Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Area bargaining
negotiation by a union of collective-bargaining agreements with scwer~ employers in a particular geographic area.
Bargain
n. An agreement between parties for the exchange of promises or performances. ( a bargain is not necessarily a contract because the consideration may be insufficient or the transaction may be illegal. - bargain, ub. "a bargain is an agreement of two or more persons to exchange promises, or to exchange a promise for a performance. Thus defined, 'bargain' is at once narrower than 'agreement' in that it is not applicable to all agreements, and broader than 'contract,' since it includes a promise given in exchange for insufficient consideration. It also covers transactions which the law refuses to recognize as contracts because of illegality." samuel williston, a treatise on the law of contracts § 2a, at 7 (walter h.e. jaeger ed., 3d ed. 1957).
Bargain and sale
a written agreement for the sale of land whereby the buyer would give valuable consideration (recited in the agreement) without having to enter the land and perform livery of seisin, so that the parties equitably "raised a use" in the buyer. ( the result of the bargain and sale was to leave the legal estate in fee simple in the seller and to create an equitable estate in fee simple in the buyer.
Bargain money.
see earnest money.
Bargain purchase.
see bargain sale
Bargain sale
a sale of property for less than its fair market value. 0 for tax purposes, the difference between the sale price and the fair market value must be taken into account. And bargain sales between family members may lead to gift-tax consequences. - also termed bargain purchase.
Bargain theory of consideration.
the theory that a promise in exchange for a promise is sufficient consideration for a contract. ( this theory underlies all bilateral contracts. See bilateral contract under contract. "we saw earlier that classical contract theory tended to associate the doctrine of consideration with the concept of bargain. The emphasis of classical law shifted away from actual benefits and detriments to the mutual promises which constitute a wholly executory contract. American lawyers developed from this trend a bargain theory of consideration' and similarly in english law a more modern basis for the doctrine of consideration was found by some lawyers in the notion that a contract is a bargain in which the consideration is the price of the bargain. Allied to this price' of the bargain." p.s. atiyah, an introduction to the law of contract 119 (3d ed. 1981)
Bargain-and-sale deed.
see deed.
Bargainee.
the buyer in a bargained-for exchange.
Bargaining agent.
see agent.
Bargaining unit
A group of employees authorized to engage in collective bargaining on behalf of all the employees of a company or an industry sector.
Bargainor
The seller in a bargained-for exchange.
Gain
n. 1. An increase in amount, degree, or value. pecuniary gain. 1. A gain of money or of something having monetary value. 2. Criminal law. Any monetary or economic gain that serves as an impetus for the commission of an offense. 0 In most states, an offense and its punishment are aggravated if the offense was committed for pecuniary gain. Murder, for example, is often aggravated to capital murder if the murderer is paid to commit the Crime. SPP Sn1WITATION (21)2. Excess of receipts over expenditures or of sale price over cost. See PROFIT. 3. Tax. The excess of the amount realized from a sale or other disposition of property over the property's adjusted value. IRC (26 USCA) § 1001. -Also termed realized gain.
Gainor
See SOCMAN
Gains
n. See GAIN,
Pyramiding inferences, rule against
Evidence. A rule prohibiting a fact-finder from piling one inference on another to arrive at a conclusion. ( Today this rule is followed in only a few jurisdictions. Cf. REASONABLE-INFERENCE RULE.
abominable and detestable crime against nature
See SODOMY.
accumulations, rule against
rule rendering void any accumulation of income beyond the period of perpetuities. accumulation trust. See TRUST.
admission against interest
A persons statement acknowledging a material fact that is harmful to the person's position as a litigant. 0 An admission against interest must be made either by a litigant or by one in privity with or occupying the same legal position as the litigant; as an exception to the hearsay rule, it is admissible whether or not the person is available as a witness. A declaration against interest, by contrast, is made by a nonlitigant who is not in privity with a litigant; a declaration against interest is also admissible as an exception to the hearsay rule, but only when the declarant is unavailable as a witness.
against the form of the statute
contrary to the statutory requirements. ( this formal phrase, which traditionally concludes an indictment, indicates that the conduct alleged contravenes the cited statute and therefore constitutes a criminal offense. in modern context, the full conclusion often reads: "against the form of the statute in such case made and provided." the phrase is a translation "f the law latin contra formam statuti.
against the peace and dignity of the state
a concluding phrase in an indictment, used i o condemn the offending conduct generally opposed to the specific charge of wrongdor r contained in the body of the instrument). this phrase derives from the law latin con/!: pacem domini regis ("against the peace of vie lord thi, kitrr;" , a charoni , phrase fortrrerlv used in indictments and in civil actions of trespass. see king's peace.
against the weight of the evidence
(of a verdict or judgment) contrary to the credible evidence; not sufficiently supported by the evidence in the record. see weight of the evidence.
against the will
contrary to a person's wishes. ( indictments use this phrase to indicate that the defendant's conduct was without the victim's consent.
bargain-and-sale deed
A deed that conveys property to a buyer for valuable consideration but that lacks any guarantee from the seller about the validity of the title. See BARGAIN AND SALE.
bargaining agent
a labor union in its capacity of representing employees in collective bargaining.
benefit-of-bargain rule.
