|
 |
||
 |
| This dictionary contains: 8526 juridical terms |
 |
Fundamental breach
|
|
Fundamental breachA common law principle first developed in English decisions in the 1930's, which became very popular in the U.K. and British Commonwealth jurisdictions in the 1960's, prior to the enactment of consumer protection legislation. By virtue of this doctrine, a party who had committed an intentional breach of contract so serious as to "go to the root of the contract", depriving the other contracting party of substantially the whole benefit of the contract, was held to have fundamentally breached the contract and was consequently deprived of the protection of limitation and exception clauses in the contract.
RELATED TERMS--------------------------------------
Common
marriage law. a marriage in which no formal ceremony took place and no license exists.
Commonwealth
Government. A commonwealth is properly a free state, or republic, having a popular or representative government.
Enactment
A law or a statute; a document which is published as an enforceable set of written rules is said to be "enacted".
Protection
1) English law. A privilege granted by the king to a party to an action, by which he is protected from a judgment which would otherwise be rendered against him. 2) Government. That benefit or safety which the government affords to the citizens. 3) merc. law. The name of a document generally given by notaries public, to sailors and other persons going abroad, in which is certified that the bearer therein named, is a citizen of the United States.
Legislation
Written and approved laws. Also known as "statutes" or "acts." In constitutional law, one would talk of the "power to legislate" or the "legislative arm of government" referring to the power of political bodies (eg: house of assembly, Congress, Parliament) to write the laws of the land.
Doctrine
A rule or principle or the law established through the repeated application of legal precedents.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Breach
The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any condition of a contract.
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
Root
That part of a tree or plant under ground from which it draws most of its nourishment from the earth.
Benefit
This word is used in the same sense as gain and profits.
Limitation
Estates. When an estate is so expressly confined and limited by the words of its creation, that it cannot endure for a longer time than till the contingency shall happen, upon which the estate is to fail, this is denom-inated a limitation; as, when land is granted to a man while he continues unmarried, or until the rents and profits shall have made a certain sum, and the like; in these cases the estate is limited, that is, it does not go beyond the happening of the contingency.
Exception
1) English Eq. practice. Re-interrogation. 2) Legislation, construction. Exceptions are rules which limit the extent of other more general rules, and render that just and proper, which would be, on account of its generality, unjust and improper.
SIMILAR TERMS--------------------------------------
Fundamental
This word is applied to those laws which are the foundation of society. Those laws by which the exercise of power is restrained and regulated, are fundamental. The Constitution of the United States is the fundamental law of the land.
Funded debt
That part of the national debt for which certain funds are appropriated towards the payment of the interest.
Funding system
English law. The name given to a plan which provides that on the creation of a public loan, funds shall immediately be formed, and secured by law, for the payment of the interest, until the state shall redeem the whole, and also for the gradual redemption of the capital itself. This gradual redemption of the capital is called the sinking of the debt, and the fund so appropriated is called the sinking fund.
Funds
Cash on hands; as, A B is in funds to pay my bill on him; stocks, as, A B has $1000 in the funds. By public funds is understood, the taxes, customs, &c . appropriated by the, government for the discharge of its obligations.
Fundus
Civil law. Any portion of land whatever, without considering the use or employ to which it is applied.
PREVIOUS AND NEXT TERMS--------------------------------------
Function
Office. Properly, the occupation of an office; by the performance of its duties, the officer is said to fill his function.
Functional interest analysis
Arthur Taylor von Mehren (supra) and Donald T. Trautman introduced a method of weighing governmental interest, unlike the lex fori rule advocated in Currie's governmental interest analysis. Von Mehren and Trautman called their approach "functional interest analysis", and listed the criteria to be considered when weighing one government's interest against the other. The law to apply using functional analysis would be the law of the jurisdiction with the greatest weight. Multijurisdictional rules were advocated where weighing did not provide a solution.
Functionary
One who is in office or in some public employment.
Functus officio
This term is applied to something which once had life and power, but which now has no virtue whatsoever; as, for example, a warrant of attorney on which a judgment has been entered, is, functus officio, and a second judgment, cannot be entered by virtue of its authority. When arbitrators cannot agree and choose an umpire, they are said to be functi officio. If a bill of exchange be sent to the drawee, and he passes it to the credit of the holder, it is functus officio, and cannot be further negotiated. When an agent has completed the business with which he was entrusted,.his agency is functus officio.
Fundamental
This word is applied to those laws which are the foundation of society. Those laws by which the exercise of power is restrained and regulated, are fundamental. The Constitution of the United States is the fundamental law of the land.
Fundamental breach
Funded debt
That part of the national debt for which certain funds are appropriated towards the payment of the interest.
Funding system
English law. The name given to a plan which provides that on the creation of a public loan, funds shall immediately be formed, and secured by law, for the payment of the interest, until the state shall redeem the whole, and also for the gradual redemption of the capital itself. This gradual redemption of the capital is called the sinking of the debt, and the fund so appropriated is called the sinking fund.
Funds
Cash on hands; as, A B is in funds to pay my bill on him; stocks, as, A B has $1000 in the funds. By public funds is understood, the taxes, customs, &c . appropriated by the, government for the discharge of its obligations.
Fundus
Civil law. Any portion of land whatever, without considering the use or employ to which it is applied.
Funeral expenses
Money expended in procuring the interment of a corpse. The person who orders the funeral is responsible personally for the expenses, and if the estate of the deceased should be insolvent, he must lose the amount. But if there are assets sufficient to pay these expenses, the executor or administrator is bound, upon an implied assumpsit, to pay them.
