Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Exoneration
1. The removal of a burden, charge, responsibility, or duty. 2. The right to be reimbursed by reason of having paid money that another person should have paid. 3. The equitable right of a surety - confirmed by statute in many states - to proceed to compel the principal debtor to satisfy the obligation when, even though the surety would have a right of reimbursement, it would be inequitable for the surety to be compelled to perform if the principal debtor can satisfy the obligation. See EQUITY OF EXONERATION; QUIA TIMET.
Superoneratio
[Law Latin] Hist. 1. The act or practice of surcharging a common. 2. The placement of more cattle on a common than is allowed; overstocking.
de exoneratione sectae
n. [Law Latin "of exoneration of suit"] Hist. A writ exempting the king's ward from being sued in any court lower than the Court of Common Pleas (such as a county court, hundred court, leet, or court baron) during the time of the wardship.
de superoneratione pasturae
n. [Law Latin "of surcharge of pasture"] Hist. A judicial writ against a person who was initially brought into county court for putting too many cattle on pasture, and later was impleaded in the same court on the same charge, and the cause was removed to the superior court at Westminster.
equity of exoneration
The right of a person who is secondarily liable on a debt to make the primarily liable party discharge the debt or reimburse any payment that the secondarily liable person has made. One example is the right of a surety to call on the principal for reimbursement after the surety has paid the debt. Unlike contribution, which exists when the parties are equally liable, the equity of exoneration exists when parties are successively liable. - Also termed right of exoneration. See EXONERATION.
exoneration, suit for
See SUIT FOR EXONERATION.
exoneratione sectae
[Latin] Hist. A writ that lay for the Crown's ward, to be free from all suit during wariship.
exoneratione sectae ad curiam baron
[Latin "by exoneration of the suit to the lord's court"] Hist. A writ issued by the guardian of the Crown's ward, forbidding the sheriff or steward of a particular court from distraining or taking other action against the ward.
oneratio
. [Law Latin] Hist. A cargo or lading.
right of exoneration
See EQUITY OF EXONERATION.
suit for exoneration
A suit in equity brought by a surety to compel the debtor to pay the creditor. ( If the debtor has acted fraudulently and is insolvent, a suit for exoneration may include further remedies to ensure that the debtor's assets are applied equitably to the debtor's outstanding obligations. - Also termed suit to compel payment.
superoneratione pasturae
See DE SUPERONERATIONE PASTURAE.