LAW

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KembaraXtra – Legal Terms – Per My et Per Tout
Per my et per tout is a Norman French expression describing the unity of possession in joint ownership.
It reflects the principle that joint tenants own the whole property together rather than separate shares.
Each joint owner is regarded as owning every part of the property simultaneously.
The concept is fundamental to the doctrine of joint tenancy.
The phrase emphasizes the indivisible nature of joint ownership rights.

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KembaraXtra – Legal Terms – Permissive Waste
Permissive waste occurs when a tenant fails to maintain leased property and allows it to deteriorate.
The deterioration usually results from neglect rather than deliberate damage.
Examples include failing to repair roofs, walls, or essential structures.
A tenant may be liable if the neglect causes substantial damage to the property.
Permissive waste is one category of waste recognized in land law.

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KembaraXtra – Legal Terms – Permanent Establishment
A permanent establishment is a fixed place of business through which a company carries on its activities in another country.
The concept is important in international taxation and double taxation agreements.
Examples include branches, offices, factories, workshops, mines, or building sites.
A foreign company with a permanent establishment in the UK may be subject to UK tax on profits arising there.
The definition commonly follows the model adopted by the Organisation for Economic Co-operation and Development.

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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.

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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.

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KembaraXtra – Legal Terms – Perfect Gift
A perfect gift is a gift in which ownership of the property has been fully transferred from the donor to the donee.
Once perfected, the gift becomes legally complete and irrevocable.
Equity generally will not assist in completing an imperfect gift.
A mere promise to make a gift is usually unenforceable because no consideration is given.
The doctrine is closely linked to principles governing trusts and voluntary transfers.

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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.

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KembaraXtra – Legal Terms – Perfect Trust


A perfect trust is a trust that has been fully and properly constituted.


It is also known as an executed trust.


The settlor must have transferred the trust property effectively to the trustees or beneficiaries.


Once properly constituted, the trust becomes enforceable in equity.


Courts generally will not perfect an incomplete or imperfect trust voluntarily.
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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.

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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.
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