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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 – 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 – 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 – 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 – 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 – Per Capita
Per capita is a Latin expression meaning “by heads” or “for each person”.
In succession law, distribution per capita means each beneficiary receives an equal share individually.
The method treats all entitled persons equally regardless of family branch.
For example, if four beneficiaries inherit per capita, each receives one-quarter of the estate.
Per capita distribution differs from distribution per stirpes, where shares are divided according to family lines.
Per capita is a Latin expression meaning “by heads” or “for each person”.
In succession law, distribution per capita means each beneficiary receives an equal share individually.
The method treats all entitled persons equally regardless of family branch.
For example, if four beneficiaries inherit per capita, each receives one-quarter of the estate.
Per capita distribution differs from distribution per stirpes, where shares are divided according to family lines.
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KembaraXtra – Legal Terms – Peremptory Challenge
A peremptory challenge refers to a party’s right to object to a juror without giving reasons.
Historically, it allowed defendants in criminal cases to reject certain jurors automatically.
The purpose was to help secure fairness and impartiality in jury selection.
In many jurisdictions, the use of peremptory challenges has been restricted or abolished.
The term is associated with the process known as challenge to jury.
A peremptory challenge refers to a party’s right to object to a juror without giving reasons.
Historically, it allowed defendants in criminal cases to reject certain jurors automatically.
The purpose was to help secure fairness and impartiality in jury selection.
In many jurisdictions, the use of peremptory challenges has been restricted or abolished.
The term is associated with the process known as challenge to jury.
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KembaraXtra – Legal Terms – Per Curiam
Per curiam is a Latin expression meaning “by the court”.
It describes a judgment or statement delivered collectively on behalf of the court rather than by an individual judge alone.
The term is commonly used in appellate courts with multiple judges.
A judgment delivered per curiam represents the unanimous or collective reasoning of the bench.
The phrase is often abbreviated as “per cur”.
Per curiam is a Latin expression meaning “by the court”.
It describes a judgment or statement delivered collectively on behalf of the court rather than by an individual judge alone.
The term is commonly used in appellate courts with multiple judges.
A judgment delivered per curiam represents the unanimous or collective reasoning of the bench.
The phrase is often abbreviated as “per cur”.
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KembaraXtra – Legal Terms – Percipient Witness
A percipient witness is a witness who gives evidence based on direct personal observation.
Such a witness testifies about facts personally seen, heard, or experienced.
The witness provides factual evidence rather than expert opinion.
Percipient witnesses are commonly referred to as witnesses of fact.
Their evidence is generally considered direct evidence in court proceedings.
A percipient witness is a witness who gives evidence based on direct personal observation.
Such a witness testifies about facts personally seen, heard, or experienced.
The witness provides factual evidence rather than expert opinion.
Percipient witnesses are commonly referred to as witnesses of fact.
Their evidence is generally considered direct evidence in court proceedings.
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KembaraXtra – Legal Terms – Peremptory Norm
A peremptory norm is a fundamental rule of international law from which no derogation is permitted.
Such norms are also known as Jus Cogens principles.
Peremptory norms bind all states regardless of consent.
Examples include prohibitions against genocide, slavery, torture, and aggressive war.
Any treaty or rule conflicting with a peremptory norm is considered void under international law.
A peremptory norm is a fundamental rule of international law from which no derogation is permitted.
Such norms are also known as Jus Cogens principles.
Peremptory norms bind all states regardless of consent.
Examples include prohibitions against genocide, slavery, torture, and aggressive war.
Any treaty or rule conflicting with a peremptory norm is considered void under international law.