- Published on
KembaraXtra – Legal Terms – Perished Goods
Perished goods are goods that have been destroyed or damaged so severely that they no longer satisfy the contract description.
Under the Sale of Goods Act 1979, a contract is void if specific goods had already perished before the contract was made without the seller’s knowledge.
If the goods perish after the contract is formed, the contract may become void through frustration.
The rules mainly apply to specific goods identified in the contract.
Questions concerning risk transfer determine whether the buyer or seller bears the loss.
Perished goods are goods that have been destroyed or damaged so severely that they no longer satisfy the contract description.
Under the Sale of Goods Act 1979, a contract is void if specific goods had already perished before the contract was made without the seller’s knowledge.
If the goods perish after the contract is formed, the contract may become void through frustration.
The rules mainly apply to specific goods identified in the contract.
Questions concerning risk transfer determine whether the buyer or seller bears the loss.
- Published on
KembaraXtra – Legal Terms – Peremptory Norm
A peremptory norm is a fundamental rule of international law from which no derogation is permitted.
Such norms are also known as Jus Cogens principles.
Peremptory norms bind all states regardless of consent.
Examples include prohibitions against genocide, slavery, torture, and aggressive war.
Any treaty or rule conflicting with a peremptory norm is considered void under international law.
A peremptory norm is a fundamental rule of international law from which no derogation is permitted.
Such norms are also known as Jus Cogens principles.
Peremptory norms bind all states regardless of consent.
Examples include prohibitions against genocide, slavery, torture, and aggressive war.
Any treaty or rule conflicting with a peremptory norm is considered void under international law.
- Published on
KembaraXtra – Legal Terms – Peremptory Challenge
A peremptory challenge refers to a party’s right to object to a juror without giving reasons.
Historically, it allowed defendants in criminal cases to reject certain jurors automatically.
The purpose was to help secure fairness and impartiality in jury selection.
In many jurisdictions, the use of peremptory challenges has been restricted or abolished.
The term is associated with the process known as challenge to jury.
A peremptory challenge refers to a party’s right to object to a juror without giving reasons.
Historically, it allowed defendants in criminal cases to reject certain jurors automatically.
The purpose was to help secure fairness and impartiality in jury selection.
In many jurisdictions, the use of peremptory challenges has been restricted or abolished.
The term is associated with the process known as challenge to jury.
- Published on
KembaraXtra – Legal Terms – Per Curiam
Per curiam is a Latin expression meaning “by the court”.
It describes a judgment or statement delivered collectively on behalf of the court rather than by an individual judge alone.
The term is commonly used in appellate courts with multiple judges.
A judgment delivered per curiam represents the unanimous or collective reasoning of the bench.
The phrase is often abbreviated as “per cur”.
Per curiam is a Latin expression meaning “by the court”.
It describes a judgment or statement delivered collectively on behalf of the court rather than by an individual judge alone.
The term is commonly used in appellate courts with multiple judges.
A judgment delivered per curiam represents the unanimous or collective reasoning of the bench.
The phrase is often abbreviated as “per cur”.
- Published on
KembaraXtra – Legal Terms – Performance Bond
A performance bond is a financial guarantee ensuring that contractual obligations will be properly performed.
The bond is commonly used in construction and commercial contracts.
If the contractor fails to perform, the beneficiary may claim compensation under the bond.
Performance bonds are usually issued by banks or insurance companies.
The bond protects against financial loss arising from non-performance or defective performance.
A performance bond is a financial guarantee ensuring that contractual obligations will be properly performed.
The bond is commonly used in construction and commercial contracts.
If the contractor fails to perform, the beneficiary may claim compensation under the bond.
Performance bonds are usually issued by banks or insurance companies.
The bond protects against financial loss arising from non-performance or defective performance.
- Published on
KembaraXtra – Legal Terms – Performers’ Rights
Performers’ rights protect performers such as musicians, actors, and singers from unauthorized recording or broadcasting of their performances.
These rights arise under the Copyright, Designs and Patents Act 1988.
Unauthorized recording, broadcasting, or importation of illicit recordings may infringe performers’ rights.
Performers often assign recording rights contractually to record companies.
Protection for performances generally lasts for 70 years following legislative reforms derived from retained EU law.
Performers’ rights protect performers such as musicians, actors, and singers from unauthorized recording or broadcasting of their performances.
These rights arise under the Copyright, Designs and Patents Act 1988.
Unauthorized recording, broadcasting, or importation of illicit recordings may infringe performers’ rights.
Performers often assign recording rights contractually to record companies.
Protection for performances generally lasts for 70 years following legislative reforms derived from retained EU law.
- Published on
KembaraXtra – Legal Terms – Performance of Contract
Performance of contract refers to the carrying out of obligations agreed upon by parties to a contract.
Complete performance by both parties normally discharges the contract entirely.
Contracts may be divisible, where obligations are independent, or entire, where obligations are interdependent.
Modern law recognizes substantial performance, allowing partial recovery despite minor defects.
Performance may also occur through tender of performance or authorized third parties such as subcontractors.
Performance of contract refers to the carrying out of obligations agreed upon by parties to a contract.
Complete performance by both parties normally discharges the contract entirely.
Contracts may be divisible, where obligations are independent, or entire, where obligations are interdependent.
Modern law recognizes substantial performance, allowing partial recovery despite minor defects.
Performance may also occur through tender of performance or authorized third parties such as subcontractors.
- Published on
KembaraXtra – Legal Terms – Per Capita
Per capita is a Latin expression meaning “by heads” or “for each person”.
In succession law, distribution per capita means each beneficiary receives an equal share individually.
The method treats all entitled persons equally regardless of family branch.
For example, if four beneficiaries inherit per capita, each receives one-quarter of the estate.
Per capita distribution differs from distribution per stirpes, where shares are divided according to family lines.
Per capita is a Latin expression meaning “by heads” or “for each person”.
In succession law, distribution per capita means each beneficiary receives an equal share individually.
The method treats all entitled persons equally regardless of family branch.
For example, if four beneficiaries inherit per capita, each receives one-quarter of the estate.
Per capita distribution differs from distribution per stirpes, where shares are divided according to family lines.
- Published on
KembaraXtra – Legal Terms – Perfect Trust
A perfect trust is a trust that has been fully and properly constituted.
It is also known as an executed trust.
The settlor must have transferred the trust property effectively to the trustees or beneficiaries.
Once properly constituted, the trust becomes enforceable in equity.
Courts generally will not perfect an incomplete or imperfect trust voluntarily.
A perfect trust is a trust that has been fully and properly constituted.
It is also known as an executed trust.
The settlor must have transferred the trust property effectively to the trustees or beneficiaries.
Once properly constituted, the trust becomes enforceable in equity.
Courts generally will not perfect an incomplete or imperfect trust voluntarily.
- Published on
KembaraXtra – Legal Terms – Perfect Gift
A perfect gift is a gift in which ownership of the property has been fully transferred from the donor to the donee.
Once perfected, the gift becomes legally complete and irrevocable.
Equity generally will not assist in completing an imperfect gift.
A mere promise to make a gift is usually unenforceable because no consideration is given.
The doctrine is closely linked to principles governing trusts and voluntary transfers.
A perfect gift is a gift in which ownership of the property has been fully transferred from the donor to the donee.
Once perfected, the gift becomes legally complete and irrevocable.
Equity generally will not assist in completing an imperfect gift.
A mere promise to make a gift is usually unenforceable because no consideration is given.
The doctrine is closely linked to principles governing trusts and voluntary transfers.