- Published on
KembaraXtra – Legal Terms – Imputation of Unfitness or Incompetence
An imputation of unfitness or incompetence is a statement that disparages a person’s ability to perform their profession, trade, or business. While once actionable without proof of loss, modern defamation law requires claimants to show serious reputational harm, or serious financial loss in the case of businesses trading for profit.
- Published on
KembaraXtra – Legal Terms – Inadmissible Reason
An inadmissible reason for dismissal is one that renders the dismissal automatically unfair under employment law. These reasons include trade union membership, whistleblowing, asserting statutory rights, or dismissal connected with pregnancy. Employees dismissed for such reasons may bring a claim regardless of their length of service.
- Published on
KembaraXtra – Legal Terms – Imputed Notice
Imputed notice is knowledge that the law assumes a person has because their agent possesses it. In property transactions, a purchaser is deemed to know all matters that their solicitor knows or ought reasonably to know. This applies regardless of whether the purchaser actually received the information.
- Published on
KembaraXtra – Legal Terms – Inalienability
Inalienability refers to the legal principle that certain rights or property cannot be transferred or disposed of. The rule against inalienability restricts attempts to tie up property indefinitely, ensuring that property remains transferable within limits set by law.
- Published on
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.
- Published on
KembaraXtra – Legal Terms – Incapacity (Incompetence)
Incapacity, also known as incompetence, describes a lack of full legal ability to act or make decisions that are legally binding. This may arise from mental disorder, severe learning disability, or other conditions that impair a person’s understanding or judgment. In legal contexts such as contract formation, individuals who lack capacity may be unable to enter valid agreements, and special protections exist to safeguard their interests.
- Published on
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.
- Published on
KembaraXtra – Legal Terms – Imputation
In criminal proceedings, imputation refers to an allegation made by a defendant that attacks the character or conduct of another person. Where a defendant introduces such allegations, the court may permit the prosecution to cross-examine the defendant about their own previous convictions or bad character under the Criminal Justice Act 2003.
- Published on
KembaraXtra – Legal Terms – Imputation of Unchastity
An imputation of unchastity involves a statement alleging sexual immorality or adultery. Historically, such statements were actionable in defamation law without proof of financial loss. This special rule was abolished by the Defamation Act 2013, which now requires proof of serious harm to reputation in all defamation cases.
- Published on
KembaraXtra – Legal Terms – In Bonis
In bonis is a Latin expression meaning “in the goods of.” It is used primarily in succession and probate law to describe matters relating to the property or estate of a deceased person. When legal proceedings concern the administration, distribution, or ownership of a deceased person’s assets, those proceedings may be described as being in bonis, emphasizing that they relate specifically to the deceased’s goods rather than to personal obligations.