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Legal Terms – Cessat Lex Ipsa , Cessante Ratione Legis
cessat lex ipsa, cessante ratione legis [Latin: a law ceases to exist when its purpose is fulfilled] the idea that a law expires along with the conditions that gave rise to it. The immunity of counsel, as addressed by Lord Hoffmann in Arthur J. S. Hall & Co. v. Simons [2002] 1 AC 615 (HL), is a fair illustration of this.
cessat lex ipsa, cessante ratione legis [Latin: a law ceases to exist when its purpose is fulfilled] the idea that a law expires along with the conditions that gave rise to it. The immunity of counsel, as addressed by Lord Hoffmann in Arthur J. S. Hall & Co. v. Simons [2002] 1 AC 615 (HL), is a fair illustration of this.
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Legal Terms - cessate grant
1. A grant that renews an earlier award that has expired, such as a lease. 2. Following the issuance of the first grant, another *award of representation
was restricted or conditional in some kind, and it hasn't been fulfilled since the original grantee passed away or the condition hasn't been met. In contrast to a grant *de bonis non administratis, it functions as a re-grant of the entire estate rather than only the unadministered portion and is typically necessary when the deceased person's estate has not been properly administered. For instance, upon the minor's 18th birthday, a cessate grant is necessary when *letters of administration are given to an individual for the benefit and use of the minor designated as executor.
1. A grant that renews an earlier award that has expired, such as a lease. 2. Following the issuance of the first grant, another *award of representation
was restricted or conditional in some kind, and it hasn't been fulfilled since the original grantee passed away or the condition hasn't been met. In contrast to a grant *de bonis non administratis, it functions as a re-grant of the entire estate rather than only the unadministered portion and is typically necessary when the deceased person's estate has not been properly administered. For instance, upon the minor's 18th birthday, a cessate grant is necessary when *letters of administration are given to an individual for the benefit and use of the minor designated as executor.
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Legal Terms – Cesser
cesser: The early termination of an interest or right. For instance, supposing land is held in trust for A for his whole life, provided he remains single, and if he marries, A's life interest is terminated for B. A mortgage by demise, which is the giving of a lease, stipulates a cesser on redemption, meaning that the tenancy terminates when the loan is paid off.
cesser: The early termination of an interest or right. For instance, supposing land is held in trust for A for his whole life, provided he remains single, and if he marries, A's life interest is terminated for B. A mortgage by demise, which is the giving of a lease, stipulates a cesser on redemption, meaning that the tenancy terminates when the loan is paid off.
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Legal Terms - cesser clause
A clause inserted in a charterparty when the charterer intends to transfer to a shipper his right to have goods carried. It provides that the shipowner is to have a lien over the shipper’s goods for the freight payable under the charterparty, and that the charterer’s liability for that freight will cease accordingly on shipment of a full cargo.
A clause inserted in a charterparty when the charterer intends to transfer to a shipper his right to have goods carried. It provides that the shipowner is to have a lien over the shipper’s goods for the freight payable under the charterparty, and that the charterer’s liability for that freight will cease accordingly on shipment of a full cargo.
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Legal Terms – Cession
cession n. The transfer of sovereignty over a territory by means of a treaty. This may either be a peace treaty (e.g. the peace treaty between France and Germany in 1871 that made Alsace-Lorraine part of the German empire), a treaty to exchange territory (e.g. the treaty of 1890 whereby the UK ceded Heligoland to Germany in exchange for Zanzibar), or more
rarely a treaty bestowing a gift.
cession n. The transfer of sovereignty over a territory by means of a treaty. This may either be a peace treaty (e.g. the peace treaty between France and Germany in 1871 that made Alsace-Lorraine part of the German empire), a treaty to exchange territory (e.g. the treaty of 1890 whereby the UK ceded Heligoland to Germany in exchange for Zanzibar), or more
rarely a treaty bestowing a gift.
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Legal Terms – Cestui que Trust
cestui que trust [Norman French, from cestui à que trust, he for whom is
the trust] A beneficiary under a trust.
cestui que trust [Norman French, from cestui à que trust, he for whom is
the trust] A beneficiary under a trust.
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Legal Terms – Cestui Que Use
cestui que use [Norman French, from cestui à que use, he to whose use] A person to whose use (i.e. for whose benefit) property was held by
another. The modern equivalent is the *beneficiary
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Legal Terms - Central Criminal Court
The primary Crown Court for Central London, commonly referred to as the Old Bailey due to its location. The court's senior circuit judge holds the esteemed title of Recorder of London, while the deputy judge is referred to as the Common Serjeant. According to custom, the Lord Mayor of London and any City aldermen
The primary Crown Court for Central London, commonly referred to as the Old Bailey due to its location. The court's senior circuit judge holds the esteemed title of Recorder of London, while the deputy judge is referred to as the Common Serjeant. According to custom, the Lord Mayor of London and any City aldermen
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Legal Terms - Central Office
The administrative structure of the Senior Courts in London, responsible for issuing claim forms. The business is overseen by the Queen's Bench Masters, one of whom presides as the practice master each day to provide any necessary guidance on matters of practice and procedure.
The administrative structure of the Senior Courts in London, responsible for issuing claim forms. The business is overseen by the Queen's Bench Masters, one of whom presides as the practice master each day to provide any necessary guidance on matters of practice and procedure.
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Legal Terms - Certainty
Certainty, in the context of contract law, refers to the state or quality of being definite, clear, and unambiguous. An incomplete or excessively ambiguous contract is unenforceable. Courts lack the authority to draft the contract on behalf of the parties, although they do have the power to
Only enforce a legally binding contract (G Scammell and Nephew Ltd v HC & JG Ouston [1941] 1 AC 25). However, it is not necessary for every aspect of the contract to be unambiguous. Courts will endeavor to uphold the objectives of the parties by employing a rational interpretation of the contract, taking into account customary practices or use, and by referencing external benchmarks (such as utilizing the prevailing market value to establish pricing in cases where it has been excluded).
According to the case of Nicolene v Simmonds [1953] 1 Lloyd's Rep. 189, if a phrase in a contract is found to be useless and may be removed from the contract without impacting its validity, the courts will disregard it. The contract will not be considered incomplete if it includes a mechanism for resolving an ambiguous aspect.
Certainty, in the context of contract law, refers to the state or quality of being definite, clear, and unambiguous. An incomplete or excessively ambiguous contract is unenforceable. Courts lack the authority to draft the contract on behalf of the parties, although they do have the power to
Only enforce a legally binding contract (G Scammell and Nephew Ltd v HC & JG Ouston [1941] 1 AC 25). However, it is not necessary for every aspect of the contract to be unambiguous. Courts will endeavor to uphold the objectives of the parties by employing a rational interpretation of the contract, taking into account customary practices or use, and by referencing external benchmarks (such as utilizing the prevailing market value to establish pricing in cases where it has been excluded).
According to the case of Nicolene v Simmonds [1953] 1 Lloyd's Rep. 189, if a phrase in a contract is found to be useless and may be removed from the contract without impacting its validity, the courts will disregard it. The contract will not be considered incomplete if it includes a mechanism for resolving an ambiguous aspect.
