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Restraint
RestraintSomething which prevents us from doing what we would desire to do. SIMILAR TERMS-------------------------------------- Rest A party is said to "rest" or "rest its case" when it has presented all the evidence it intends to offer. Restatement A publication which tells what the law is in a particular field, as compiled from statutes and decisions. Restatement (second) of the conflict of laws Adopted on May 23, 1969 by the American Law Institute at Washington, D.C., was mainly the work of one man. Restatement second of the conflict of laws The Restatement (Second) of the Conflict of Laws, adopted by the American Law Institute at Washington, D.C., on May 23, 1969. Restitutio in integrum Latin for restitution to the original position. In contract law, upon breach of contract, the injured party may ask the court to reverse the contract and revert the parties to their respective positions before the contract was accepted. But if the court finds that restitutio in integrum is not possible because of actions or events occurring since the date of acceptance, then the court may order that damages be paid instead. Restitution 1) Maritime law. The placing back or restoring articles which have been lost by jettison; this is done when the remainder of the cargo has been saved at the general charge of the owners of the cargo; but when the remainder of the goods are afterwards lost, there is not any restitution. 2) Practice. The return of something to the owner of it, or to the person entitled to it. Restore, to To return what has been unjustly taken; to place the owner of a thing in the state in which he formerly was. By restitution is understood not only the return of the thing itself, but all its accessories. It is to return the thing and its fruits. Restraining Narrowing down, making less extensive; as, a restraining statute, by which the common law is narrowed down or made less extensive in its operation. Restraining order A court order restricting a persons actions. they are sometimes issued by one spouse to try to deter the other spouse from committing violent acts. Restraining powers A term used in equity. When the donor of a power, who is the owner of the estate, imposes certain restrictions by the terms of the powers, these restrictions are called restraining powers. Restrictive covenant A restrictive covenant is where an obligation is imposed on an employee or director either in an employment contract or financing document preventing the employee/director from doing something during or after his employment has terminated. This usually covers engaging in competitive businesses or poaching staff or customers. Particularly where post-employment issues are addressed, care is required in drafting as the terms may be unenforceable if they are unreasonably wide. Restrictive indorsement Contracts. One which confines the negotiability of a promissory note or bill of exchange, by using express words to that effect, as by indorsing it "payable to A,B only." PREVIOUS AND NEXT TERMS-------------------------------------- Restitution 1) Maritime law. The placing back or restoring articles which have been lost by jettison; this is done when the remainder of the cargo has been saved at the general charge of the owners of the cargo; but when the remainder of the goods are afterwards lost, there is not any restitution. 2) Practice. The return of something to the owner of it, or to the person entitled to it. Restore, to To return what has been unjustly taken; to place the owner of a thing in the state in which he formerly was. By restitution is understood not only the return of the thing itself, but all its accessories. It is to return the thing and its fruits. Restraining Narrowing down, making less extensive; as, a restraining statute, by which the common law is narrowed down or made less extensive in its operation. Restraining order A court order restricting a persons actions. they are sometimes issued by one spouse to try to deter the other spouse from committing violent acts. Restraining powers A term used in equity. When the donor of a power, who is the owner of the estate, imposes certain restrictions by the terms of the powers, these restrictions are called restraining powers. Restraint Restrictive covenant A restrictive covenant is where an obligation is imposed on an employee or director either in an employment contract or financing document preventing the employee/director from doing something during or after his employment has terminated. This usually covers engaging in competitive businesses or poaching staff or customers. Particularly where post-employment issues are addressed, care is required in drafting as the terms may be unenforceable if they are unreasonably wide. Restrictive indorsement Contracts. One which confines the negotiability of a promissory note or bill of exchange, by using express words to that effect, as by indorsing it "payable to A,B only." Resulting trust A trust that is presumed by the court from certain situations. Similar to a constructive trust but for resulting trusts, the court presumes an intention to create a trust; the law assumes that the property is not held by the right person and that the possessor is only holding the property "in trust" for the rightful owner. In constructive trusts, the courts don't even bother with presuming an intention; they simply impose a trust from the facts. Resulting use Estates. One which having been limited by deed, expires or cannot vest; it then returns back to him who raised it, after such expiration, or during such impossibility. Resumption To reassume; to promise again; as, the resumption of payment of specie by the banks is general. It also signifies to take things back; as the government has resumed the possession of all the lands which have not been paid for according to the requisitions of the law, and the contract of the purchasers. We thank you for using the Juridical Dictionary to search for Restraint. If you have a better definition for Restraint than the one presented here, please let us know by making use of the suggest a term option. This definition of Restraint may be disputed by other professionals. Our attempt is to provide easy definitions on Restraint and any other medical topic for the public at large.
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