chapter  13
2 Pages

What do words mean?

Estoppel A person cannot deny the truth of a statement which he has previously made. Fee simple owner A freehold estate in land which was originally held by free, rather than servile, services. Indictable offence Those serious crimes which are tried not before magistrates, but before judge and jury in the Crown Court. Injunction An order of the court whereby the party to whom it is addressed is required to do or refrain from doing a particular thing. Interrogatories An application made to the Master (q.v.) by one of the parties in an action for leave to serve a list of questions, interrogatories on the other party which the latter is obliged to answer by affidavit. Master An officer of the Supreme Court who has with certain exceptions similar powers to a Judge in Chambers to hear, among other matters, interlocutory applications-i.e. to decide certain matters which arise once an action has been started, but before it is heard in court. Offer When an offer is accepted, a binding agreement exists. The classic form of an offer is ‘I promise [the offer], if you will in return make a certain promise or do a certain act’. Restrictive covenants A deed which sets out an agreed obligation forbidding the doing of some act which meets with the land and touches and concerns it. A restrictive covenant must be registered as a land charge. RIBA The Royal Institute of British Architects; the RIBA is the ‘profesional’ body to which an architect may if he wish belong. He is not obliged to be a member of the RIBA in order to practise architecture or to call himself an architect. However, he must be a member of ARCUK (q.v.) before he can describe himself as an architect. Specifie performance A person may be compelled by the court to carry out or perform his obligations under a contract if damages would not be an adequate compensation. Statute law That part of the law which is written and contained in Acts of Parliament. Strict liability A person acts at his own peril and liability will arise without fault, it exists independently of negligence or wrongful intent. Summary offence Crimes which are less serious than an indictable offence and which are tried before magistrates in the Magistrates’ Court. Third parties to an action A person who was not originally a party to a claim made by a plaintiff against the defendant, but against whom the defendant now claims an indemnity or contribution against any damages which the defendant has been ordered to pay the plaintiff. Tort An act which either intentionally or unintentionally causes harm to another and which is against the law but not a breach of duty arising out of a personal relation or contract.