Definitions Flashcards

(36 cards)

1
Q

Ab initio

A

From the beginning

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2
Q

Action

A

A civil proceeding commenced by writ, summons or statement of claim or in such other manner as may be allowed by the court rules.

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3
Q

Ad hoc

A

For this purpose

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4
Q

Ad idem

A

In agreement; In accord

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5
Q

Ante

A

Earlier; Previously

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6
Q

Attachment

A

Attachment of debts

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7
Q

Baliee/ Bailor

A

Parties to Bailment

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8
Q

Bond

A

A contract under seal to pay a sum of money

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9
Q

Broker

A

A mercantile agent for the purchase and sale of goods, stocks and shares, policies or insurance etc. Remuneration for the broker is known as brokerage

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10
Q

Caveat

A

A warning made in proper form to a court or registrar to prevent any step being taken without notice first given to the person entering the caveat

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11
Q

Caveat Emptor

A

Let the buyer beware

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12
Q

Company

A

A body of persons asscociated together for the purpose of trade or business. It may be incorporated by; (a) Royal Charter, (b) special Act of Parliament or (c) registration under the corporations Act

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13
Q

Consensus ad idem

A

agreement as to the same thing

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14
Q

Contra Proferentum

A

Contrary to the interest of the party who prepared and seeks to rely upon ambigous documents

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15
Q

De facto

A

In fact.

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16
Q

De jure

17
Q

De minimis non curat lex

A

The law does not concern itself with small things

18
Q

De novo

19
Q

Debt

A

A certian sum due from one person to another, either record or under specialty or under simple contract

20
Q

Deed

A

A written instrument signed, sealed and delivered or deemed by stature to be so, to testify to the matter contained therein

21
Q

Default

A

Ommision to do what ought to be done

22
Q

Discharge

A

Release of a bankrup from all debts provable in bankrupty

23
Q

Donee/ Donor

A

A person who recieves/ makes a gift

24
Q

Ex Gratia

A

As a favour, rather than on the basis of legal liability

25
Goods
A class of personal property. The word is usually limited to moveable.
26
Gift
The passing of property from one person to another without consideration
27
Injunction
An order or decree by which a party to an action is required to do or refrain from doing, a particular thing
28
Inter se
Among themselves
29
Intra vires
Within legal powers
30
Liability
Subjection to an obligation; or the obligation itself.
31
Minor
A person under 18 years old
32
Prima Facie
On the face of things
33
Status quo ante
The state in which things were prior to some assumed event
34
Torrens title
A title to land under the system of title by registration which was introduced in South Australia.
35
Ultra Vires
Beyond legal power.
36
Inter alia
Among other things