Definitions Flashcards
Ab initio
From the beginning
Action
A civil proceeding commenced by writ, summons or statement of claim or in such other manner as may be allowed by the court rules.
Ad hoc
For this purpose
Ad idem
In agreement; In accord
Ante
Earlier; Previously
Attachment
Attachment of debts
Baliee/ Bailor
Parties to Bailment
Bond
A contract under seal to pay a sum of money
Broker
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
Caveat
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
Caveat Emptor
Let the buyer beware
Company
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
Consensus ad idem
agreement as to the same thing
Contra Proferentum
Contrary to the interest of the party who prepared and seeks to rely upon ambigous documents
De facto
In fact.
De jure
By right
De minimis non curat lex
The law does not concern itself with small things
De novo
Anew
Debt
A certian sum due from one person to another, either record or under specialty or under simple contract
Deed
A written instrument signed, sealed and delivered or deemed by stature to be so, to testify to the matter contained therein
Default
Ommision to do what ought to be done
Discharge
Release of a bankrup from all debts provable in bankrupty
Donee/ Donor
A person who recieves/ makes a gift
Ex Gratia
As a favour, rather than on the basis of legal liability
Goods
A class of personal property. The word is usually limited to moveable.
Gift
The passing of property from one person to another without consideration
Injunction
An order or decree by which a party to an action is required to do or refrain from doing, a particular thing
Inter se
Among themselves
Intra vires
Within legal powers
Liability
Subjection to an obligation; or the obligation itself.
Minor
A person under 18 years old
Prima Facie
On the face of things
Status quo ante
The state in which things were prior to some assumed event
Torrens title
A title to land under the system of title by registration which was introduced in South Australia.
Ultra Vires
Beyond legal power.
Inter alia
Among other things
