legal definition of fortuitous
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fortuitously for·tu′i·tous·ness n. Usage Note: The traditional meaning of fortuitous is happening by chance, accidental.. Perhaps because many chance events are favorable or because of the similarity of fortuitous to fortunate and felicitous, fortuitous has acquired the meaning characterized by good fortune, lucky..
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- Definition of RETROACTIVE LAW. : a law that operates to make criminal or punishable or in any way expressly affects an act done prior to the passing of the law — compare ex post facto law.
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Trendline Break (The Only System You Need) Once a price action reversal has taken place, wait for price action to break the trendline downwards. Enter at the close of the candle that broke through the trendline. My favorite timeframe is the 5min chart but this is a strategy that could be used on ALL timeframes.
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- Definition of adventitious. 1  1 : coming from another source and not inherent or innate a Federal house without adventitious later additions adventitious influences. 2  2 : arising or occurring sporadically or in other than the usual location adventitious roots.
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rule against perpetuities : a common-law rule stating that in order for a future interest to be good it must vest after its creation (as at the death of a testator) within a life in being or lives in being plus 21 years plus the period of gestation of any beneficiary conceived but not yet born — compare life in being, statutory rule against perpetuities, wait and see.
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- Ab Initio Definition: Latin: from the start; from the beginning. A proposition in law that as within a court's jurisdiction, a certain document which purports to affect legal rights, or an act which purports to affect legal rights, is or was nul and void from the start, from its beginning, because of some vitiating element.
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gratuitous Gratuitous. Bestowed or granted without consideration or exchange for something of value. The term gratuitous is applied to deeds, bailments, and other contractual agreements. A gratuity is something given by someone who has no obligation to give and can be used in reference to a bribe or tip. gratuitous. adj. or adv. voluntary or free. gratuitous
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capricious Legal Definition of capricious. 1  1 : governed or characterized by impulse or whim: as a : lacking a rational basis b : likely to change suddenly. 2  2 : not supported by the weight of evidence or established rules of law —often used in the phrase arbitrary and capricious.
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- Share This Page. Related Terms: Void or Void Ab Initio, Voidable. A proposition in law that as within a court's jurisdiction, a certain document which purports to affect legal rights, or an act which purports to affect legal rights, is or was nul and void from the start, from its beginning, because of some vitiating element.
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List of Latin legal terms An a fortiori argument is an argument from a stronger reason, meaning that because one fact is true, that a second related and included fact must also be true. /ˌeɪ fɔːrtiˈoʊraɪ/, /ˌeɪ fɔːrʃiˈoʊraɪ/. a mensa et thoro. from table and bed. Divorce a mensa et thoro indicates legal separation without legal divorce.
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- An annulment (or “nullity of marriage” or “nullity of domestic partnership”) is when a court says your marriage or domestic partnership is NOT legally valid. After an annulment, it is like your marriage or domestic partnership never happened because it was never legal.
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What is the definition of legalism? What is the legal definition of conditionally stayed? A conditional stay of legal proceedings is a temporary suspension of the action. Because it is conditional, it means that it is dependent on something.
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- Alimony definition, Law. an allowance paid to a person by that person's spouse or former spouse for maintenance, granted by a court upon a legal separation or a divorce or while action is pending. See more.
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genuitin English la Amoto Iesu, destituitur sibi humana ratio, maximo orbata praesidio et lumine: tum ipsa facile obscuratur notio caussae, quae causa, Deo auctore, genuit communem societatem, quaeque in hoc consistit maxime ut, civili coniunctione adiutrice, consequantur cives naturale bonum, sed prorsus summo illi, quod supra naturam est perfectissimoque et perpetuo bono convenienter.
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- This is called a legal remedy or remedy at law, because the. imposition of money damages in our legal system originated in courts of law. A person. who has been injured by a breach of contract is entitled to recover compensatory. damages.
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De Minimis De Minimis. An abbreviated form of the Latin Maxim de minimis non curat lex, the law cares not for small things.. A legal doctrine by which a court refuses to consider trifling matters. In a lawsuit, a court applies the de minimis doctrine to avoid the resolution of trivial matters that are not worthy of judicial scrutiny.
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- Legal Definition of reasonable. 1a : being in accordance with reason, fairness, duty, or prudence b : of an appropriate degree or kind c : supported or justified by fact or circumstance a reasonable belief that force was necessary for self-defense d : commercially reasonable.
