Author: W.S.M. Knight
-
Dispute Resolution
Dispute Resolution in Contract Formation It is often advisable to include this term in any contract. In Pinsent Mason's words:The procedure to be followed if the parties have a dispute should be included. For example, if there is an option for arbitration or mediation where the issue […]
-
Implied Terms
Implied Terms in Contract Formation Certain terms may be implied into contracts by law, or by usage or custom. The Sale of Goods Act and the Sale of Goods and Services Act contain terms -according to Pinsent Mason’s literature about Implied Terms- which are implied into all contracts for the […]
-
Accountant
Accountant's in the Business Encyclopaedia and Legal Adviser Based on the Business Encyclopaedia and Legal Adviser , by W.S.M. Knight, Barrister –at – Law. An accountant is, apart from special agree ment, entitled to fair and adequate remuneration for any services he may render; having […]
-
Account stated
Account stated in the Business Encyclopaedia and Legal Adviser Based on the Business Encyclopaedia and Legal Adviser , by W.S.M. Knight, Barrister –at – Law. An account stated is an admission by one in an account with another, that a balance is due from him to the other. Such an admission is […]
-
Accord and satisfaction
Accord and satisfaction in the Business Encyclopaedia and Legal Adviser Based on the Business Encyclopaedia and Legal Adviser , by W.S.M. Knight, Barrister –at – Law. Accord and Satisfaction is a satisfaction agreed upon between the party having a claim, and the party from whom the claim is […]
-
Bankruptcy notice
Bankruptcy notice in the Business Encyclopaedia and Legal Adviser Based on the Business Encyclopaedia and Legal Adviser , by W.S.M. Knight, Barrister –at – Law. This process, by way of Bankruptcy Notice, is the most common foundation of bankruptcy proceedings. The following are some points for […]
-
Accommodation
Accommodation in the Business Encyclopaedia and Legal Adviser Based on the Business Encyclopaedia and Legal Adviser , by W.S.M. Knight, Barrister –at – Law. Suing upon a contract, the plaintiff has, except in the case of contracts under seal, to prove a consideration therefore. Bills of […]
-
Accident insurance 2
Accident insurance 2 in the Business Encyclopaedia and Legal Adviser Based on the Business Encyclopaedia and Legal Adviser , by W.S.M. Knight, Barrister –at – Law. What Accidents are within the these are clearly defined in the policy. Now, as to some particular points hereon. (a) The injury […]
-
Abduction of women
Abduction of women in the Business Encyclopaedia and Legal Adviser Based on the Business Encyclopaedia and Legal Adviser , by W.S.M. Knight, Barrister –at – Law. Abduction of women.—By an old statute, three years' imprisonment is the punishment of any man who carries away a nun from […]
-
Accident insurance
Accident insurance in the Business Encyclopaedia and Legal Adviser Based on the Business Encyclopaedia and Legal Adviser , by W.S.M. Knight, Barrister –at – Law. The numerous casualties to which the life of man is liable are subjects of daily occurrence and observance—there is scarcely an […]
-
Thellusson act
Thellusson act in the Business Encyclopaedia and Legal Adviser Based on the Business Encyclopaedia and Legal Adviser , by W.S.M. Knight, Barrister –at – Law. In 1797, Peter Thellusson died in London, leaving landed estate worth about 4000 sterling a year, and personal property to the amount of […]
-
Abandonment or cargo
Abandonment or cargo in the Business Encyclopaedia and Legal Adviser Based on the Business Encyclopaedia and Legal Adviser , by W.S.M. Knight, Barrister –at – Law. Abandonment of cargo or ship is a term used in marine In the case of constructive loss of the subject of the insurance—i.e. […]
-
Applicable Law
Applicable Law in Contract Formation It is often advisable to include this term in any contract. There should be a clause in each contract indicating which law governs the contract. For example, 'This Agreement shall be governed by and construed in accordance with the laws of Scotland'.
-
Contract Execution
Contract Execution in Contract Formation In Pinsent Mason's words: Scotland Following a change in the law in 1995 in order to execute a deed only a signature is required. However to be formally valid a document should be subscribed by the granter and witnessed by one other aged person at […]
-
Contract Management
Contract Management in Contract Formation In Pinsent Mason's words:Once the contract has been concluded it is important to monitor its performance. Often there are governance mechanisms set out in the contract which govern the relationship between the parties, and provide forums to monitor […]