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Legal Terms - conservation area
The Planning (Listed Buildings and Conservation Areas) Act 1990 (s. 69, 70) defines a conservation area as an area of outstanding architectural or historic interest, "the character or appearance of which it is desirable to preserve or enhance." All buildings within the region are safeguarded as though they were *listed buildings, and any tree that isn't covered by a *tree preservation order can only be chopped down, felled, etc., with permission from the appropriate authorities.
The Planning (Listed Buildings and Conservation Areas) Act 1990 (s. 69, 70) defines a conservation area as an area of outstanding architectural or historic interest, "the character or appearance of which it is desirable to preserve or enhance." All buildings within the region are safeguarded as though they were *listed buildings, and any tree that isn't covered by a *tree preservation order can only be chopped down, felled, etc., with permission from the appropriate authorities.
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Legal Terms – Consideration
1. An act, promise, or forbearance by one party to a contract that serves as the sum for which he purchases the other party's promise (Dunlop v. Selfridge [1915] AC 847 (HL)). A naked agreement, or nudum pactum, is not legally enforceable in the absence of consideration. It is subject to the maxim ex nudo pacto non oritur actio, which states that a naked agreement does not give rise to a right of action. If the understanding is
a deed (a "contract under seal"), even in the event that consideration is lacking.
Four main concepts underpin the idea of consideration:
1. A valuable consideration is necessary, meaning that the promise, act, or forbearance must have some monetary worth. A pledge cannot be upheld by mere good consideration, such as natural love and affection or a moral obligation (Thomas v. Thomas (1842) 2 QB 851, 114 ER 330).
2. Though consideration must be substantial, it need not be adequate. In this perspective, to be insufficient means that, provided it has some economic worth, it need not represent a reasonable cost for the promise it purchases. Even though X's offer to sell Y his £250,000 house for £25,000 is less than the market value, Y is still providing adequate consideration. According to Silk v. Myrick (1809) 2 Camp 317, 170 ER 1168, a person's performance of, or promise to perform, an existing contractual duty usually cannot be considered consideration. However, in certain situations, such as in a divorce, it may be deemed sufficient consideration if it provides the other party with a practical benefit (Williams v. Roffey Bros & Nicholls (Contractors) Ltd [1990] 1 QB 1 (CA)). Sufficient compensation may include a contractual obligation owed to a third party (Scotson v. Pegg [1861] EWHC Exch J2). Going above and beyond what is required by law does not amount to sufficient consideration (Collins v. Godefroy [1831] 109 ER 1040), but it can (Glasbrook Brothers v. Glamorgan County Council [1925] AC 270 (HL)).
3. The promisee must be taken into consideration. Z cannot therefore enforce Y's commitment to offer Z employment if X agrees to give Y £1,000 in exchange for Y's promise to do so because X has not provided the consideration for it.
4. Thoughts must not be past; they can be executory or executed. Executory consideration is a promise given in exchange for another promise (as in a sale contract); executed consideration is an act or forbearance given in exchange for a promise (as in providing information to get a reward). Forbearance, on the other hand, is a completed act and is past contemplation with regard to any future promise. As an illustration, if X provides Y with information without charge and Y later agrees to compensate him, this is past consideration and does not qualify as consideration (Eastwood v. Kenyon (1840) 113 ER 482 (QB)). The act may not be performed at
the promisor's request, the parties recognized that the deed would be rewarded, and if the cash or other advantages had been guaranteed beforehand, it would have been legally enforceable (Lampleigh v. Braithwaith (1615) 80 ER 255).
Additionally, there are two statutory exemptions: a prior debt may be considered consideration under the terms of Section 29(5) of the Limitations Act 1980 and an antecedent debt or liability may serve as sufficient consideration for a *bill of exchange under Section 27 of the Bills of Exchange Act 1882. 2. The actual amount received on the *disposal of an asset, expressed in cash or cash equivalent, is considered consideration for stamp duty and capital gains tax purposes. It is possible for any receipt to be regarded as consideration. According to Marren v. Ingles [1980] UKHL TC, consideration may include the right to an additional amount if, for example, profit targets are met. Such consideration is an asset, and it generates a second capital gain when it is sold. The ability to convey consideration in money, even if it is not in cash, is a requirement for VAT (Case 154/80 Staatssecretaris van Financiën vs Coöperatieve Aardappelenbewaarplaats GA [1981] ECR 445).
1. An act, promise, or forbearance by one party to a contract that serves as the sum for which he purchases the other party's promise (Dunlop v. Selfridge [1915] AC 847 (HL)). A naked agreement, or nudum pactum, is not legally enforceable in the absence of consideration. It is subject to the maxim ex nudo pacto non oritur actio, which states that a naked agreement does not give rise to a right of action. If the understanding is
a deed (a "contract under seal"), even in the event that consideration is lacking.
Four main concepts underpin the idea of consideration:
1. A valuable consideration is necessary, meaning that the promise, act, or forbearance must have some monetary worth. A pledge cannot be upheld by mere good consideration, such as natural love and affection or a moral obligation (Thomas v. Thomas (1842) 2 QB 851, 114 ER 330).
