length: this is the relationship between two people or organisations who
are strangers to each other, and do not have any special obligations towards
fide: in good faith and honest.
phrase is used when something is true in legal terms, even though it may not be
true in fact. So although Ms Blignaut does not have the diamonds in her
possession, she has the key to the safe deposit box and the right to enter, she
has 'constructive possession'. The term is most commonly used for constructive
dismissal. An example of this is where a boss didn’t actually tell an employee
they were dismissed but treated them so badly that the employee was entitled to
react as if they had been dismissed by leaving their employment and claiming
judge, think or believe to have taken place.
De facto: this is where a situation exists in
fact, whether or not it is legal. For example, if the ‘thingamabob’ company
failed to follow a technical legal condition to become a company (such as
filling in a form), but carries on business in good faith, it is a 'de facto'
faith: an act carried out honestly and without fraud is said to have been
done in good faith.
facto: by the mere fact itself.
Mistake: in a legal sense there are two types of
mistake. The first is a mistake of law in which the facts are known but are
combined with a wrong conclusion about the legal effect of those facts. The
second is a mistake of fact which is an intentional failure to find out the
truth of those facts.
Pari passu: equal and without preference.
Purport: to pretend, to claim to be something you
Stalemate: a situation where there is no possible
way out for one or both sides.
Tangible: something physical that you can touch.
For example, a plant or a sculpture is tangible property.
Wrong: wrongs are divided into public and
private. A public wrong is an act that harms the public generally, even though
it may only be committed against one person, and is commonly known as a crime,
misdemeanour, or offence. It is punishable by a fine, imprisonment, or both.
Private wrongs are injuries to individuals that do not harm the public at
large, for example, a breach of contract. Private wrongs are not ‘punished’ but
money is paid in compensation by the wrongdoer.