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KembaraXtra – Legal Terms – Per Incuriam
Per incuriam is a Latin expression meaning “through lack of care”.
A judicial decision is made per incuriam when the court overlooks a binding precedent or relevant statutory provision.
Such decisions may not carry normal precedential authority.
Higher courts may decline to follow decisions considered per incuriam.
The doctrine helps preserve consistency and correctness in legal precedent.
Per incuriam is a Latin expression meaning “through lack of care”.
A judicial decision is made per incuriam when the court overlooks a binding precedent or relevant statutory provision.
Such decisions may not carry normal precedential authority.
Higher courts may decline to follow decisions considered per incuriam.
The doctrine helps preserve consistency and correctness in legal precedent.
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KembaraXtra – Legal Terms – Percipient Witness
A percipient witness is a witness who gives evidence based on direct personal observation.
Such a witness testifies about facts personally seen, heard, or experienced.
The witness provides factual evidence rather than expert opinion.
Percipient witnesses are commonly referred to as witnesses of fact.
Their evidence is generally considered direct evidence in court proceedings.
A percipient witness is a witness who gives evidence based on direct personal observation.
Such a witness testifies about facts personally seen, heard, or experienced.
The witness provides factual evidence rather than expert opinion.
Percipient witnesses are commonly referred to as witnesses of fact.
Their evidence is generally considered direct evidence in court proceedings.
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KembaraXtra – Legal Terms – Per Autre Vie
Per autre vie is a legal expression meaning “for the life of another”.
It refers to an estate or interest in land that lasts for the lifetime of another specified person.
The holder of the estate enjoys rights in the property only while that person remains alive.
When the named person dies, the estate automatically ends.
The term commonly appears in relation to an Estate Pur Autre Vie.
Per autre vie is a legal expression meaning “for the life of another”.
It refers to an estate or interest in land that lasts for the lifetime of another specified person.
The holder of the estate enjoys rights in the property only while that person remains alive.
When the named person dies, the estate automatically ends.
The term commonly appears in relation to an Estate Pur Autre Vie.
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KembaraXtra – Legal Terms – Periodic Tenancy
A periodic tenancy is a tenancy that continues automatically from one rental period to the next.
Rent is usually payable weekly, monthly, quarterly, or yearly.
The tenancy continues until terminated by a valid notice to quit.
Periodic tenancies may arise through express agreement or by implication from conduct, such as continued acceptance of rent.
The required notice period to terminate the tenancy is generally equal to one rental period.
A periodic tenancy is a tenancy that continues automatically from one rental period to the next.
Rent is usually payable weekly, monthly, quarterly, or yearly.
The tenancy continues until terminated by a valid notice to quit.
Periodic tenancies may arise through express agreement or by implication from conduct, such as continued acceptance of rent.
The required notice period to terminate the tenancy is generally equal to one rental period.
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KembaraXtra – Legal Terms – Perils of the Seas
Perils of the seas are risks covered under marine insurance relating to accidental maritime dangers.
Examples include violent storms, collisions, grounding, or striking submerged objects.
The term applies only to fortuitous or unexpected maritime accidents.
Ordinary wear and tear caused by normal wind and wave action is excluded.
Coverage under marine insurance depends on whether the loss resulted from a true maritime peril.
Perils of the seas are risks covered under marine insurance relating to accidental maritime dangers.
Examples include violent storms, collisions, grounding, or striking submerged objects.
The term applies only to fortuitous or unexpected maritime accidents.
Ordinary wear and tear caused by normal wind and wave action is excluded.
Coverage under marine insurance depends on whether the loss resulted from a true maritime peril.
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KembaraXtra – Legal Terms – Peppercorn Rent
A peppercorn rent is a very small or nominal rent reserved under a lease.
The rent is often purely symbolic and may consist literally of a peppercorn.
Its purpose is to show that the lease is supported by valuable consideration.
Peppercorn rents are commonly used where parties do not intend any substantial rent to be paid.
Such arrangements are frequently seen in long leases granted for premium payments.
A peppercorn rent is a very small or nominal rent reserved under a lease.
The rent is often purely symbolic and may consist literally of a peppercorn.
Its purpose is to show that the lease is supported by valuable consideration.
Peppercorn rents are commonly used where parties do not intend any substantial rent to be paid.
Such arrangements are frequently seen in long leases granted for premium payments.
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KembaraXtra – Legal Terms – Personal Allowances
Personal allowances are fixed sums deducted from an individual’s income before income tax is calculated.
The allowances reduce the amount of taxable income.
Additional allowances may apply to elderly persons or blind individuals.
Personal allowances are generally adjusted periodically in line with economic conditions or legislation.
Trustees and personal representatives are generally not entitled to claim personal allowances.
Personal allowances are fixed sums deducted from an individual’s income before income tax is calculated.
The allowances reduce the amount of taxable income.
Additional allowances may apply to elderly persons or blind individuals.
Personal allowances are generally adjusted periodically in line with economic conditions or legislation.
Trustees and personal representatives are generally not entitled to claim personal allowances.
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KembaraXtra – Legal Terms – Personal Act
A personal Act is an Act of Parliament applying to a specific individual, organization, or locality rather than the public generally.
Such Acts are distinguished from public general Acts.
Historically, personal Acts were commonly used for matters such as divorce, estates, or local projects.
They are enacted through parliamentary procedure like other legislation.
Modern use of personal Acts has become relatively uncommon.
A personal Act is an Act of Parliament applying to a specific individual, organization, or locality rather than the public generally.
Such Acts are distinguished from public general Acts.
Historically, personal Acts were commonly used for matters such as divorce, estates, or local projects.
They are enacted through parliamentary procedure like other legislation.
Modern use of personal Acts has become relatively uncommon.
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KembaraXtra – Legal Terms – Persistent Vegetative State (PVS)
A persistent vegetative state (PVS) is a medical condition in which a person remains alive but lacks consciousness and awareness due to severe brain damage.
Patients in PVS may appear awake and may show reflex movements despite lacking meaningful awareness.
There is generally no response to communication or evidence of conscious interaction with the environment.
English law permits withdrawal of medical treatment from PVS patients in certain circumstances.
The leading authority on this issue is Airedale NHS Trust v Bland.
A persistent vegetative state (PVS) is a medical condition in which a person remains alive but lacks consciousness and awareness due to severe brain damage.
Patients in PVS may appear awake and may show reflex movements despite lacking meaningful awareness.
There is generally no response to communication or evidence of conscious interaction with the environment.
English law permits withdrawal of medical treatment from PVS patients in certain circumstances.
The leading authority on this issue is Airedale NHS Trust v Bland.
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KembaraXtra – Legal Terms – Persistent Offender
A persistent offender is a person who repeatedly commits criminal offences.
The term was formerly used in sentencing law regarding extended imprisonment for repeat criminal conduct.
Persistent offending may influence sentencing severity because it suggests ongoing disregard for the law.
Courts may treat repeated offending as an aggravating factor.
The term is closely associated with the concept of repeat offenders.
A persistent offender is a person who repeatedly commits criminal offences.
The term was formerly used in sentencing law regarding extended imprisonment for repeat criminal conduct.
Persistent offending may influence sentencing severity because it suggests ongoing disregard for the law.
Courts may treat repeated offending as an aggravating factor.
The term is closely associated with the concept of repeat offenders.