2. Though consideration must be substantial, it need not be adequate. In this perspective, to be insufficient means that, provided it has some economic worth, it need not represent a reasonable cost for the promise it purchases. Even though X's offer to sell Y his £250,000 house for £25,000 is less than the market value, Y is still providing adequate consideration. According to Silk v. Myrick (1809) 2 Camp 317, 170 ER 1168, a person's performance of, or promise to perform, an existing contractual duty usually cannot be considered consideration. However, in certain situations, such as in a divorce, it may be deemed sufficient consideration if it provides the other party with a practical benefit (Williams v. Roffey Bros & Nicholls (Contractors) Ltd [1990] 1 QB 1 (CA)). Sufficient compensation may include a contractual obligation owed to a third party (Scotson v. Pegg [1861] EWHC Exch J2). Going above and beyond what is required by law does not amount to sufficient consideration (Collins v. Godefroy [1831] 109 ER 1040), but it can (Glasbrook Brothers v. Glamorgan County Council [1925] AC 270 (HL)).
3. The promisee must be taken into consideration. Z cannot therefore enforce Y's commitment to offer Z employment if X agrees to give Y £1,000 in exchange for Y's promise to do so because X has not provided the consideration for it.
4. Thoughts must not be past; they can be executory or executed. Executory consideration is a promise given in exchange for another promise (as in a sale contract); executed consideration is an act or forbearance given in exchange for a promise (as in providing information to get a reward). Forbearance, on the other hand, is a completed act and is past contemplation with regard to any future promise. As an illustration, if X provides Y with information without charge and Y later agrees to compensate him, this is past consideration and does not qualify as consideration (Eastwood v. Kenyon (1840) 113 ER 482 (QB)). The act may not be performed at
the promisor's request, the parties recognized that the deed would be rewarded, and if the cash or other advantages had been guaranteed beforehand, it would have been legally enforceable (Lampleigh v. Braithwaith (1615) 80 ER 255).
Additionally, there are two statutory exemptions: a prior debt may be considered consideration under the terms of Section 29(5) of the Limitations Act 1980 and an antecedent debt or liability may serve as sufficient consideration for a *bill of exchange under Section 27 of the Bills of Exchange Act 1882. 2. The actual amount received on the *disposal of an asset, expressed in cash or cash equivalent, is considered consideration for stamp duty and capital gains tax purposes. It is possible for any receipt to be regarded as consideration. According to Marren v. Ingles [1980] UKHL TC, consideration may include the right to an additional amount if, for example, profit targets are met. Such consideration is an asset, and it generates a second capital gain when it is sold. The ability to convey consideration in money, even if it is not in cash, is a requirement for VAT (Case 154/80 Staatssecretaris van Financiën vs Coöperatieve Aardappelenbewaarplaats GA [1981] ECR 445).
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Legal Terms - Consolidated Criminal Practice Direction
n. A consolidation of existing *Practice Directions, Practice Statements, and Practice Notes as they affect proceedings in the Court of Appeal (Criminal Division), the Crown Court, and the magistrates’ courts; it does not include the Practice Directions relating to costs.
P
n. A consolidation of existing *Practice Directions, Practice Statements, and Practice Notes as they affect proceedings in the Court of Appeal (Criminal Division), the Crown Court, and the magistrates’ courts; it does not include the Practice Directions relating to costs.
P
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Legal Terms - conditional agreement
An agreement that will become operative—if at all—when a certain, unspecified event occurs.
An agreement that will become operative—if at all—when a certain, unspecified event occurs.
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Legal Terms - conditional fee agreement (CFA)
A written agreement between the client and the attorney for legal services in litigation, which states that the attorney will not be entitled to all or part of his usual fees in the event that the case is lost. This kind of deal is called a "no win, no fee" agreement. If successful, the attorney is entitled to a greater fee (by claiming a larger *uplift) in exchange for taking on the risk of such an arrangement. The claimant can be required to reimburse the other party's expenses if he loses the case. Therefore, there is some danger associated with the litigation; however, this risk can be managed by purchasing insurance, which has a cost associated with it. The Courts and Legal Services Act 1990, the Access to Justice Act 1999, and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 specify the circumstances under which a conditional fee agreement may be made (that is, the kinds of proceedings in which they are available and the maximum percentage increase in fees permitted). Conditional fee agreements are illegal in most areas of the law, although they are permitted in a few specific types of cases, such as personal injury lawsuits
A written agreement between the client and the attorney for legal services in litigation, which states that the attorney will not be entitled to all or part of his usual fees in the event that the case is lost. This kind of deal is called a "no win, no fee" agreement. If successful, the attorney is entitled to a greater fee (by claiming a larger *uplift) in exchange for taking on the risk of such an arrangement. The claimant can be required to reimburse the other party's expenses if he loses the case. Therefore, there is some danger associated with the litigation; however, this risk can be managed by purchasing insurance, which has a cost associated with it. The Courts and Legal Services Act 1990, the Access to Justice Act 1999, and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 specify the circumstances under which a conditional fee agreement may be made (that is, the kinds of proceedings in which they are available and the maximum percentage increase in fees permitted). Conditional fee agreements are illegal in most areas of the law, although they are permitted in a few specific types of cases, such as personal injury lawsuits
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Legal Terms - conditional order
the first version of a *divorce order or a *nullity of marriage order when the Divorce, Dissolution and Separation Act 2020 fully takes effect. Hence, the conditional order is the analog of the previous *decree nisi. Until the conditional order is rendered formal, the parties to the marriage are, for the most part, still married. When one or both parties petition for a divorce order and declare that the marriage has irretrievably broken down, a conditional order under the Matrimonial Causes Act 1973 (as amended by the 2020 Act) must be made. Nevertheless, one or both parties must declare that they want the application to proceed before the conditional order can be issued. Usually, this confirmation cannot be given until 20 weeks after the procedures have begun. Usually, the divorce decree cannot be finalized until six weeks following the issuance of the conditional decree. The *Queen's Proctor or any member of the public may intervene to stop the order from becoming final during the interim between the conditional order and the divorce order, and the order may be revoked if it was acquired by fraud. Prior to the finalization of a marriage order nullity, similar intervention may be conceivable. When it comes to ending a civil partnership, the phrase "conditional order" has always been used.
