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KembaraXtra – Legal Terms – Object of Agreement
The object of agreement is the subject matter or purpose of a contract.
It refers to the act, promise, service, or obligation that one party agrees to perform or refrain from performing in exchange for *consideration.
The object of agreement may appear in the title, introductory clauses, or operative terms of the contract.
The object of agreement is the subject matter or purpose of a contract.
It refers to the act, promise, service, or obligation that one party agrees to perform or refrain from performing in exchange for *consideration.
The object of agreement may appear in the title, introductory clauses, or operative terms of the contract.
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KembaraXtra – Legal Terms – Novation
Novation is the replacement of an existing contract with a new contract.
The new agreement may involve the same parties or may introduce a new party altogether. A common example occurs when one debtor is substituted for another with the agreement of everyone involved.
For instance, if A owes B money and B owes C the same amount, all three may agree that A will now owe the debt directly to C, while the earlier debts are extinguished.
Novation differs from *assignment because novation creates a completely new contractual relationship, whereas assignment merely transfers the benefit of an existing contract.
Novation is the replacement of an existing contract with a new contract.
The new agreement may involve the same parties or may introduce a new party altogether. A common example occurs when one debtor is substituted for another with the agreement of everyone involved.
For instance, if A owes B money and B owes C the same amount, all three may agree that A will now owe the debt directly to C, while the earlier debts are extinguished.
Novation differs from *assignment because novation creates a completely new contractual relationship, whereas assignment merely transfers the benefit of an existing contract.
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KembaraXtra – Legal Terms – Nuncupative Will
A nuncupative will is an oral declaration expressing how a person wishes property to be distributed after death.
Under English law, oral wills are generally ineffective unless they fall within special exceptions.
The main exceptions are *privileged wills, which may apply to certain military personnel or sailors, and *donatio mortis causa, which concerns gifts made in contemplation of death.
Outside these limited situations, a valid will normally must comply with formal written requirements.
A nuncupative will is an oral declaration expressing how a person wishes property to be distributed after death.
Under English law, oral wills are generally ineffective unless they fall within special exceptions.
The main exceptions are *privileged wills, which may apply to certain military personnel or sailors, and *donatio mortis causa, which concerns gifts made in contemplation of death.
Outside these limited situations, a valid will normally must comply with formal written requirements.
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KembaraXtra – Legal Terms – Not Proven
Not proven is a verdict used in Scottish criminal courts.
It applies where the prosecution has failed to prove the accused person’s guilt beyond the required standard, but some uncertainty may still remain about innocence.
Although different in wording, the practical legal effect of a verdict of not proven is the same as a verdict of not guilty, resulting in the accused person’s acquittal.
Not proven is a verdict used in Scottish criminal courts.
It applies where the prosecution has failed to prove the accused person’s guilt beyond the required standard, but some uncertainty may still remain about innocence.
Although different in wording, the practical legal effect of a verdict of not proven is the same as a verdict of not guilty, resulting in the accused person’s acquittal.
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KembaraXtra – Legal Terms – Oath
An oath is a formal declaration in which a person swears that a statement is true or that a promise will be faithfully carried out, traditionally by calling upon God as a witness.
Oaths are required in many legal situations, particularly when giving evidence in court or swearing an *affidavit.
A common witness oath is: “I swear by Almighty God that the evidence which I shall give shall be the truth, the whole truth and nothing but the truth.”
Individuals who object to taking religious oaths, whether because of religious beliefs or because they have none, may instead make an *affirmation.
An oath is a formal declaration in which a person swears that a statement is true or that a promise will be faithfully carried out, traditionally by calling upon God as a witness.
Oaths are required in many legal situations, particularly when giving evidence in court or swearing an *affidavit.
A common witness oath is: “I swear by Almighty God that the evidence which I shall give shall be the truth, the whole truth and nothing but the truth.”
Individuals who object to taking religious oaths, whether because of religious beliefs or because they have none, may instead make an *affirmation.
