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E
| Earning
capacity |
| The
physical and mental ability of a person to engage in employment
for remuneration. |
| Easement |
| A
right a person has in relation to the land of another person,
the exercise of which interferes with the normal rights of
the owner or occupier of that land. To be legally enforceable
an easement must have four properties: (a) a dominant tenement
which benefits from the easement; (b) a servient tenement
which is subject to the easement; (c) the dominant and servient
tenements must be owned by different persons; (d) the easement
must be of a type recognised in law. Easements may be negative
or positive and be created by grant, by reservation from sale,
by prescription, or by lodgment of a deposited plan and prescribed
instrument. |
| Economic
loss |
| Injury
to person or property resulting in detriment to a person’s
income or wealth. In negligence, economic loss falls into
one of two categories. ‘Consequential economic loss’ results
from negligently caused personal injury or property damage
suffered by a person and is generally readily recoverable.
‘Pure economic loss’ is loss unaccompanied by personal injury
or property damage and may be recovered in certain situations. |
| Egg
shell skull rule |
| The
rule which requires that a tortfeasor take his or her victim
as the tortfeasor finds him or her, with all the victim’s
weaknesses, reactions and attributes. Once it is established
that the defendant could have foreseen some injury of the
kind suffered by the plaintiff, the defendant is responsible
for the full extent of damage to the plaintiff, even though
the damage was greater than that which would have been suffered
by the ordinary person, because of some unusual weaknesses
or defects of the plaintiff. It is irrelevant that the defendant
could not foresee the greater harm. |
| Ejectment |
1.
An action for taking possession of land brought by a person
out of possession against the person in possession. The action
can be maintained by the title holder of the land or by a
previous possessor of the land. The plaintiff must show a
better right to possession. An action of ejectment is the
appropriate procedure to stop adverse possession of land.
2. An occupier’s right to remove trespassers from the land
or premises occupied, using such force as is reasonable in
the circumstances. If a person has entered the premises with
permission, a reasonable time must be given for the person
to be allowed to leave before they may be treated as a trespasser. |
| Ejusdem
generis |
| Latin
- of the same kind. A rule of statutory interpretation the
consequence of which is that any general term at the end of
a sentence containing specific terms cannot be construed any
wider than the general category which the specific terms fall
into. |
| Encroachment |
| The
illegal intrusion by one land owner, either by natural or
man made features, onto the land of another. |
| Encumbrance |
| A
charge or burden. Encumbrances generally arise on property. |
| Ex
dolo malo non oritur actio |
| Latin
- a cause of action will not arise out of a fraud. |
| Ex
post facto |
| Latin
- having effect retrospectively. |
| Exemplary
damages |
| Damages
awarded by a court to represent a condemnation of the actions
of the defendent. |
| Express
trust |
| A
trust created with an expressed intention. |
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