Juridical Dictionary

This dictionary contains:
8526
juridical terms

Going concern






Going concern

The Transfer of Undertakings Regulations apply where an undertaking is sold as a going concern or where a unit within a business is contracted-out or where the contractor is changed. In the event of such a transfer, the employment rights of those employed by the seller immediately prior to the transfer are preserved and become the responsibility of the buyer. Dismissal in connection with the transfer gives the employee a right to claim unfair/wrongful dismissal against the transferee. What a "going concern" is, is a matter of fact but transfer of goodwill is usually the key criterion. Prior to the transfer, there are obligations to consult with the appropriate representatives of the employees who may be affected.

RELATED TERMS
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Transfer
Contracts The act by which the owner of a thing delivers it to another person, with the intent of passing the rights which he has in it to the latter.

Undertaking
Contracts. An engagement by one of the parties to a contract to the other, and not the mutual engagement of the parties to each other; a promise.

Contracted-out
An employer can contract out of the state pension scheme by means of an occupational pension scheme. There are strict rules reLating to occupational pension schemes generally and contracting-out. Benefits under a contracted-out scheme must be at least as good as benefits and such schemes must ensure a "guaranteed minimum pension". An occupational pension scheme need not be contracted out. Occupational pension schemes set up by smaller companies are often insured - whereby an insurance company takes over all responsibilities in return for a premium.

Contractor
One who enters into a contract this term is usually applied to persons who undertake to do public work, or the work for a company or corporation on a large scale, at a certain fixed price, or to furnish goods to another at a fixed or ascertained price.

Employment
An employment is an office.

Employed
One who is in the service of another. Such a person is entitled to rights and liable to.perform certain duties.

Seller
Contracts. One who disposes of a thing in consideration of money; a vendor

Responsibility
The obligation to answer for an act done, and to repair any injury it may have caused

Buyer
Contracts. A purchaser; a vendee.

Dismissal
Dismissal may take place if the employer terminates the contract of employment, or if a fixed contract of employment expires. It also occurs in cases of constructive dismissal (breach of contract by the employer leading to the employee's resignation); or deemed dismissal in the case of refusal to allow a woman back to work after maternity leave. It may be contrasted with resignation (at the employee's instance) which does not amount to dismissal

Employee
One who is authorized to act for another; a mandatory.

Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.

Claim
A demand for resolution or remedy of a grievance, or for something that is rightly the claimant's. Example: A demand for payment to recover a loss protected by an insurance policy. A demand in a court of law filed by a claimant on any juridical issue he / she considers.

Transferee
He to whom a transfer is made.

Matter
Some substantial or essential thing, opposed to form; facts.

Fact
An action; a thing done. It is either simple or compound.

Goodwill
An intangible business asset which includes a cultivated reputation and consequential attraction and confidence of repeat customers and connections.



SIMILAR TERMS
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Going to the boss
In the US penitentiary slang, the act of being searched by staff using the boss chair to perform a body cavity search.

Going witness
One who is going out of the jurisdiction of the court, although only into a state or country under the general sovereignty; as, for example, if he is going from one to another of the United States; or, in Great Britain, from England to Scotland.



PREVIOUS AND NEXT TERMS
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Gloucester, statute of
An English statute, so called, because it was passed at Gloucester. There were other statutes made at Gloucester, which do not bear this name.

Go without day
These words have a technical sense. When a party is dismissed the court, he is said to go without day; that is, there is no day appointed for him to appear again.

God
"From the Saxon god, good. The source of all good; the supreme being. Every man is presumed to believe in God, and he who opposes a witness on the ground of his unbelief is bound to prove it. By article 1, of amendments to the Constitution of the United States, it is provided that ""Congress shall make no laws respecting an establishment of religion, or prohibiting the free exercise thereof."" In the United States, therefore, every one is allowed to worship God according to the dictates of his own conscience.

God and my country
When a prisoner is arraigned, he is asked, How will you be tried? he answers, "By God and my country." This practice arose when the prisoner had the right to choose the mode of trial, namely, by ordeal or by jury, and then he elected by God or by his country, that is, by jury. It is probable that originally it was "By God or my country" for the question asked supposes an option in the prisoner, and the answer is meant to assert his innocence by declining neither sort of trial.

God bote
Ecclesiastical law. An ecclesiastical or church fine imposed upon an. offender for crimes and offences committed against God.

Going concern

Going witness
One who is going out of the jurisdiction of the court, although only into a state or country under the general sovereignty; as, for example, if he is going from one to another of the United States; or, in Great Britain, from England to Scotland.

Gold
A metal used in making money, or coin. It is pure when the metal is unmixed with any other. Standard gold, is gold mixed with some other metal, called alloy.

Good and lawful men
Probi et legales homines. The law requires that those who serve on juries shall be good. and lawful men; by which is understood those qualified to serve on juries; that is, that they be of full age, citizens, not infamous nor non compos mentis, and they must be res ident in the county where the venue is laid.

Good behaviour
Conduct authorized by law. Surety of good behaviour may be demanded from any person who is justly suspected, upon sufficient grounds, of intending to commit a crime or misdemeanor. Surety. for good behaviour is somewhat similar to surety of the peace, but the recognizance is more easily forfeited, and it ought to be demanded with greater caution.

Good cause
A standard by which a recipient of welfare is excused from cooperating with the cse agency because by doing so the recipient and the children could be in danger. a good cause finding usually results from ample documentation of violence and abuse by the non-custodial parent.

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This dictionary contains 8526 terms.