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KembaraXtra – Legal Terms – Oath of Allegiance
An oath of allegiance is a formal promise of loyalty and faithfulness to the Crown.
It is taken by members of both Houses of Parliament at the start of a new Parliament, by certain Crown officers upon appointment, and by persons acquiring British nationality through registration or naturalization.
The oath symbolizes allegiance to the constitutional authority of the state.
An oath of allegiance is a formal promise of loyalty and faithfulness to the Crown.
It is taken by members of both Houses of Parliament at the start of a new Parliament, by certain Crown officers upon appointment, and by persons acquiring British nationality through registration or naturalization.
The oath symbolizes allegiance to the constitutional authority of the state.
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KembaraXtra – Legal Terms – Nullum Crimen Sine Lege
Nullum crimen sine lege means “no crime without a law.”
It expresses the principle of legality, namely that conduct cannot amount to a criminal offence unless the law has previously declared it to be criminal.
Many offences are created by statute, while others exist under the common law.
The principle seeks to prevent people from being punished for conduct that was not recognized as criminal at the time it occurred.
Nullum crimen sine lege means “no crime without a law.”
It expresses the principle of legality, namely that conduct cannot amount to a criminal offence unless the law has previously declared it to be criminal.
Many offences are created by statute, while others exist under the common law.
The principle seeks to prevent people from being punished for conduct that was not recognized as criminal at the time it occurred.
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KembaraXtra – Legal Terms – Nullity of Marriage
Nullity of marriage refers to the legal invalidity of a marriage because of a defect existing at the time of the marriage or arising shortly afterwards.
A marriage may be void, meaning it was never legally valid from the beginning, or voidable, meaning it remains valid until a court formally annuls it.
Common grounds for a void marriage include prohibited relationships, one party being under the legal age for marriage, or one party already being married or in a civil partnership.
Grounds making a marriage voidable include incapacity or refusal to consummate the marriage, pregnancy by another person at the time of marriage, or lack of genuine consent due to duress or similar factors.
When granting an annulment, courts also possess powers to make financial provision and property adjustment orders.
Nullity of marriage refers to the legal invalidity of a marriage because of a defect existing at the time of the marriage or arising shortly afterwards.
A marriage may be void, meaning it was never legally valid from the beginning, or voidable, meaning it remains valid until a court formally annuls it.
Common grounds for a void marriage include prohibited relationships, one party being under the legal age for marriage, or one party already being married or in a civil partnership.
Grounds making a marriage voidable include incapacity or refusal to consummate the marriage, pregnancy by another person at the time of marriage, or lack of genuine consent due to duress or similar factors.
When granting an annulment, courts also possess powers to make financial provision and property adjustment orders.
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KembaraXtra – Legal Terms – Nunc Pro Tunc
Nunc pro tunc, meaning “now instead of then,” refers to a judgment or order that is treated as taking legal effect from an earlier date.
Although judgments usually take effect from the day they are made, courts may in special circumstances direct that the order operate retrospectively.
This device is commonly used to correct procedural issues or to reflect what should legally have occurred at an earlier time.
Nunc pro tunc, meaning “now instead of then,” refers to a judgment or order that is treated as taking legal effect from an earlier date.
Although judgments usually take effect from the day they are made, courts may in special circumstances direct that the order operate retrospectively.
This device is commonly used to correct procedural issues or to reflect what should legally have occurred at an earlier time.
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KembaraXtra – Legal Terms – Objection to Indictment
An objection to indictment is a procedure used in criminal proceedings where an accused person challenges the validity of an indictment on legal grounds.
The challenge may be based on defects such as failure to comply with statutory requirements or procedural irregularities.
The objection is normally raised through an application to quash the indictment before or during the trial.
An objection to indictment is a procedure used in criminal proceedings where an accused person challenges the validity of an indictment on legal grounds.
The challenge may be based on defects such as failure to comply with statutory requirements or procedural irregularities.
The objection is normally raised through an application to quash the indictment before or during the trial.