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KembaraXtra – Legal Terms – Negative Resolution
A negative resolution is a parliamentary procedure used in relation to delegated legislation.
Under this process, a statutory instrument automatically becomes law unless Parliament formally objects within a specified period.
The procedure allows delegated legislation to take effect without requiring active parliamentary approval beforehand.
However, either House of Parliament may annul the instrument if sufficient objection is raised.
Negative resolution procedures are commonly used for less controversial or routine regulations.
A negative resolution is a parliamentary procedure used in relation to delegated legislation.
Under this process, a statutory instrument automatically becomes law unless Parliament formally objects within a specified period.
The procedure allows delegated legislation to take effect without requiring active parliamentary approval beforehand.
However, either House of Parliament may annul the instrument if sufficient objection is raised.
Negative resolution procedures are commonly used for less controversial or routine regulations.
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KembaraXtra – Legal Terms – Nervous Shock
Nervous shock is an older legal term referring to psychiatric injury caused by a traumatic event.
Modern law more commonly uses the expression psychiatric injury to describe recognized mental harm resulting from negligence or other wrongful acts.
A claimant may recover damages if the psychiatric condition was caused by shock arising from witnessing or experiencing a distressing incident.
Courts usually require proof that the injury amounts to a medically recognized psychiatric illness rather than ordinary grief or emotional upset.
The law surrounding nervous shock developed mainly through negligence cases involving accidents, disasters, or sudden traumatic experiences.
Nervous shock is an older legal term referring to psychiatric injury caused by a traumatic event.
Modern law more commonly uses the expression psychiatric injury to describe recognized mental harm resulting from negligence or other wrongful acts.
A claimant may recover damages if the psychiatric condition was caused by shock arising from witnessing or experiencing a distressing incident.
Courts usually require proof that the injury amounts to a medically recognized psychiatric illness rather than ordinary grief or emotional upset.
The law surrounding nervous shock developed mainly through negligence cases involving accidents, disasters, or sudden traumatic experiences.
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KembaraXtra – Legal Terms – Negative Clearance
Negative clearance was a former procedure under European competition law.
Under this system, the European Commission could confirm that an agreement did not breach the competition rules of the Treaty of Rome.
Businesses previously notified their agreements to the Commission in order to obtain legal certainty that the arrangements were exempt.
The procedure was abolished in 2004 when businesses were given responsibility for assessing their own compliance with competition law.
This reform shifted much of the responsibility for competition assessment from regulators to companies themselves.
Negative clearance was a former procedure under European competition law.
Under this system, the European Commission could confirm that an agreement did not breach the competition rules of the Treaty of Rome.
Businesses previously notified their agreements to the Commission in order to obtain legal certainty that the arrangements were exempt.
The procedure was abolished in 2004 when businesses were given responsibility for assessing their own compliance with competition law.
This reform shifted much of the responsibility for competition assessment from regulators to companies themselves.
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KembaraXtra – Legal Terms – Nemo Dat Quod Non Habet
The phrase nemo dat quod non habet means “no one gives what he has not got.”
This rule states that a person who does not own property cannot transfer valid ownership of it to someone else.
For example, a thief generally cannot pass legal title to stolen goods to a buyer.
However, the law recognizes several exceptions, including sales by mercantile agents, statutory powers of sale, and situations involving estoppel.
The principle protects property owners while also balancing commercial certainty in transactions
The phrase nemo dat quod non habet means “no one gives what he has not got.”
This rule states that a person who does not own property cannot transfer valid ownership of it to someone else.
For example, a thief generally cannot pass legal title to stolen goods to a buyer.
However, the law recognizes several exceptions, including sales by mercantile agents, statutory powers of sale, and situations involving estoppel.
The principle protects property owners while also balancing commercial certainty in transactions
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KembaraXtra – Legal Terms – Negotiable Instrument
A negotiable instrument is a written document containing an obligation to pay a specific sum of money and capable of being transferred from one person to another.
The holder of the instrument may enforce payment in their own name, even if there were defects in the previous holder’s title, provided the instrument was obtained honestly and for value.
Transferability is a key feature of negotiable instruments because rights pass with possession of the document.
Common examples include bills of exchange, cheques, and promissory notes.
Negotiable instruments play an important role in commercial transactions by facilitating trade and financial dealings.
A negotiable instrument is a written document containing an obligation to pay a specific sum of money and capable of being transferred from one person to another.
The holder of the instrument may enforce payment in their own name, even if there were defects in the previous holder’s title, provided the instrument was obtained honestly and for value.
Transferability is a key feature of negotiable instruments because rights pass with possession of the document.
Common examples include bills of exchange, cheques, and promissory notes.
Negotiable instruments play an important role in commercial transactions by facilitating trade and financial dealings.
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KembaraXtra – Legal Terms – Negligence
Negligence refers to carelessness that amounts to a breach of a legal duty. It occurs when a person fails to act with the level of care that a reasonable person would exercise in similar circumstances.
In professional situations, the law expects individuals with special skills, such as doctors or lawyers, to meet the standard of a reasonably competent member of that profession. Failure to do so may amount to professional negligence.
Negligence may also form part of criminal liability in certain offences, including careless driving, some sexual offences, and forms of manslaughter involving gross negligence.
