Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

Total

adj. 1. Whole; not divided; full; complete. 2. Utter; absolute.

Total assignment

an assignment empowering the assignee to enforce the, entire right for the benefit of the assignor or others. 0 examples are assignment to secure an obligation and assignment to a trustee.

actual total loss

1 See total loss. 2. Marine insurance. The total loss of a vessel covered by an insurance policy (1) by its real and substantive destruction, (2) by injuries that destroy its existence as a distinct individual of a particular class, (3) by its being reduced to a wreck irretrievably beyond repair, or (4) by its being placed beyond the insured's control and beyond the insured's power of recovery.

constructive total loss

See LOSS.

debt-to-total-assets ratio

See DEBT RATIO.

temporary total disability

See DISABILITY (1).

total assignment

See ASSIGNMENT (2)

total breach

A material breach of contract that gives rise to a claim for damages based on the injured party's remaining rights to performance under the contract.

total disability

A worker's inability to perform employment-related duties because of a physical or mental impairment.2. Incapacity in the eyes of the law <most of a minor's disabilities are removed when ht or she turns 18>. - Also termed incapacity.

total eviction

See EVICTION

total failure of consideration

A situation in which the contract is indivisible so that a complete lack of consideration voids the contract. "The concept of total failure of consideration is a somewhat technical one. In particular there may be a total failure of consideration even though the defendant has actually done some work or expended some money in the performance of the contract, provided that what he has done has not enured to the benefit of the other party. For example, if a person orders machinery to be specially constructed for him, there will be a total failure of consideration if none of the machinery is delivered to him although work may have been commenced and money expended on it. On the other hand, if some benefit has been received under the contract, no matter how trifling, there is no total failure of consideration. In this case, just as there is generally no right to part payment for part performance, so also there is generally no right to part recovery for partial failure of consideration." P.S. Atiyah, An Introduction to the Law of Contract 306-07 (3d ed. 1981).

total incorporation

Incorporation of all of the Bill of Rights. ( Justice Hugo Black, who served from 1937 to 1971, first advocated this approach.3. INCORPORATION BY REFERENCE. - incorporate, ub.

total loss

The complete destruction of insured property so that nothing of value remains and the subject matter no longer exists in its original form. ( Generally, a loss is total if, after the damage occurs, no substantial remnant remains standing that a reasonably prudent uninsured owner, desiring to rebuild, would use as a basis to restore the property to its original condition. - Also termed actual total loss. Cf. partial loss; constructive total loss.

total repudiation

See REPUDIATION.

total-disability insurance

See general-disability insurance.

totality-of-the-circumstances test

Criminal procedure. A standard for determining whether hearsay (such as an informant's tip) is sufficiently reliable to establish probable cause for an arrest or search warrant. ( Under this test - which replaced Aguilar-Spinelli's twopronged approach - the reliability of the hear- say is weighed by focusing on the entire situation as described in the probable-cause affidavit, and not on any one specific factor. Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317 (1983). Cf. AGUILAR-SPINELLI TEST.