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P
| 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. |
| Partnership |
| Legal
relationship between persons carrying on business together
with a view to profit. |
| Perpetual
succession |
| 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. |
Q
| 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. |
R
| Ration
decidendi |
| 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. |
| Residue |
| Whole
of a testator's estate with the exception of any particular
gifts made out of it. |
| Resulting
trust |
| 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. |
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