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KembaraXtra – Legal Terms – Imputability
Imputability is a principle of international law under which unlawful acts committed by state organs are attributed to the state itself. Even if officials acted beyond their authority under domestic law, the state may still be internationally responsible if state mechanisms were used. This principle underpins state responsibility for harm caused to foreign nationals or property.
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KembaraXtra – Legal Terms – Improvement Notice
An improvement notice is a formal notice requiring remedial action. Under health and safety law, it obliges a person responsible for a breach to correct it or prevent its recurrence. Under food safety legislation, it may require a food business operator to take specific steps to comply with regulatory standards relating to food preparation and hygiene.
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KembaraXtra – Legal Terms – Implied Term
An implied term is a provision that forms part of a contract even though it was not expressly agreed by the parties. Courts may imply terms to reflect what the parties are presumed to have intended or because statute requires certain terms to apply. Implied terms can function as either conditions or warranties, and statutory implied terms—particularly in consumer and sale of goods contracts—often cannot be excluded by agreement.
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KembaraXtra – Legal Terms – Implementation
Implementation refers to the process by which a law or piece of legislation is formally brought into effect and applied in practice. In the context of European Union law, directives do not automatically become law within member states and must instead be implemented at national level. This is usually achieved through Acts of Parliament or secondary legislation such as statutory instruments or regulations. In the United Kingdom, implementation ensures that EU obligations are translated into enforceable domestic law.
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KembaraXtra – Legal Terms – Implied Condition
An implied condition is a contractual term that is not expressly stated but is automatically included by law because of the nature of the contract. Breach of an implied condition gives the innocent party the right not only to claim damages but also to treat the contract as terminated. In contracts for the sale of goods, implied conditions commonly include the seller’s right to sell, the requirement that goods match their description, and—where the sale is in the course of business—that the goods are of satisfactory quality and fit for their intended purpose.
An implied condition is a contractual term that is not expressly stated but is automatically included by law because of the nature of the contract. Breach of an implied condition gives the innocent party the right not only to claim damages but also to treat the contract as terminated. In contracts for the sale of goods, implied conditions commonly include the seller’s right to sell, the requirement that goods match their description, and—where the sale is in the course of business—that the goods are of satisfactory quality and fit for their intended purpose.
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KembaraXtra – Legal Terms – Implied Contract
An implied contract is a legally binding agreement that is not created through explicit words but is inferred by the courts from the conduct of the parties or from the circumstances of their relationship. The law assumes that, based on how the parties behave or interact, they intended to enter into contractual obligations, even though no formal agreement was spoken or written.
An implied contract is a legally binding agreement that is not created through explicit words but is inferred by the courts from the conduct of the parties or from the circumstances of their relationship. The law assumes that, based on how the parties behave or interact, they intended to enter into contractual obligations, even though no formal agreement was spoken or written.
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KembaraXtra – Legal Terms – Implied Easement
An implied easement is a right over land that is not expressly granted but is implied into a transfer or lease of land by operation of law. There are four main types. These include easements of necessity, without which land cannot be reasonably used; easements based on the common intention of the parties; easements implied under the rule in Wheeldon v Burrows, where certain conditions relating to prior use are met; and easements implied under section 62 of the Law of Property Act 1925, which can convert certain informal rights or licences into legal easements.
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KembaraXtra – Legal Terms – Implied Malice
Implied malice refers to a form of criminal intent that the law considers sufficient to establish liability, even where there was no intention to commit the specific crime charged. Today, the term is mainly associated with murder, where it includes an intention to cause grievous bodily harm. Even if the defendant did not specifically intend to kill, such intent may still satisfy the mental element required for murder.
Implied malice refers to a form of criminal intent that the law considers sufficient to establish liability, even where there was no intention to commit the specific crime charged. Today, the term is mainly associated with murder, where it includes an intention to cause grievous bodily harm. Even if the defendant did not specifically intend to kill, such intent may still satisfy the mental element required for murder.
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KembaraXtra – Legal Terms – Imprisonment
Imprisonment refers to the lawful detention of a person as a form of punishment following conviction for a criminal offence. The term also appears in other legal contexts, such as false imprisonment, which involves unlawful detention. The nature and duration of imprisonment depend on the sentence imposed by the court.
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KembaraXtra – Legal Terms – Impotence
Impotence is the inability of a person to engage in normal sexual intercourse. In marriage law, permanent and incurable impotence renders a marriage voidable, allowing either party to seek a decree of nullity. It is sometimes referred to as canonical disability and must be distinguished from a wilful refusal to consummate the marriage.
