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Term in United Kingdom

Term (Certainty) Defined Case Law

  • A selected English Real Property Law Case in relation with term (certainty) defined may be: Berrisford v Mexfield Mexfield Housing Co-operative Ltd
  • Year of the above case: 2011

Concept of Term

The following is an old definition of Term [1], a term which has several meanings:1. A word; an expression; a phrase; language: as, a term of art, a term of law or law term, technical terms. See Terminus, 3. Sometimes used for expression or phrase: as, ” the term ‘ entry for withdrawal ;'” “the term ‘reasonable doubt; ” ” the term ‘ any former deceased husband.’ ” Terms of art, in the absence of parol testimony, are understood in the primary sense, unless the context shows a use in a particular sense, in which case the testimony of persons skilled in the art or science may be admitted to aid the court in ascertaining the true intent and meaning of the instrument. See Art, 3

Alternative Meaning

A condition, stipulation, covenant, or obligation: as, the terms of a contract; granting a request on terms; imposing terms. In its general signification, denotes a word, phrase or expression by which the definite meaning of language is conveyed. “Terms,” in its restricted and legal sense, and as used chiefly in reference to contracts, means the conditions, limitations, and propositions which comprise and govern the acta which the parties agree expressly or impliedly to do or not to do. As employed in respect to a lease, embraces the covenants and conditions which impose, confer and limit the respective obligations and rights of the landlord and tenant. When ” terms and conditions ” are said to be annexed to ” the term,” ” the term ” means the estate granted, while the ” terms and conditions ” are the incidents to the grant. A court may refuse to grant a request absolutely, as, to dismiss an appeal, where there has been no citation to the appellee, and grant relief upon such terms as seem proper. 3. An estate for years: the duration or continuance is bounded, limited, and determined – has a certain beginning and end. Not merely the time specified in the leaee by which the estate is created, but also the interest that passes by the lease. Hence, the “term” niay expire during the continuance of the “time,” as, by surrender, or forfeiture. In a lease, the word may refer to the time during which the lessee is to occupy the premises, or to the estate or interest demised. See Terminus; Lease., The lessee is the termor, and his estate the particular estate, being but a, small portion of the inheritance. A term was outstanding or in gross when it was unattached to the inheritance, that is, was in the hands of another than the owner of the inheritance; and attendant when vested in a trustee for such owner. Thus, suppose that the owner borrowed money on a lease for ten years, conditioned to terminate by an earlier day provided that by that day he returned the loan with interest, but failed to do this imtil a subsequent day: the lessee, at law, could keep possession for the rest of the ten years, although equity might require him to yield it up. The lessee, acting voluntarily, could “surrender” the term to the lessor, thereby ” merging ” it in the inheritance, or he could assign his interest to a third person as trustee for the benefit of the inheritance, – the latter course, which was generally prefened, making the term to “attend upon the inheritance ” – a satisfied attendant term. Some terms were held to be attendant without assignment, and, to an extent, defeated intermediate alienations. A purchaser or mortgagor, who had no notice of an incumbrance, by acquiring the equitable title to the land by assignment of an outstanding term to a trustee for himself, could acquire title to the legal estate during the term. Our registry laws, which determine the rights of purchasers and mortgagors by notice and priority of record, relieve us of the intricacies of attendant terms. Statute 8 and 9 Vict. (1845), c 112, §2, abolished all such terms as soon as satisfied. 4. The period of time during which a session of court is held. Spoken of as general or regular and special; as adjourned, present, subsequent, etc. Terms of court are those times or sessions of the year which are set apart for the dispatch of business in the superior courts of common law. Their origin has been attributed to the canonical constitutions of the church; the four ordinary feasts of Hilary, Easter, Trinity, and Michaelmas, the names also of the four terms of the courts of common law in England, clearly indicate that that is the true origin. . . A term of court, as understood in this country, is a definite and fixed period, prescribed by law, for the administration of ,judicial duties. While a term may be’ extended by adjournment, a fixed term is not thereby enlarged. By the Judicature Act ” term,” ‘in English practice, is superseded by the “sitting” of the com’t of appeal and of the high court of justice. In American practice the theory of terms of court is retained, but the word does not seem to designate a fixed period. Any continuous, authorized “sitting” or “session” is probably known, in most States, as a term. A record is in the power of the court during the term at which it is made. At the next term the court cannot strike off a judgment on the ground of supposed want of jurisdiction. But the right to correct, at sight, mere clerical errors, so as to conform the record to the truth, always remains. And so, too, as to irregularities in notices, mandates, and similar proceedings. Any amendment permissible by the statute of jeofails, is proper at a subsequent term, and, in cases, even after writ of error brought. Thus a judgment entered by fraud may be annulled at any time. But relief for error in law is had only by means of a new trial, review, writ of error, appeal, or other mode provided by statute. Except upon bills of review in cases in equity, writa of error coram nobis in cases at law, or upon motions which, in practice, liave been substituted for the latter remedy, no court can reverse or annul its decision for anerrorof fact or law, after the term at which ren- dered, unless for clerical mistakes; nor can any change be made which may substantially affect the decision. Courts of common law had power to vacate judgments during the term in which they were rendered, and the rule is still the same in all courts exercising jurisdiction in common-law cases. A term continues until the call of the nest succeeding term, unless previously adjourned sine die. Judgments are considered as rend,ered on the first day of the term. There is a fiction that a terra consists of but one day. This is tolerated for the purposes of justice. To antedate the judicial rejection of a claim, so as to give effect to a grant, does not promote the ends of justice. The time of a term’s commencing is fixed by statute, and its end by the final adjournment of the court for that term. After the term has ended, all final judgments and decrees of the court pass beyond its control, unless steps be taken during that term, by motion or otherwise, to set aside, modify, or correct them; and it errors exist they can be corrected only by such proceeding, by writ of error or appeal, as may be allowed in the court which by law can review the decision. To this rule is the one exception of error coram nobis, see, in this resource, the term When a cause is in progress the trial is not to be discontinued by the arrival of a new term. See Continuance; Next; Session; Vacation. 5. The period prescribed for holding an office. The expression ” term of office ” uniformly designates a fixed and definite period of time. See Office; Tenure.

Resources

Notes and References

  1. Meaning of Term provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

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Schema Summary

  • Article Name: Term
  • Author: S. Nield
  • Description: Term (Certainty) Defined Case Law A selected English Real Property Law Case in relation with term (certainty) defined may [...]

This entry was last updated: March 25, 2017

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