In civil law, negligence is a tort arising from breach of a duty of care that causes damage to another person. A claimant must prove that the defendant owed a duty of care, breached that duty, and caused loss or injury.
Actions in negligence are especially important where no contract exists between the parties. Although damages may sometimes be more limited than in contract claims, limitation rules in negligence actions can occasionally be more favourable.
Negligence refers to carelessness that amounts to a breach of a legal duty. It occurs when a person fails to act with the level of care that a reasonable person would exercise in similar circumstances.
In professional situations, the law expects individuals with special skills, such as doctors or lawyers, to meet the standard of a reasonably competent member of that profession. Failure to do so may amount to professional negligence.
Negligence may also form part of criminal liability in certain offences, including careless driving, some sexual offences, and forms of manslaughter involving gross negligence.
In civil law, negligence is a tort arising from breach of a duty of care that causes damage to another person. A claimant must prove that the defendant owed a duty of care, breached that duty, and caused loss or injury.
Actions in negligence are especially important where no contract exists between the parties. Although damages may sometimes be more limited than in contract claims, limitation rules in negligence actions can occasionally be more favourable.
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KembaraXtra – Legal Terms – Necessity
Necessity is a general defence in criminal law where a person commits an unlawful act because circumstances forced them to choose between two harmful alternatives.
Unlike duress, the pressure does not come from another person but from external conditions or emergencies.
An example would be a fire engine driver ignoring a red traffic light in order to respond to an emergency.
English law recognizes the defence only in limited situations, and its exact scope remains uncertain.
Necessity is generally not accepted as a defence to serious crimes such as murder or theft, although it may apply in some medical emergencies or situations involving the protection of life and property.
Necessity is a general defence in criminal law where a person commits an unlawful act because circumstances forced them to choose between two harmful alternatives.
Unlike duress, the pressure does not come from another person but from external conditions or emergencies.
An example would be a fire engine driver ignoring a red traffic light in order to respond to an emergency.
English law recognizes the defence only in limited situations, and its exact scope remains uncertain.
Necessity is generally not accepted as a defence to serious crimes such as murder or theft, although it may apply in some medical emergencies or situations involving the protection of life and property.
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KembaraXtra – Legal Terms – Negotiation
In international law, negotiation refers to the diplomatic process through which states discuss issues of mutual concern in order to resolve disputes.
Negotiations may occur through direct meetings, diplomatic communication, or written correspondence between representatives of states.
The process is considered one of the most peaceful and common methods of settling international disagreements.
Negotiation allows parties to reach voluntary agreements without resorting to litigation, arbitration, or armed conflict.
Successful negotiation often depends on compromise, diplomacy, and mutual understanding between the states involved.
In international law, negotiation refers to the diplomatic process through which states discuss issues of mutual concern in order to resolve disputes.
Negotiations may occur through direct meetings, diplomatic communication, or written correspondence between representatives of states.
The process is considered one of the most peaceful and common methods of settling international disagreements.
Negotiation allows parties to reach voluntary agreements without resorting to litigation, arbitration, or armed conflict.
Successful negotiation often depends on compromise, diplomacy, and mutual understanding between the states involved.
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KembaraXtra – Legal Terms – Neglect
Neglect refers to a failure to provide proper care, attention, or protection where a legal duty exists.
In criminal law, it is an offence for a parent or guardian to neglect a child in a way likely to cause unnecessary suffering or injury to health.
Liability may arise where the responsible person knew of the risk or acted recklessly regarding the consequences.
Neglect can also amount to negligence in civil law and may result in legal claims for damages.
In serious situations, if death results from neglect, the responsible person may face criminal liability for manslaughter.
Neglect refers to a failure to provide proper care, attention, or protection where a legal duty exists.
In criminal law, it is an offence for a parent or guardian to neglect a child in a way likely to cause unnecessary suffering or injury to health.
Liability may arise where the responsible person knew of the risk or acted recklessly regarding the consequences.
Neglect can also amount to negligence in civil law and may result in legal claims for damages.
In serious situations, if death results from neglect, the responsible person may face criminal liability for manslaughter.
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KembaraXtra – Legal Terms – New International Economic Order
The New International Economic Order (NIEO) was a set of proposals adopted during a special session of the United Nations General Assembly in 1974.
The initiative was introduced through a declaration and programme of action aimed at restructuring global economic relations to create greater fairness between developed and developing countries.
The NIEO emphasized principles such as equity, sovereign equality, cooperation, common interest, and interdependence among states.
One of its major objectives was to challenge traditional international rules relating to compensation for nationalization of foreign-owned property.
Under the NIEO approach, the law of the state carrying out nationalization would govern compensation issues rather than customary international law requiring effective compensation to foreign owners.
The New International Economic Order (NIEO) was a set of proposals adopted during a special session of the United Nations General Assembly in 1974.
The initiative was introduced through a declaration and programme of action aimed at restructuring global economic relations to create greater fairness between developed and developing countries.
The NIEO emphasized principles such as equity, sovereign equality, cooperation, common interest, and interdependence among states.
One of its major objectives was to challenge traditional international rules relating to compensation for nationalization of foreign-owned property.
Under the NIEO approach, the law of the state carrying out nationalization would govern compensation issues rather than customary international law requiring effective compensation to foreign owners.