advancement
Improvement in one's position in the world; an advantage in life. Advancement occurs in two main legal contexts.(1) Where a purchaser pays for property (e.g. real estate or shares) ...
age
A person is considered to have full legal capacity on attaining the age of 18 years (see adult). Generally a child is understood to be a person under 18. The ...
agency
N.1 The relationship between an agent and his principal.2 The business carried on by an agent.
boundary by watercourse
The boundary of a territory, or a parcel or lot of land, determined by reference to a watercourse. Boundaries marked by tidal watercourses may be subject to accretion. Where watercourses ...
conclusive
Incapable of being contradicted, for reasons of inescapable logic or by operation of law (e.g. an irrebuttable presumption).
constructive
Adj.Describing anything that is deemed by law to exist or to have happened, even though that is not in fact the case.
Consumer Credit Code
Uniform legislation passed to regulate all forms of consumer lending and to all credit providers, passed by all jurisdictions in Australia. Because the legislation was passed as template legislation ...
deeming
Treating or regarding a thing, event, or proposition in a particular way that may differ from ordinary usage and may even differ from actual fact. Deeming creates a legal fiction ...
face
Face has several senses, all related to open visibility. First, where something is normally not folded, but presented openly to view (e.g. a coin or a bank note), its face ...
fiduciary
[from Latin: fiducia, trust]1 n. A person, such as a trustee, who holds a position of trust or confidence with respect to someone else and who is therefore obliged to act solely for that person's ...
implied
Broadly, what is not specifically stated, but demonstrated by the parties' actions, so that a stranger to the transaction can draw inferences about what must have been intended. In contract ...
implied trust
A trust that arises either from the presumed but unexpressed intention of the settlor or by operation of law. Equity imposes an obligation to create such trusts by inference from the facts, including ...
imputation
The process of replacing missing values in (usually) a large-scale social survey. Suppose, for example, that the salary information is missing for an individual who is known to be a doctor aged 55. ...
inference
The process of moving from (possibly provisional) acceptance of some propositions, to acceptance of others. The goal of logic and of classical epistemology is to codify kinds of inference, and to ...
innocence
Although the law presumes innocence until guilt is proven (see presumption; not guilty) innocence is a concept beyond ‘not guilty’ that is never proclaimed (just as guilt can only ever ...
intention to create legal relations
One of the key constituents of a contract. An agreement is only enforceable if, inter alia, there is an intention that it should be legally binding. As a general rule, the law presumes that familial ...
limitation of actions
Statutory rules limiting the time within which civil actions can be brought. The present law is contained in the Limitation Act 1980, the Latent Damage Act 1986, and the Consumer Protection Act 1987. ...
ownership, title, possession
Three critical concepts in property law. Briefly, the broadest is ownership, which implies rights against all the world, including the right of disposal of the property. In law ‘ownership’ is ...
presumption of death
A common-law presumption that someone has died. The presumption will be made if a spouse has been missing for at least seven years (with nothing to indicate that he or she is still alive) or by proof ...