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JURISDICTION OF SMALL CAUSE COURTS IN EVICTING GRATUITOUS LICENSEE = i) Whether the expression âLicenseeâ used in section 41 (1) in Chapter VII of PSCC Act, not having been defined therein, would derive its meaning from the expression âlicenseeâ as used in sub- section (4A) of section 5 of the Rent Act and/or whether the expression âlicenseeâ used in section 41 (1) of PSCC Act is a term of wider import so as to mean and include a âgratuitous licenseeâ also? ii) Whether a suit by a âlicensorâ against a âgratuitous licenseeâ is tenable before the Presidency Small Cause Court under section 41 of PSCC Act? = whether a suit filed by a licensor against a gratuitous licensee under Section 41 (1) of the Presidency Small Causes Courts Act, 1882 (for short âthe PSCC Actâ), as amended by the Maharashtra Act No.XIX of 1976 (for short â1976 Amendment Actâ) is maintainable before a Small Causes Court, Mumbai. 3. The Division Bench of the Bombay High Court in Ramesh Dwarikadas Mehra v. Indirawati Dwarika Das Mehra (AIR 2001 Bombay 470) held that a suit by a licensor against a gratuitous licensee is not tenable before the Presidency Small Causes Court under Section 41 (1) of the PSCC Act, and it should be filed before the City Civil Court or the High Court depending upon the valuation. The Division Bench held that the expression âlicenseeâ used in Section 41 (1) of the PSCC Act has the same meaning as in Section 5 (4A) of the Bombay Rents, Hotels and Lodging House Rates (Control) Act, 1947 (in short âthe Rent Actâ). Further it was held that the expression âlicenseeâ as used in Section 5 (4A) does not cover a gratuitous licensee. The Division Bench in that case rejected the ejectment application holding that the Small Causes Court at Bombay lacked jurisdiction. We are of the view that in such a situation the court also should give a liberal construction and attempt should be to achieve the purpose and object of the legislature and not to frustrate it. In such circumstances, we are of the considered opinion that the expression licensee employed in Section 41 is used in general sense of term as defined in Section 52 of the Indian Easement Act. 52. We have elaborately discussed the various legal principles and indicated that the expression âlicenseeâ in Section 41 (1) of the PSCC Act would take a gratuitous licensee as well. The reason for such an interpretation has been elaborately discussed in the earlier part of the judgment. Looking from all angles in our view the expression âlicenseeâ used in the PSCC Act does not derive its meaning from the expression âlicenseeâ as used in Sub-section (4A) of Section 5 of the Rent Act and that the expression âlicenseeâ used in Section 41 (1) is a term of wider import intended to bring in a gratuitous licensee as well. 53. We are, therefore, in complete agreement with the reasoning of the Full Bench of the High Court. In such circumstances, the appeals lack merits and are, therefore, dismissed. There is no order as to costs. The Division Bench of the Bombay High Court in Ramesh Dwarikadas. Mehra v. Indirawati Dwarika Das Mehra (AIR 2001 Bombay 470) held that a. suit by a licensor against a gratuitous licensee is not tenable before the. Presidency Small Causes Court under Section 41 (1) of the PSCC Act, and it. should be filed before the City Civil Court or the High Court depending. upon the valuation. The Division Bench held that the expression “licensee”. used in Section 41(1) of the PSCC Act has the same meaning as in Section 5.
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Performance improvement plans: essential information for employees Performance improvement plans: essential information for employees. 1  A performance improvement plan can help you improve at work, but it also protects employers against unfair dismissal claims. 2  A performance improvement plan can help you improve at work, but it also protects employers against unfair dismissal claims.
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Sedition Legal Abbreviations and Acronyms. Search for legal acronyms and/or abbreviations containing Fortuitous in the Legal Abbreviations and Acronyms Dictionary. The Legal Abbreviations and Acronyms Dictionary entries include explanations of the context of abbreviations or acronyms as well as the direct meaning.
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Annulment Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. In legal terminology, an annulment makes a void marriage or a voidable marriage null.
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tort actus reus, wrongful conduct, misconduct, wrongdoing - activity that transgresses moral or civil law; he denied any wrongdoing. alienation of affection - a tort based on willful and malicious interference with the marriage relation by a third party without justification or excuse. invasion of privacy - the wrongful intrusion by individuals or the government into private affairs with which the public has no concern.
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opinio juris (international law) Whether the practice of a state is due to a belief that it is legally obliged to do a particular act is difficult to prove objectively. Therefore, opinio juris is an unsettled and debated notion in international law.
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modus (law) A fixed compensation or equivalent given instead of payment of tithes in kind, expressed in full by the phrase modus decimandi.
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- 4. ( 1 Roman law) a contract by which one person commissions another to act for him gratuitously and the other accepts the commission. ( 2 contract law) a contract of bailment under which the party entrusted with goods undertakes to perform gratuitously some service in respect of such goods.
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Definitions &Translations The person is considered to have received notice even if they were not aware of it. The phrase legal fiction should not be construed to mean that the concept of Constructive Notice is legally invalid.