiation between an employer and its employees as expressed through representatives chosen by them common law legal system the legal system developed in England based on judges applying the customs and traditions of the people and then following each other’s decisions common law courts the three historical English courts (the Court of Common Pleas, the Court of King’s Bench, and the Exchequer Court), where in theory law was discovered in the customs and traditions of the people common shareholders holders of common shares who do not have any preferential rights or privileges common shares shares to which no preferential rights or privileges are attached
comprehensive policy property insurance covering all losses not specifically excluded conditional sale a sale in which the seller provides credit to the purchaser, holding title until the goods are paid for conditions major terms of a contract condition precedent a condition under which the obligations of a contract will begin; also called “subject-to” clause condition subsequent a condition under which the obligations of a contract will end Confederation the process that united the British colonies in North America as the Dominion of Canada in 1867 confidential information private information, the disclosure of which would be injurious to a business; a type of intellectual property confirmed letter of credit a document, ratified by the lender, that secures or guarantees the financial aspects of a trade transaction conflict of laws when there are differences between the laws of different jurisdiction, including provinces and countries
a fee paid to a lawyer that is based on a percentage of the sum recovered by the client continuing guarantee a provision in a guarantee allowing the creditor to advance further funds without affecting the obligation of the guarantor to pay in the event of default continuing trespass a permanent incursion onto the property of another contract a voluntary exchange of promises creating obligations that, if defaulted on, can be enforced and remedied in the courts contra proferentum rule a rule of interpretation; ambiguous provisions in a written contract are to be construed against the party that drafted the agreement contributory negligence a failure to take reasonable care, which contributes to the injury complained of control test a test of whether an employment relationship exists based on whether the person being paid for work is told how, when, and where to do it conversion intentional appropriation of the goods of another person for the appropriator’s own purposes cooling-off period
a statutorily defined period during which purchasers in door-to-door sales may change their minds and rescind a contract cooperative an independent legal entity composed of members holding shares in it; a method of acquiring residential accommodation copyright control over the use and reproduction of the expression of creative work; type of intellectual property corporate myth a corporation is a legal fiction corporate social responsibility a corporation’s environmental, social, and economic performance and the impact of the corporation on its internal and external stakeholders corporation a business organization that is a separate legal entity from its owners, the shareholders counterclaim a statement of claim by the defendant alleging that the plaintiff is responsible for the losses suffered and claiming back against the plaintiff for those losses counteroffer a new offer, the proposal of which rejects and terminates the offer available until then Court of Chancery
deceit this tort involves the fraudulent and intentional misleading of another person causing injury; declaration an official statement by the court on the law applicable to a particular case as an outcome of a trial declaratory judgment a declaration by the court as to what the law is in any matter brought before it deed of conveyance a document transferring an interest in property deeds of settlement contracts used historically for setting up a company defamation a derogatory, false statement published to a person’s detriment delegation entrusting someone else to act in one’s place; an agent normally cannot delegate his responsibilities to someone else delivery up an order directing the defendant to deliver all copies of the infringing items in her possession or control to the copyright owner deposit money prepaid with the provision that the funds are to be forfeited in the event of a breach of contract
derivative action a lawsuit in which certain shareholders are given the right to launch a civil action against the directors on behalf of an injured corporation ; also called a representative action detinue a wrongful retention of goods, that may have been legally obtained but subsequently not returned in response to a proper request direct sales sales made to consumers at their dwellings or places of business; also known as door-to-door sales disbursements out-of-pocket costs incurred by the lawyer on the client’s behalf discharge by agreement agreement by the parties that a contract is ended discovery pre-trial disclosure of information, consisting of discovery of documents and examination for discovery discovery of documents pre-trial inspection of any document that is held by the other party and may be used as evidence dissent and appraisal the right of minority shareholders who are adversely affected by major changes to indicate their opposition and force the corporation to buy back their shares at a fair price
