Legal English - ťahák

Legal Enlish

Possesion:holding of a thing,physical control over a thing. Representations:statements made before forming a contract in the phase of negotiating a contract. If these statement are untrue,misleading-Misrepr. Inherit:exclude from so after they have died,disinherit:receive prop.from the rightvto receive a gift of interheritance.Amending:it can be done by making a codicil, document which is addedto the existing will,it amends the will or revokes its provisions.the codicil must meet the same requirement as the will.Revoking:revocation of an existing will and not executing a new one,execution of a new will-all previous will are revoked,new marriage automatically revokes the will,divorces doent revoke the will,destroying the will deliberately. Acceptance:the agreement to all terms of the offer.it must be unconditional.if the offeree introduces some changes to the terms,then no contract is formed and it constitutes a counter-offer.Acc.has to be communicated by the offeree to the offeroor. Consideration:for a contract to be enforceable,stg of value must be given,for ex.a price,benefit. Duress:any unfair pressure put on one party to enter into a contract. Frustration:without the fault of either party, unforeseeable event-makes the performance: impossible,illegal,radically different.Situations: impossibility of performance,ilegality of perf., radical change.Frustrated contract is held to be discharged,force-majeure clause-superior force,act of God. HARRASMENT:any unlawful n obsessive attentio of one indiv.that is intended to disturb,cause discomfort,anxienty and upset others. OWNERSHIP:expressed the relationship which exist betw.a person and certain rights that are vested in that person.Legal relationship,there is no need to possess the thing.Obtained by:creating sth,occupation,accession,succession.Forms:corporeal:physical,its the actual ownership,eg of a oiece of land or a thing,incorporeal:non physical,its ownership of a right now,sole ownership,co-ownership,ownership in common,joint ownership,tenancy by the entirenty. POSSESSION:itself a property right,it is the right under which an ind. Can exercise control and power over property to the exclusion of all others.gives the possessor the right to recover personal property that has been wrongfully taken,right to recover damages against wrongdoers.possession of a thing for long enough can become ownership,holding a thing,physical over a thing.Actual possession:exists when an indi.has a direct control over a particular object-you wear a particular piece of jewellery.Constructive possession:its power and intention of an individual to have control over a particular object-u have a key from a safe contains a piece of jewellery.compensatory damagas:are intended to achive no more than to recompense the injured party to the exent of the jury suffered.examplary damages:punish the def. N to defer others.awarded when the person who committed the tort intented to make a profit from his tortious action. LIBEL:made in permanent form,which means in a fixed medium a harmful statement made in writing,film,tv,is an actionable per se-there is no need for the claimant to prove that the defamatory statement caused special harm.SLANDER:defamatory statement made in non-permanent form-means it can be made by words,sounds,non actionable per se-claimant must prove that slander caused his some damage. causation:final element to estabilsh Negligence is the extent of damage attributable to defendant,no damage-no case. the claimant must prove ...