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KembaraXtra – Legal Terms – Perils of the Seas
Perils of the seas are risks covered under marine insurance relating to accidental maritime dangers.
Examples include violent storms, collisions, grounding, or striking submerged objects.
The term applies only to fortuitous or unexpected maritime accidents.
Ordinary wear and tear caused by normal wind and wave action is excluded.
Coverage under marine insurance depends on whether the loss resulted from a true maritime peril.
Perils of the seas are risks covered under marine insurance relating to accidental maritime dangers.
Examples include violent storms, collisions, grounding, or striking submerged objects.
The term applies only to fortuitous or unexpected maritime accidents.
Ordinary wear and tear caused by normal wind and wave action is excluded.
Coverage under marine insurance depends on whether the loss resulted from a true maritime peril.
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KembaraXtra – Legal Terms – Performance Bond
A performance bond is a financial guarantee ensuring that contractual obligations will be properly performed.
The bond is commonly used in construction and commercial contracts.
If the contractor fails to perform, the beneficiary may claim compensation under the bond.
Performance bonds are usually issued by banks or insurance companies.
The bond protects against financial loss arising from non-performance or defective performance.
A performance bond is a financial guarantee ensuring that contractual obligations will be properly performed.
The bond is commonly used in construction and commercial contracts.
If the contractor fails to perform, the beneficiary may claim compensation under the bond.
Performance bonds are usually issued by banks or insurance companies.
The bond protects against financial loss arising from non-performance or defective performance.
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KembaraXtra – Legal Terms – Per Incuriam
Per incuriam is a Latin expression meaning “through lack of care”.
A judicial decision is made per incuriam when the court overlooks a binding precedent or relevant statutory provision.
Such decisions may not carry normal precedential authority.
Higher courts may decline to follow decisions considered per incuriam.
The doctrine helps preserve consistency and correctness in legal precedent.
Per incuriam is a Latin expression meaning “through lack of care”.
A judicial decision is made per incuriam when the court overlooks a binding precedent or relevant statutory provision.
Such decisions may not carry normal precedential authority.
Higher courts may decline to follow decisions considered per incuriam.
The doctrine helps preserve consistency and correctness in legal precedent.
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KembaraXtra – Legal Terms – Periodic Tenancy
A periodic tenancy is a tenancy that continues automatically from one rental period to the next.
Rent is usually payable weekly, monthly, quarterly, or yearly.
The tenancy continues until terminated by a valid notice to quit.
Periodic tenancies may arise through express agreement or by implication from conduct, such as continued acceptance of rent.
The required notice period to terminate the tenancy is generally equal to one rental period.
A periodic tenancy is a tenancy that continues automatically from one rental period to the next.
Rent is usually payable weekly, monthly, quarterly, or yearly.
The tenancy continues until terminated by a valid notice to quit.
Periodic tenancies may arise through express agreement or by implication from conduct, such as continued acceptance of rent.
The required notice period to terminate the tenancy is generally equal to one rental period.
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KembaraXtra – Legal Terms – Perished Goods
Perished goods are goods that have been destroyed or damaged so severely that they no longer satisfy the contract description.
Under the Sale of Goods Act 1979, a contract is void if specific goods had already perished before the contract was made without the seller’s knowledge.
If the goods perish after the contract is formed, the contract may become void through frustration.
The rules mainly apply to specific goods identified in the contract.
Questions concerning risk transfer determine whether the buyer or seller bears the loss.
Perished goods are goods that have been destroyed or damaged so severely that they no longer satisfy the contract description.
Under the Sale of Goods Act 1979, a contract is void if specific goods had already perished before the contract was made without the seller’s knowledge.
If the goods perish after the contract is formed, the contract may become void through frustration.
The rules mainly apply to specific goods identified in the contract.
Questions concerning risk transfer determine whether the buyer or seller bears the loss.
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KembaraXtra – Legal Terms – Permanent Court of Arbitration
The Permanent Court of Arbitration is an international institution established under the 1899 Hague Convention.
Despite its name, it is not a permanent court with standing judges.
Instead, it provides facilities and procedures for the creation of arbitration tribunals.
The institution assists states, organizations, and private parties in resolving international disputes peacefully.
It has been used in significant international disputes, including claims tribunals between states.
The Permanent Court of Arbitration is an international institution established under the 1899 Hague Convention.
Despite its name, it is not a permanent court with standing judges.
Instead, it provides facilities and procedures for the creation of arbitration tribunals.
The institution assists states, organizations, and private parties in resolving international disputes peacefully.
It has been used in significant international disputes, including claims tribunals between states.
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KembaraXtra – Legal Terms – Perpetuation of Testimony
Perpetuation of testimony was a legal procedure used to preserve evidence in civil cases before a trial began.
The procedure was mainly used where there was a risk that important evidence might later become unavailable.
Examples included situations where a witness was elderly, seriously ill, or likely to die before proceedings commenced.
The testimony would be formally recorded for possible future use in litigation.
The procedure is now obsolete and is no longer generally used in modern civil practice.
Perpetuation of testimony was a legal procedure used to preserve evidence in civil cases before a trial began.
The procedure was mainly used where there was a risk that important evidence might later become unavailable.
Examples included situations where a witness was elderly, seriously ill, or likely to die before proceedings commenced.
The testimony would be formally recorded for possible future use in litigation.
The procedure is now obsolete and is no longer generally used in modern civil practice.
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KembaraXtra – Legal Terms – Perpetual Trusts
Perpetual trusts are trusts intended to continue indefinitely without termination.
English law generally restricts such arrangements through the rule against perpetuities.
The rule prevents property from being tied up indefinitely and limits long-term control over assets.
Trusts must usually vest within a legally permitted perpetuity period.
The doctrine promotes the free circulation and transferability of property.
Perpetual trusts are trusts intended to continue indefinitely without termination.
English law generally restricts such arrangements through the rule against perpetuities.
The rule prevents property from being tied up indefinitely and limits long-term control over assets.
Trusts must usually vest within a legally permitted perpetuity period.
The doctrine promotes the free circulation and transferability of property.
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KembaraXtra – Legal Terms – Perpetual Injunction
A perpetual injunction is a final court order permanently restraining a person from certain conduct.
It is granted after the court has fully heard and determined the dispute.
The injunction remains in force indefinitely unless varied or discharged by the court.
Perpetual injunctions are commonly used to prevent ongoing breaches of rights or repeated wrongful acts.
Failure to comply with such an injunction may amount to contempt of court.
A perpetual injunction is a final court order permanently restraining a person from certain conduct.
It is granted after the court has fully heard and determined the dispute.
The injunction remains in force indefinitely unless varied or discharged by the court.
Perpetual injunctions are commonly used to prevent ongoing breaches of rights or repeated wrongful acts.
Failure to comply with such an injunction may amount to contempt of court.
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KembaraXtra – Legal Terms – Perpetuity
Perpetuity refers to an indefinite or potentially endless duration in relation to property interests or trusts.
The concept is closely linked to the rule against perpetuities.
The law generally restricts arrangements that tie up property indefinitely.
The purpose of the rule is to prevent excessive long-term control over property ownership and transfer.
Modern legislation has modified traditional perpetuity rules in many jurisdictions.
Perpetuity refers to an indefinite or potentially endless duration in relation to property interests or trusts.
The concept is closely linked to the rule against perpetuities.
The law generally restricts arrangements that tie up property indefinitely.
The purpose of the rule is to prevent excessive long-term control over property ownership and transfer.
Modern legislation has modified traditional perpetuity rules in many jurisdictions.