the first version of a *divorce order or a *nullity of marriage order when the Divorce, Dissolution and Separation Act 2020 fully takes effect. Hence, the conditional order is the analog of the previous *decree nisi. Until the conditional order is rendered formal, the parties to the marriage are, for the most part, still married. When one or both parties petition for a divorce order and declare that the marriage has irretrievably broken down, a conditional order under the Matrimonial Causes Act 1973 (as amended by the 2020 Act) must be made. Nevertheless, one or both parties must declare that they want the application to proceed before the conditional order can be issued. Usually, this confirmation cannot be given until 20 weeks after the procedures have begun. Usually, the divorce decree cannot be finalized until six weeks following the issuance of the conditional decree. The *Queen's Proctor or any member of the public may intervene to stop the order from becoming final during the interim between the conditional order and the divorce order, and the order may be revoked if it was acquired by fraud. Prior to the finalization of a marriage order nullity, similar intervention may be conceivable. When it comes to ending a civil partnership, the phrase "conditional order" has always been used.
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Legal Terms - conditional interest
An interest that can be forfeited at the creator's discretion upon the fulfillment of a predetermined condition; for instance, when A transfers land to B in fee simple with a rent charge and reserves the right of forfeiture in the event that payment is not made. The Law of Property (Amendment) Act 1926 states that a conditional interest in property can be considered a legal estate since it meets the requirements for being a *fee simple absolute in possession.
An interest that can be forfeited at the creator's discretion upon the fulfillment of a predetermined condition; for instance, when A transfers land to B in fee simple with a rent charge and reserves the right of forfeiture in the event that payment is not made. The Law of Property (Amendment) Act 1926 states that a conditional interest in property can be considered a legal estate since it meets the requirements for being a *fee simple absolute in possession.
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Legal Terms - conditional sale agreement
a sales agreement wherein the buyer is in possession of the products but ownership does not transfer to him until certain requirements for payment of the price or other items are met. The price may be paid in installments. As security, the vendor keeps possession of the products until he receives payment. If the buyer is an individual and the agreement is not otherwise exempt, a conditional sale agreement is a *consumer-credit agreement; it is governed by the Consumer Credit Act 1974 as revised by the Consumer Credit Act 2006.
a sales agreement wherein the buyer is in possession of the products but ownership does not transfer to him until certain requirements for payment of the price or other items are met. The price may be paid in installments. As security, the vendor keeps possession of the products until he receives payment. If the buyer is an individual and the agreement is not otherwise exempt, a conditional sale agreement is a *consumer-credit agreement; it is governed by the Consumer Credit Act 1974 as revised by the Consumer Credit Act 2006.
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Legal Terms – condominium
n. 1. Joint sovereignty over a territory by two or more states (the word is also used for the territory subject to joint sovereignty). For instance, until 1980, the South Pacific's New Hebrides Islands were a Franco-British condominium. Although there is shared sovereignty, each co-governing power has independent authority over its own constituents. Compare 2. Common ownership of the building's areas used jointly with individual ownership of a portion of the building (such as an apartment in a complex of apartments).
n. 1. Joint sovereignty over a territory by two or more states (the word is also used for the territory subject to joint sovereignty). For instance, until 1980, the South Pacific's New Hebrides Islands were a Franco-British condominium. Although there is shared sovereignty, each co-governing power has independent authority over its own constituents. Compare 2. Common ownership of the building's areas used jointly with individual ownership of a portion of the building (such as an apartment in a complex of apartments).
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egal Terms – confederation
n. A formal association of states loosely bound by a treaty, in many cases one establishing a central governing mechanism with specified powers over member states but not directly over citizens of those states. The member nations of a confederation maintain their national sovereignty and, as a result, their right to *secession.
n. A formal association of states loosely bound by a treaty, in many cases one establishing a central governing mechanism with specified powers over member states but not directly over citizens of those states. The member nations of a confederation maintain their national sovereignty and, as a result, their right to *secession.
