- Published on
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.
- Published on
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.
- Published on
KembaraXtra – Legal Terms – Performers’ Rights
Performers’ rights protect performers such as musicians, actors, and singers from unauthorized recording or broadcasting of their performances.
These rights arise under the Copyright, Designs and Patents Act 1988.
Unauthorized recording, broadcasting, or importation of illicit recordings may infringe performers’ rights.
Performers often assign recording rights contractually to record companies.
Protection for performances generally lasts for 70 years following legislative reforms derived from retained EU law.
Performers’ rights protect performers such as musicians, actors, and singers from unauthorized recording or broadcasting of their performances.
These rights arise under the Copyright, Designs and Patents Act 1988.
Unauthorized recording, broadcasting, or importation of illicit recordings may infringe performers’ rights.
Performers often assign recording rights contractually to record companies.
Protection for performances generally lasts for 70 years following legislative reforms derived from retained EU law.
- Published on
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.
- Published on
KembaraXtra – Legal Terms – Per Autre Vie
Per autre vie is a legal expression meaning “for the life of another”.
It refers to an estate or interest in land that lasts for the lifetime of another specified person.
The holder of the estate enjoys rights in the property only while that person remains alive.
When the named person dies, the estate automatically ends.
The term commonly appears in relation to an Estate Pur Autre Vie.
Per autre vie is a legal expression meaning “for the life of another”.
It refers to an estate or interest in land that lasts for the lifetime of another specified person.
The holder of the estate enjoys rights in the property only while that person remains alive.
When the named person dies, the estate automatically ends.
The term commonly appears in relation to an Estate Pur Autre Vie.
- Published on
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.
- Published on
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.
- Published on
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”.
- Published on
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.
- Published on
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.
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.