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| This dictionary contains: 8526 juridical terms |
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Particular average
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Particular averageThis term, partipular average, has been condemned as not being exact.It denotes, in general, every kind of expense or damage, short of total loss which regards a particular concern, and which is to be borne by the proprietor of that concern alone. Between the insurer and insured, the term includes losses of this description, as far as the underwriter is liable. Particular average must not be understood as a total loss of a part; for these two kinds of losses are perfectly distinct from each other. A total loss of a part may be recovered, where a particular average would not be recoverable.
RELATED TERMS--------------------------------------
Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.
General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.
Damage
Torts. The loss caused by one person to another, or to his property, either with the design of injuring him, with negligence and carelessness, or by inevitable accident.
Total
Complete; containing the whole; as the total amount of an account is all the items of such account added together; total incapacity, is an absolute and complete incapacity to do a thing. A married woman is totally incapable to make a contract, because, although having intelligence, she has not legal capacity and an idiot is totally incapable to enter into a contract, because he has no will.
Loss
contracts. The deprivation of something which one had, which was either advantageous, agreeable or commodious.
Proprietor
The owner.
Insurer
Contracts. One who has obliged himself to insure the safety of another's property, in consideration of a premium paid, or secured to be paid, to him.
Insured
Contracts. The person who procures an insurance on his property.
Description
A written account of the state and condition of personal property, titles, papers, and the like. It is a kind of inventory, but is more particular in ascertaining the exact condition of the property, and is without any appraisement of it.
Underwriter
Insurances. One who signs a policy of insurance, by which he becomes an insurer.
Liable
Legally responsible.
Each
Every one of the two or more composing the whole.
SIMILAR TERMS--------------------------------------
Particeps fraudis
Fraud. Both parties be in pari delicto is not allowed to allege his own turpitude in such cases, when defendant at law, or prevented from alleging it, when plaintiff in equity, whenever the refusal to execute the contract at law, or the refusal to relieve against it in equity, would give effect to the original purpose, and encourage the parties engaged, in such transactions.
Particular custom
A particular custom is one which only affects the inhabitants of some particular district.
Particular estate
An estate which is carved out of a larger and which precedes a remainder.
Particular, lien
Contracts. A right which a person has to retain property in respect of money or labor expended on such particular property. For example, when a tailor has made garments out of cloth delivered to him for the purpose, he is not bound to part with the clothes until his employer, has paid him for his services; nor a ship carpenter with a ship which he has repaired; nor can an engraver be compelled to deliver the seal which he has engraved for another, until his compensation has been paid.
Particulars
Practice. The items of which the accounts of one of the parties is composed, and which are frequently furnished to the opposite party in a bill of particulars.
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
Parties to actions
Those persons who institute actions for the recovery of their rights, and those persons against whom they are instituted, are the parties to the actions; the former are called plaintiffs, and the latter, defendants. The term parties is understood to include all persons who are directly interested in the subject-matter in issue, who have right to make defence, control the proceeding, or appeal from the judgment. Persons not having these rights are regarded as strangers to the cause.
Partition
Conveyancing. A deed of partition is, one by which lands held in joint tenancy, coparcenary, or in common, are divided into distinct portions, and allotted to the several parties, who take them in severalty.
Partly-paid
When a share is issued, the person applying for it must pay to the company, in cash or equivalent value, the amount of its nominal value together with any premium required by the company. Shares are fully paid when the whole amount has been received by the company. Shares may also be issued on the basis that only part of their price is to be paid at the outset with the remainder being required when called for by the company.
Partners
Contracts. Persons who have united together and formed a partnership. 2. Every person sui juris is competent to contract the relation of a partner. An infant may by law be a partner; but a feme covert, not being capable of contracting, cannot enter into partnership; and altbough married women are not unfrequently entitled to shares in banking houses, and other mercantile concerns, under positive covenants, yet when this happens, their hushands are entitled to such shares, and become partners in their steads. Whether a feme sole trader in Pennsylvania could enter into such contract, seems not settled.
Partnership
Contracts. An agreement between two or more persons, for joining together their money, goods, labor and skill, or either or all of them, for the purpose of advancing fair trade, and of dividing the profits and losses arising from it, proportionably or otherwise, between them.
Partowners
Persons who hold real or personal property by the same title, either as tenants in common, joint tenants, or coparceners. They are sometimes called guasi partners and differ from partners in this, that they are either joint owners, or tenants in common, each having an independent, although an undivided interest in the property; neither can transfer or dispose of the whole property, nor act for the others in relation to it, but merely for his own share, and to the extent of his own several right and interest.
