Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
contract demurrage
A demurrage paid by a vessel's charterer if the time to unload the vessel at port takes longer than that agreed upon in the charterer's contract with the shipowner. Cf. DISPATCH MONEY. "The contract may also provide that if ... the loading time exceeds that fixed by the charter, the charterer will pay a liquidated compensation termed 'contract demurrage.'" Frank L. Maraist, Admiralty in a Nutshell 56 (2d ed. 1988).
demur
vb. To file a demurrer; to object to the legal sufficiency of a claim alleged in a pleading without admitting or denying the truth of the facts stated. See DEMURRER.
demurrable
adj. (Of a claim, pleading, etc.) subject to a demurrer <a demurrable pleading>. See DEMURRER.
demurrage
(usu. pl.) Maritime law. A liquidated penalty owed by a charterer to a shipowner for the charterer's failure to load or unload cargo by a certain time.
demurrage lien
A carrier's lien on goods for any unpaid demurrage charges. See DEMURRAGE.
demurrant
A party who interposes a demurrer. See DEMURRER.
demurrer
[Law French demorer "to wait or stay"] A pleading stating that although the facts alleged in a complaint may be true, they are insufficient for the plaintiff to state a claim for relief and for the defendant to frame an answer. ( In most jurisdictions, such a pleading is now termed a motion to dismiss, but the demurrer is still used in a few states, including California, Nebraska, and Pennsylvania. Cf. DENIAL (1). "The word demurrer,' derived from the Latin demorari, or the French demorrer, meaning to wait or stay,' imports that the party demurring waits or stays in his proceedings in the action until the judgment of the court is given whether he is bound to answer to so insufficient a pleading. Each party may demur to what he deems an insufficient ple
demurrer book
A record of the demurrer issue used by the court and counsel in argument.
demurrer ore tenus
An oral demurrer. See ORE TENUS. "The codes either expressly or by implication require all pleadings to be in writing. To this proposition there is the apparent exception that objections to the jurisdiction of the court, or to the suffciency of a pleading, that it does not state a cause of action or defence, may be raised on the trial by what is sometimes called a demurrer ore tenus (that is, orally, - by word of mouth)." Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 179 (2d ed. 1899).
demurrer to evidence
A party's objection or exception that the evidence is legally insufficient to make a case. ( Its effect, upon joinder in the demurrer by the opposite party, is that the jury is discharged and the demurrer is entered on record and decided by the court. A demurrer to evidence admits the truth of all the evidence and the legal deductions from that evidence.
demurrer to interrogatories
The objection or reason given by a witness for failing to answer an interrogatory.
general demurrer
See general exception (1) under EXCEPTION (1).
joinder in demurrer
See JOINDER.
noncontract demurrage
See DEMURRAGE.
parol demurrer
Hist. A suspension of proceedings during the minority of an infant.
speaking demurrer
A demurrer that cannot be sustained because it introduces new facts not contained in the original complaint.
special demurrer
An objection that questions the form of the pleading and states specifically the nature of the objection, such as that the pleading violates the rules of pleading or practice.