Definitions Flashcards

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

A

By right

17
Q

De minimis non curat lex

A

The law does not concern itself with small things

18
Q

De novo

A

Anew

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
Q

Goods

A

A class of personal property. The word is usually limited to moveable.

26
Q

Gift

A

The passing of property from one person to another without consideration

27
Q

Injunction

A

An order or decree by which a party to an action is required to do or refrain from doing, a particular thing

28
Q

Inter se

A

Among themselves

29
Q

Intra vires

A

Within legal powers

30
Q

Liability

A

Subjection to an obligation; or the obligation itself.

31
Q

Minor

A

A person under 18 years old

32
Q

Prima Facie

A

On the face of things

33
Q

Status quo ante

A

The state in which things were prior to some assumed event

34
Q

Torrens title

A

A title to land under the system of title by registration which was introduced in South Australia.

35
Q

Ultra Vires

A

Beyond legal power.

36
Q

Inter alia

A

Among other things