Parturition
1) Estates. The division which is made between several persons, of lands, tenements, or hereditaments, or of goods and chattels which belong to them as co-heirs or co-proprietors. The term is more technically applied to the division of real estate made between coparceners, tenants in common or joint tenants. 2) The act of giving birth to a child.
Partus
The child just before it is born, or immediately after its birth. Before birth the partus is considered as a portion of the mother.
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.
Party wall
A wall erected on the line between two adjoining estates, belonging to different persons, for the use of both estates.
Party-jury
An ancient word used to signify a jury de medietas linguae, . or one composed one-half of natives, and the other of foreigners.
PREVIOUS AND NEXT TERMS--------------------------------------
Parole
International law. The agreement of persons who have been taken by an enemy that they will not again take up arms against those who captured them, either for a limited time, or during the continuance of the war.
Parolee
A parolee is an alien, appearing to be inadmissible to the inspecting officer, allowed into the United States for urgent humanitarian reasons or when that alien’s entry is determined to be for significant public benefit. Parole does not constitute a formal admission to the United States and confers temporary status only, requiring parolees to leave when the conditions supporting their parole cease to exist.
Parricide
Civil law. One who murders his father; it is applied, by extension, to one who murders his mother, his brother, his sister, or his children. The crime committed by such person is also called parricide.
Parson
Ecclesiastical law. One who has full possession of all the rights of a parochial church.
Particeps fraudis
Fraud. Both parties be in pari delicto is not allowed to allege his own turpitude in such cases, when defendant at law, or prevented from alleging it, when plaintiff in equity, whenever the refusal to execute the contract at law, or the refusal to relieve against it in equity, would give effect to the original purpose, and encourage the parties engaged, in such transactions.
Particular average
Particular custom
A particular custom is one which only affects the inhabitants of some particular district.
Particular estate
An estate which is carved out of a larger and which precedes a remainder.
Particular, lien
Contracts. A right which a person has to retain property in respect of money or labor expended on such particular property. For example, when a tailor has made garments out of cloth delivered to him for the purpose, he is not bound to part with the clothes until his employer, has paid him for his services; nor a ship carpenter with a ship which he has repaired; nor can an engraver be compelled to deliver the seal which he has engraved for another, until his compensation has been paid.
Particulars
Practice. The items of which the accounts of one of the parties is composed, and which are frequently furnished to the opposite party in a bill of particulars.
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
RELATED TERMS--------------------------------------
Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.
General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.
Damage
Torts. The loss caused by one person to another, or to his property, either with the design of injuring him, with negligence and carelessness, or by inevitable accident.
Total
Complete; containing the whole; as the total amount of an account is all the items of such account added together; total incapacity, is an absolute and complete incapacity to do a thing. A married woman is totally incapable to make a contract, because, although having intelligence, she has not legal capacity and an idiot is totally incapable to enter into a contract, because he has no will.
Loss
contracts. The deprivation of something which one had, which was either advantageous, agreeable or commodious.
Proprietor
The owner.
Insurer
Contracts. One who has obliged himself to insure the safety of another's property, in consideration of a premium paid, or secured to be paid, to him.
Insured
Contracts. The person who procures an insurance on his property.
Description
A written account of the state and condition of personal property, titles, papers, and the like. It is a kind of inventory, but is more particular in ascertaining the exact condition of the property, and is without any appraisement of it.
Underwriter
Insurances. One who signs a policy of insurance, by which he becomes an insurer.
Liable
Legally responsible.
Each
Every one of the two or more composing the whole.
SIMILAR TERMS--------------------------------------
Particeps fraudis
Fraud. Both parties be in pari delicto is not allowed to allege his own turpitude in such cases, when defendant at law, or prevented from alleging it, when plaintiff in equity, whenever the refusal to execute the contract at law, or the refusal to relieve against it in equity, would give effect to the original purpose, and encourage the parties engaged, in such transactions.
Particular custom
A particular custom is one which only affects the inhabitants of some particular district.
Particular estate
An estate which is carved out of a larger and which precedes a remainder.
Particular, lien
Contracts. A right which a person has to retain property in respect of money or labor expended on such particular property. For example, when a tailor has made garments out of cloth delivered to him for the purpose, he is not bound to part with the clothes until his employer, has paid him for his services; nor a ship carpenter with a ship which he has repaired; nor can an engraver be compelled to deliver the seal which he has engraved for another, until his compensation has been paid.