See BENEFIT-OF-THEBARGAIN RULE.
benefit-of-the-bargain damages
Damages that a breaching party to a contract must pay to the aggrieved party, equal to the amounts that the aggrieved party would have received, including profits, if the contract had been fully performed.
benefit-of-the-bargain damages.
See DAMAGES.
benefit-of-the-bargain rule.
1. The principle that a party who breaches a contract must provide the aggrieved party everything the aggrieved party would have received, including profits, had the contract been fully performed. 2. The principle that a defrauded buyer may recover from the seller as damages the difference between the misrepresented value of the property and the actual value received. - Also termed benefit-of-bargain rule. Cf. OUT-OF-POCKET RULE.
business gain
See GAIN (2), (3)
capital gain
See CAPITAL GAIN.
capital gains
See CAPITAL GAIN.
capital-gain distribution
See capital-gain dividend under DIVIDEND.
capital-gain dividend
A taxable payment to a mutual-fund shareholder. o The payment is the shareholder's proportional share of the net capital gains realized by securities sales from the mutual fund's portfolio. - Also termed capital-gain distribution.
capital-gains tax
See TAX.
cash-against-documents sale
See documentary sale under SALE.
casualty gain
Insurance. The profit realized by an insured when the benefits paid exceed the insured property's adjusted value.
certification of bargaining agent
See UNION CERTIFICATION.
collective bargaining
Negotiations between an employer and the representatives of organized employees to determine the conditions of employment, such as wages, hours, and fringe benefits. See CONCESSION BARGAINING. "Collective bargaining means the joint determination by employees and employers of the problems of the employment relationship. Such problems include wage rates and wage systems, hours and overtime, vacations, discipline, work loads, classification of employees, layoffs, and worker retirement. The advent of collective bargaining does not give rise to these problems. Rather they are germane to the industrial relations environment, and exist with or without unionization." Benjamin J. Taylor & Fred Whitney, Labor Relations Law 3 (1971).
collective-bargaining agreement
Labor law. A contract that is made between an employer and a labor union and that regulates employment conditions. - Also termed collective labor agreement; trade agreement.
concession bargaining
Labor law. A type of collective bargaining in which the parties negotiate the employees' giving back previously gained improvements in wages, benefits, or working conditions in exchange for some form of job security, such as protection against layoffs. - Also termed employee givebacks; union givebacks. See COLLECTIVE BARGAINING.
covenant against encumbrances
A grantor's promise that the property has no visible or invisible encumbrances. ( In a special warranty deed, the covenant is limited to encumbrances made by the grantor. - Also termed general covenant against encumbrances. Cf special covenant against encumbrances.
crime against humanity
Int'l law. A -bt tttal crime that is not an isolated incident but that involves large and systematic actions, often cloaked with official authority, and that shocks the conscience of humankind. 0 Among the specific crimes that fall within this category are mass murder, extermination, enslavement, deportation, and other inhumane acts perpel rated against a population, whether in wartime or not.
crime against international law
See c T1mlE AGAINST THE LAW OF NATIONS.
crime against nature
See SODOMY
crime against peace
Int'l law. An international crime in which the offenders plan, prepare, initiate, or wage a war of aggression or a war in violation of international peace treaties, agreements, or assurances.
crime against the law of nations
Int'l law. 1. A crime punishable under internationally prescribed criminal law or defined by an international convention and required to be made punishable under the criminal law of the member states. 2. A crime, such as piracy or a war crime, punishable under international criminal law. 3. A crime punishable under international law; an act that is internationally agreed to be of a criminal nature, such as genocide, piracy, or engaging in the slave trade. - Also termed crime against international law. crime against the person. See CRIMES AGAINST PERSONS.
crimes against persons
A category of criminal offenses in which the perpetrator uses or threatens to use force. ( Examples include murder, rape, aggravated assault, and robbery. - Also termed crimes against the person. Cf. offense against the person under OFFENSE.
crimes against property
A category of criminal offenses in which the perpetrator seeks to derive an unlawful benefit from - or do damage to - another's property without the use or threat of force. ( Examples include burglary, theft, and arson (even though arson may result in injury or death). - Also termed property crimes. Cf. offense against property under OFFENSE.
crimes against the person
See CRIMES AGAINST PERSONS.