Legal Dictionary of Pakistan

Attachment. 1. The seizing of a person's property to secure a judgment or to be sold in satisfaction of a judgment. - also termed (in civil law) provisional seizure. Cf. Garnishment; sequestration (1)

Bis idem exigi bona fides non patitur, et in satisfactionibus non permittitur amplius fieri quam semel factum est

Good faith does not allow the same thing to be exacted twice; and in satisfying claims, it is not permitted that more should be done after satisfaction has once been rendered.

In satisfactionibus non permittitur amplius fieri quam semel factum est

In payments, it is not permitted that more be received than has been received once for all (i.e., after payment in full).

Satisfaction

n. 1. The giving of something with the intention, express or implied, that it is to extinguish some existing legal or moral obligation. ( Satisfaction differs from performance because it is always something given as a substitute for or equivalent of something else, while performance is the identical thing promised to be done. - Also termed satisfaction of debt. 2. The fulfillment of an obligation; esp., the payment in full of a debt. 3. SATISFACTION PIECE. 4. Wills & estates. The payment by a testator, during the testator's lifetime, of a legacy provided for in a will; ADVANCEMENT. 5. Wills & estates. A testamentary gift intended to satisfy a debt owed by the testator to a creditor. - satisfy, ub. See ACCORD AND SATISFACTION.

accord and satisfaction.

An agreement to substitute for an existing debt some alternative form of discharging that debt, coupled with the actual discharge of the debt by the substituted performance. 0 The new agreement is called the accord, and the discharge is called the satisfaction. Cf. NOVATION; SETTLEMENT. Accord and satisfaction' means an agreement between the parties that something shall be given to, or done for, the person who has the right of action, in satisfaction of the cause of action. There must be not only agreement ('accord') but also consideration ('satisfaction'). Such an arrangement is really one of substituted performance." 1 E.W. Chance, Principles of Mercantile Law 101 (P.W. French ad., 13th ed. 1950).

ademption by satisfaction

An ademption that occurs because the testator, while alive, has already given property to the beneficiary with the intention of rendering the testamentary gift inoperative. adeo (ad-ee-oh). [Latin] So; as. adequacy test. See IRREPARABLE-INJURY RULE.

contract to satisfaction

See satisfaction contract.

express dissatisfaction

Wills & estates. A beneficiary's contesting of a will or objecting to any provision of the will in a probate proceeding.

one-satisfaction rule

. The principle that a plaintiff is only entitled to one recovery for a particular harm, and that the plaintiff must elect a single remedy if the jury has awarded more than one. ( This rule is, for example, one of the foundations of a defendant's right to have a jury verdict reduced by the amount of any settlements the plaintiff has received from other entities for the same injury. - Also termed single-recovery rule.

satisfaction contract

A contract by which one party agrees to perform to the reasonable satisfaction of the other. - Also termed contract to satisfaction.

satisfaction of debt

See SATISFACTION (1).

satisfaction of judgment

1. The complete discharge of obligations under a judgment. 2. The document filed and entered on the record indicating that a judgment has been paid.

satisfaction of mortgage

1. The complete payment of a mortgage. 2. A discharge signed by the mortgagee or mortgage holder indicating that the property subject to the mortgage is released or that the mortgage debt has been paid and the mortgage conditions have been fully satisfied.

satisfaction piece

A written statement that one party (esp. a debtor) has discharged its obligation to another party, who accepts the discharge. - Also termed certificate of discharge; satisfaction