Particulars
Practice. The items of which the accounts of one of the parties is composed, and which are frequently furnished to the opposite party in a bill of particulars.
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
Parties to actions
Those persons who institute actions for the recovery of their rights, and those persons against whom they are instituted, are the parties to the actions; the former are called plaintiffs, and the latter, defendants. The term parties is understood to include all persons who are directly interested in the subject-matter in issue, who have right to make defence, control the proceeding, or appeal from the judgment. Persons not having these rights are regarded as strangers to the cause.
Partition
Conveyancing. A deed of partition is, one by which lands held in joint tenancy, coparcenary, or in common, are divided into distinct portions, and allotted to the several parties, who take them in severalty.
Partly-paid
When a share is issued, the person applying for it must pay to the company, in cash or equivalent value, the amount of its nominal value together with any premium required by the company. Shares are fully paid when the whole amount has been received by the company. Shares may also be issued on the basis that only part of their price is to be paid at the outset with the remainder being required when called for by the company.
Partners
Contracts. Persons who have united together and formed a partnership. 2. Every person sui juris is competent to contract the relation of a partner. An infant may by law be a partner; but a feme covert, not being capable of contracting, cannot enter into partnership; and altbough married women are not unfrequently entitled to shares in banking houses, and other mercantile concerns, under positive covenants, yet when this happens, their hushands are entitled to such shares, and become partners in their steads. Whether a feme sole trader in Pennsylvania could enter into such contract, seems not settled.
Partnership
Contracts. An agreement between two or more persons, for joining together their money, goods, labor and skill, or either or all of them, for the purpose of advancing fair trade, and of dividing the profits and losses arising from it, proportionably or otherwise, between them.
Partowners
Persons who hold real or personal property by the same title, either as tenants in common, joint tenants, or coparceners. They are sometimes called guasi partners and differ from partners in this, that they are either joint owners, or tenants in common, each having an independent, although an undivided interest in the property; neither can transfer or dispose of the whole property, nor act for the others in relation to it, but merely for his own share, and to the extent of his own several right and interest.
Parturition
1) Estates. The division which is made between several persons, of lands, tenements, or hereditaments, or of goods and chattels which belong to them as co-heirs or co-proprietors. The term is more technically applied to the division of real estate made between coparceners, tenants in common or joint tenants. 2) The act of giving birth to a child.
Partus
The child just before it is born, or immediately after its birth. Before birth the partus is considered as a portion of the mother.
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.
Party wall
A wall erected on the line between two adjoining estates, belonging to different persons, for the use of both estates.
Party-jury
An ancient word used to signify a jury de medietas linguae, . or one composed one-half of natives, and the other of foreigners.
PREVIOUS AND NEXT TERMS--------------------------------------
Parole
International law. The agreement of persons who have been taken by an enemy that they will not again take up arms against those who captured them, either for a limited time, or during the continuance of the war.
Parolee
A parolee is an alien, appearing to be inadmissible to the inspecting officer, allowed into the United States for urgent humanitarian reasons or when that alien’s entry is determined to be for significant public benefit. Parole does not constitute a formal admission to the United States and confers temporary status only, requiring parolees to leave when the conditions supporting their parole cease to exist.
Parricide
Civil law. One who murders his father; it is applied, by extension, to one who murders his mother, his brother, his sister, or his children. The crime committed by such person is also called parricide.
Parson
Ecclesiastical law. One who has full possession of all the rights of a parochial church.
Particeps fraudis
Fraud. Both parties be in pari delicto is not allowed to allege his own turpitude in such cases, when defendant at law, or prevented from alleging it, when plaintiff in equity, whenever the refusal to execute the contract at law, or the refusal to relieve against it in equity, would give effect to the original purpose, and encourage the parties engaged, in such transactions.
Particular average
Particular custom
A particular custom is one which only affects the inhabitants of some particular district.
Particular estate
An estate which is carved out of a larger and which precedes a remainder.
Particular, lien
Contracts. A right which a person has to retain property in respect of money or labor expended on such particular property. For example, when a tailor has made garments out of cloth delivered to him for the purpose, he is not bound to part with the clothes until his employer, has paid him for his services; nor a ship carpenter with a ship which he has repaired; nor can an engraver be compelled to deliver the seal which he has engraved for another, until his compensation has been paid.
Particulars
Practice. The items of which the accounts of one of the parties is composed, and which are frequently furnished to the opposite party in a bill of particulars.
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
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This dictionary contains 8526 terms.
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