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KembaraXtra – Legal Terms – Incriminate
To incriminate is to suggest or indicate that a person is involved in the commission of a criminal offence. In legal proceedings, individuals generally have the right not to answer questions if doing so would expose them to criminal liability. This protection does not extend to situations where only civil liability may arise.
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KembaraXtra – Legal Terms – Indemnity Basis
The indemnity basis is a method used by courts to assess legal costs payable by one party to another. Under this basis, the receiving party is entitled to recover all costs incurred except those that are unreasonable in amount or were unreasonably incurred.
This basis of assessment is more generous than the standard basis because any doubt as to reasonableness is resolved in favour of the receiving party. It is often applied where the conduct of the paying party justifies a more punitive approach to costs.
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KembaraXtra – Legal Terms – Indemnity
An indemnity is a contractual promise by one party to compensate another for loss or liability arising from specified circumstances. Unlike a guarantee, an indemnity allows the indemnified party to recover directly from the indemnifier without first pursuing a third party who caused the loss.
Indemnities are widely used in commercial contracts to allocate risk, particularly in relation to third-party claims such as intellectual property infringement. They offer broader protection than ordinary damages claims, as there is no duty to mitigate loss and recovery is generally easier and more comprehensive.
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KembaraXtra – Legal Terms – Indefeasible
The term indefeasible describes a legal right or interest that cannot be annulled, cancelled, or defeated. Once established, such a right remains valid and enforceable regardless of later events, unless specific legal exceptions apply.
In property and trust law, indefeasible rights are particularly important because they provide certainty and stability. Where an interest is declared indefeasible, it protects the holder from later challenges and reinforces confidence in legal ownership and transactions.
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KembaraXtra – Legal Terms – Indecent Assault
Indecent assault was formerly a criminal offence involving an assault or battery carried out in circumstances of sexual impropriety. It included acts such as unwanted touching of intimate parts of another person without consent. The offence focused on the indecent nature of the conduct rather than the degree of physical harm caused.
The Sexual Offences Act 2003 abolished the offence of indecent assault and replaced it with the offence of sexual assault. This reform modernized the law by focusing more clearly on consent and sexual autonomy, while also expanding protection to victims regardless of gender.
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KembaraXtra – Legal Terms – Indecency
Indecency refers to conduct that ordinary, reasonable members of society would regard as shocking, offensive, or morally unacceptable. In criminal law, it is not precisely defined by statute and is therefore assessed according to contemporary community standards. What constitutes indecency is ultimately a question of fact for the jury, taking into account the circumstances in which the conduct occurred and prevailing social attitudes.
English law recognizes common-law offences such as outraging public decency and conspiracy to outrage public decency. These offences typically involve behaviour that occurs in public or is capable of being witnessed by the public, such as indecent exposure or the staging of obscene exhibitions. The flexibility of the concept allows courts to adapt to changing social norms, while also creating some uncertainty due to the lack of a fixed legal definition.
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KembaraXtra – Legal Terms – Indecent Exposure
Indecent exposure involves the deliberate exposure of one’s genitals in a manner intended to cause alarm or distress to others. The offence is rooted in concerns about public morality, safety, and personal dignity, particularly where vulnerable individuals may be affected.
Modern statutory offences have clarified and strengthened the law in this area by emphasizing the mental element of intent and the impact on victims. Courts assess both the nature of the exposure and the surrounding circumstances, including location and audience, when determining liability.
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KembaraXtra – Legal Terms – Imputed Notice
Imputed notice is knowledge that the law assumes a person has because their agent possesses it. In property transactions, a purchaser is deemed to know all matters that their solicitor knows or ought reasonably to know. This applies regardless of whether the purchaser actually received the information.
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KembaraXtra – Legal Terms – Inadmissible Reason
An inadmissible reason for dismissal is one that renders the dismissal automatically unfair under employment law. These reasons include trade union membership, whistleblowing, asserting statutory rights, or dismissal connected with pregnancy. Employees dismissed for such reasons may bring a claim regardless of their length of service.
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KembaraXtra – Legal Terms – Inalienability
Inalienability refers to the legal principle that certain rights or property cannot be transferred or disposed of. The rule against inalienability restricts attempts to tie up property indefinitely, ensuring that property remains transferable within limits set by law.