RELATED TERMS--------------------------------------
Common
marriage law. a marriage in which no formal ceremony took place and no license exists.
Commonwealth
Government. A commonwealth is properly a free state, or republic, having a popular or representative government.
Enactment
A law or a statute; a document which is published as an enforceable set of written rules is said to be "enacted".
Protection
1) English law. A privilege granted by the king to a party to an action, by which he is protected from a judgment which would otherwise be rendered against him. 2) Government. That benefit or safety which the government affords to the citizens. 3) merc. law. The name of a document generally given by notaries public, to sailors and other persons going abroad, in which is certified that the bearer therein named, is a citizen of the United States.
Legislation
Written and approved laws. Also known as "statutes" or "acts." In constitutional law, one would talk of the "power to legislate" or the "legislative arm of government" referring to the power of political bodies (eg: house of assembly, Congress, Parliament) to write the laws of the land.
Doctrine
A rule or principle or the law established through the repeated application of legal precedents.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Breach
The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any condition of a contract.
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
Root
That part of a tree or plant under ground from which it draws most of its nourishment from the earth.
Benefit
This word is used in the same sense as gain and profits.
Limitation
Estates. When an estate is so expressly confined and limited by the words of its creation, that it cannot endure for a longer time than till the contingency shall happen, upon which the estate is to fail, this is denom-inated a limitation; as, when land is granted to a man while he continues unmarried, or until the rents and profits shall have made a certain sum, and the like; in these cases the estate is limited, that is, it does not go beyond the happening of the contingency.
Exception
1) English Eq. practice. Re-interrogation. 2) Legislation, construction. Exceptions are rules which limit the extent of other more general rules, and render that just and proper, which would be, on account of its generality, unjust and improper.
SIMILAR TERMS--------------------------------------
Fundamental
This word is applied to those laws which are the foundation of society. Those laws by which the exercise of power is restrained and regulated, are fundamental. The Constitution of the United States is the fundamental law of the land.
Funded debt
That part of the national debt for which certain funds are appropriated towards the payment of the interest.
Funding system
English law. The name given to a plan which provides that on the creation of a public loan, funds shall immediately be formed, and secured by law, for the payment of the interest, until the state shall redeem the whole, and also for the gradual redemption of the capital itself. This gradual redemption of the capital is called the sinking of the debt, and the fund so appropriated is called the sinking fund.
Funds
Cash on hands; as, A B is in funds to pay my bill on him; stocks, as, A B has $1000 in the funds. By public funds is understood, the taxes, customs, &c . appropriated by the, government for the discharge of its obligations.
Fundus
Civil law. Any portion of land whatever, without considering the use or employ to which it is applied.
PREVIOUS AND NEXT TERMS--------------------------------------
Function
Office. Properly, the occupation of an office; by the performance of its duties, the officer is said to fill his function.
Functional interest analysis
Arthur Taylor von Mehren (supra) and Donald T. Trautman introduced a method of weighing governmental interest, unlike the lex fori rule advocated in Currie's governmental interest analysis. Von Mehren and Trautman called their approach "functional interest analysis", and listed the criteria to be considered when weighing one government's interest against the other. The law to apply using functional analysis would be the law of the jurisdiction with the greatest weight. Multijurisdictional rules were advocated where weighing did not provide a solution.
Functionary
One who is in office or in some public employment.
Functus officio
This term is applied to something which once had life and power, but which now has no virtue whatsoever; as, for example, a warrant of attorney on which a judgment has been entered, is, functus officio, and a second judgment, cannot be entered by virtue of its authority. When arbitrators cannot agree and choose an umpire, they are said to be functi officio. If a bill of exchange be sent to the drawee, and he passes it to the credit of the holder, it is functus officio, and cannot be further negotiated. When an agent has completed the business with which he was entrusted,.his agency is functus officio.
Fundamental
This word is applied to those laws which are the foundation of society. Those laws by which the exercise of power is restrained and regulated, are fundamental. The Constitution of the United States is the fundamental law of the land.
Fundamental breach
Funded debt
That part of the national debt for which certain funds are appropriated towards the payment of the interest.
Funding system
English law. The name given to a plan which provides that on the creation of a public loan, funds shall immediately be formed, and secured by law, for the payment of the interest, until the state shall redeem the whole, and also for the gradual redemption of the capital itself. This gradual redemption of the capital is called the sinking of the debt, and the fund so appropriated is called the sinking fund.
Funds
Cash on hands; as, A B is in funds to pay my bill on him; stocks, as, A B has $1000 in the funds. By public funds is understood, the taxes, customs, &c . appropriated by the, government for the discharge of its obligations.
Fundus
Civil law. Any portion of land whatever, without considering the use or employ to which it is applied.
Funeral expenses
Money expended in procuring the interment of a corpse. The person who orders the funeral is responsible personally for the expenses, and if the estate of the deceased should be insolvent, he must lose the amount. But if there are assets sufficient to pay these expenses, the executor or administrator is bound, upon an implied assumpsit, to pay them.
We thank you for using the Juridical Dictionary to search for Fundamental breach. If you have a better definition for Fundamental breach than the one presented here, please let us know by making use of the suggest a term option. This definition of Fundamental breach may be disputed by other professionals. Our attempt is to provide easy definitions on Fundamental breach and any other medical topic for the public at large.
This dictionary contains 8526 terms.
|
|