Pain and suffering
A specific head of general damages in personal injury cases. It is compensation for the immediate and ongoing mental and physical pain and suffering caused by the injury.
Legal relationship between persons carrying on business together with a view to profit.
The ability to continue operating indefinitely through a perpetual succession of people.
Power of attorney
Formal authority conferred by deed on one person by another enabling the former to act for the latter.
Quantum of damages
Amount of monetary compensation payable.
Quia timet injunction
An injunction against a threatened or apprehended injury or damage.
Quid pro quo
Latin - something for something. One thing in return for another; consideration.
Latin - reason for decision. In a judgement, the reasoning on which the ultimate decision is based. Any statement of the law logically necessary to that reasoning is binding on a lower court.
Whole of a testator's estate with the exception of any particular gifts made out of it.
A non-express trust is created without an express and intentional declaration by the settlor. There are 3 types of non-express trusts: Implied, Resulting and Constructive. A resulting trust is an implied trust where property or an interest in property returns or 'results' to you as the trust creator. Most implied trusts are resulting trusts. Many situations give rise to a resulting trust. The common ingredient is the inability to apply the fiduciary relationship over the trust property for the beneficiary. For example, your friend transfers property to you as trustee on trust for his mistress. Your friend dies. Equity assumes that there is a resulting trust of that property back to your friend (or his estate). This is only a presumption. The mistress can rebut the presumption. She can prove on the facts, that your friend intended to his mistress an immediate and unconditional beneficial interest in real estate to her exclusion. Right of survivorship
The automatic entitlement of the surviving joint tenants to the interest of any joint tenant predeceasing them.