 Bailiff.com.au |
 |
 |
M
Mandamus
A writ which commands an individual, organisation, administrative tribunal or inferior court to perform a certain act, usually to correct a prior illegal action or a failure to act in the first place.
Mens rea
Latin - guilty mind. Many serious crimes require the proof of "mens rea" before a person can be convicted. The prosecution must prove not only that the accused committed the offence but that he or she did it knowing that it was prohibited and that their act or omission was done with an intent to commit a crime.
Merger Clause
A document stating that the contract in question represents the entire understanding of all parties involved. It also ensures that pre-contractual misinterpretations are clearly outlined and explained.
Misrepresentation
An untrue statement of fact. A false and material statement which induces a party to enter into a contract. This is a ground for rescission of the contract.
N
Negligence
Failure to use such care as a reasonably prudent and careful person would use under similar circumstances.
Next of kin
The nearest blood relative of a deceased.
Non est factum
Latin - not his deed. Special defense in contract law allowing a person to avoid a contract that she or he signed because of certain reasons such as a mistake as to the kind of contract.
Nuisance
Activity which arises from unreasonable, unwarranted or unlawful use by a person of his or her own property, which results in obstruction, injury or material annoyance, inconvenience and discomfort to others or to the public .
O
OfferA proposal to do something or pay an amount which, if accepted, completes the contract and binds the person that made the offer and the person that accepted the offer to the terms of the contract.
Old system title
Title to land as established from a series of instruments which trace trace the history of the ownership of the land. It has been largely superceded in Australia by title by registration under the Torrens system.
Op. cit.
Latin - opere citato. In the work cited.
«‹
›»