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KembaraXtra – Legal Terms – PPP
PPP stands for public–private partnership.
It describes cooperative arrangements between public authorities and private sector organizations.
Such partnerships are commonly used to finance, build, or manage public infrastructure and services.
PPP arrangements aim to combine public objectives with private sector expertise and investment.
Examples include projects involving transport, hospitals, schools, and utilities.
PPP stands for public–private partnership.
It describes cooperative arrangements between public authorities and private sector organizations.
Such partnerships are commonly used to finance, build, or manage public infrastructure and services.
PPP arrangements aim to combine public objectives with private sector expertise and investment.
Examples include projects involving transport, hospitals, schools, and utilities.
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KembaraXtra – Legal Terms – Power to Sue
The power to sue is the legal authority to commence court proceedings.
In company law, the company itself is usually the proper claimant where wrongs are done to it.
The company’s constitution determines which body may exercise this authority.
Under model articles, the board of directors generally controls decisions about litigation.
Shareholders may sometimes intervene through resolutions or residual powers where directors cannot properly act.
The power to sue is the legal authority to commence court proceedings.
In company law, the company itself is usually the proper claimant where wrongs are done to it.
The company’s constitution determines which body may exercise this authority.
Under model articles, the board of directors generally controls decisions about litigation.
Shareholders may sometimes intervene through resolutions or residual powers where directors cannot properly act.
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KembaraXtra – Legal Terms – Power to Manage
The power to manage refers to the authority to direct and control the affairs of a company.
This power is usually divided between the board of directors and the general meeting of shareholders.
A company’s constitution commonly determines how managerial authority is allocated.
Under standard model articles, most management powers are vested in the directors.
However, shareholders may exercise residual powers where the directors are unable to act.
The power to manage refers to the authority to direct and control the affairs of a company.
This power is usually divided between the board of directors and the general meeting of shareholders.
A company’s constitution commonly determines how managerial authority is allocated.
Under standard model articles, most management powers are vested in the directors.
However, shareholders may exercise residual powers where the directors are unable to act.
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KembaraXtra – Legal Terms – Power Reserved by Executor
Power reserved by executor arises when an executor chooses not to immediately take part in administering an estate.
Another executor may proceed with obtaining probate while reserving the absent executor’s right to join later.
The non-proving executor retains the ability to apply later through double probate.
This arrangement is commonly used where an executor is temporarily unwilling or unavailable to act.
It differs from renouncing probate, where the executor permanently gives up the right to act.
Power reserved by executor arises when an executor chooses not to immediately take part in administering an estate.
Another executor may proceed with obtaining probate while reserving the absent executor’s right to join later.
The non-proving executor retains the ability to apply later through double probate.
This arrangement is commonly used where an executor is temporarily unwilling or unavailable to act.
It differs from renouncing probate, where the executor permanently gives up the right to act.
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KembaraXtra – Legal Terms – Practice
In legal terminology, practice refers to the methods and procedures used in conducting legal proceedings.
It is closely related to the concept of procedural law.
The term may also refer to informal customs or established ways of carrying out legal work.
Additionally, “practice” can describe legal reference books dealing with procedure and court processes.
Understanding legal practice is essential for effective litigation and court administration.
In legal terminology, practice refers to the methods and procedures used in conducting legal proceedings.
It is closely related to the concept of procedural law.
The term may also refer to informal customs or established ways of carrying out legal work.
Additionally, “practice” can describe legal reference books dealing with procedure and court processes.
Understanding legal practice is essential for effective litigation and court administration.
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KembaraXtra – Legal Terms – Precatory Trust
A precatory trust is a trust that may arise from the use of precatory words in a document.
These are words expressing hope, desire, confidence, or request that property should be used in a certain way.
Courts will only recognize a trust if the wording clearly shows an intention to impose a binding obligation.
Modern courts generally prefer to interpret such wording as creating an absolute gift rather than a trust unless the intention is unmistakable.
Important cases include Lambe v Eames and Comiskey v Bowring-Hanbury.
A precatory trust is a trust that may arise from the use of precatory words in a document.
These are words expressing hope, desire, confidence, or request that property should be used in a certain way.
Courts will only recognize a trust if the wording clearly shows an intention to impose a binding obligation.
Modern courts generally prefer to interpret such wording as creating an absolute gift rather than a trust unless the intention is unmistakable.
Important cases include Lambe v Eames and Comiskey v Bowring-Hanbury.
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KembaraXtra – Legal Terms – Precatory Words
Precatory words are expressions in legal documents that suggest a wish or request rather than a command.
Examples include words such as “hope”, “desire”, “trust”, or “request”.
The main legal issue is whether such wording creates a binding trust obligation or merely expresses a non-binding wish.
Courts examine the entire context of the document to determine the intention of the person making the disposition.
Modern legal interpretation usually avoids construing precatory wording as creating a trust unless the obligation is clearly mandatory.
Precatory words are expressions in legal documents that suggest a wish or request rather than a command.
Examples include words such as “hope”, “desire”, “trust”, or “request”.
The main legal issue is whether such wording creates a binding trust obligation or merely expresses a non-binding wish.
Courts examine the entire context of the document to determine the intention of the person making the disposition.
Modern legal interpretation usually avoids construing precatory wording as creating a trust unless the obligation is clearly mandatory.
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KembaraXtra – Legal Terms – Precedent
A precedent is a previous court decision used as authority in deciding later cases.
Under the doctrine of stare decisis, lower courts are generally bound to follow binding precedents established by higher courts.
Only the legal reasoning of the case, known as the ratio decidendi, is binding.
Statements made outside the essential reasoning, known as obiter dicta, are persuasive only.
The system of precedent promotes consistency, certainty, and predictability in the law.
A precedent is a previous court decision used as authority in deciding later cases.
Under the doctrine of stare decisis, lower courts are generally bound to follow binding precedents established by higher courts.
Only the legal reasoning of the case, known as the ratio decidendi, is binding.
Statements made outside the essential reasoning, known as obiter dicta, are persuasive only.
The system of precedent promotes consistency, certainty, and predictability in the law.
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KembaraXtra – Legal Terms – Predatory Pricing
Predatory pricing is the practice of selling goods or services at extremely low prices in order to drive competitors out of the market.
It is most commonly associated with businesses holding a dominant market position.
Under UK competition law and Article 102 of the Treaty on the Functioning of the European Union, predatory pricing may amount to an abuse of dominance.
Competition authorities may impose fines or other penalties on companies engaging in such conduct.
The practice is viewed as harmful to fair competition and consumer welfare in the long term.
Predatory pricing is the practice of selling goods or services at extremely low prices in order to drive competitors out of the market.
It is most commonly associated with businesses holding a dominant market position.
Under UK competition law and Article 102 of the Treaty on the Functioning of the European Union, predatory pricing may amount to an abuse of dominance.
Competition authorities may impose fines or other penalties on companies engaging in such conduct.
The practice is viewed as harmful to fair competition and consumer welfare in the long term.
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KembaraXtra – Legal Terms – Predecessor
A predecessor in land law is a person through whom ownership or title to land is traced.
Examples include previous owners, testators, settlors, or mortgagees who sold the property.
A current owner’s title is often established by tracing transactions through predecessors in title.
The concept is important in proving ownership and examining title history.
Predecessors form part of the chain of title in property law.
A predecessor in land law is a person through whom ownership or title to land is traced.
Examples include previous owners, testators, settlors, or mortgagees who sold the property.
A current owner’s title is often established by tracing transactions through predecessors in title.
The concept is important in proving ownership and examining title history.
Predecessors form part of the chain of title in property law.