Law Zoo

Vocabulary

Force Majeure: an event (as war, labor strike, or extreme weather) or effect that cannot be reasonably anticipated or controlled

Fortuitous event: an event of natural or human origin that could not have been reasonably foreseen or expected and is out of the control of the persons concerned 意外事件

Act of God: an extraordinary natural event (as a flood or earthquake) that cannot be reasonably foreseen or prevented

   It is a defense against liability for injury if the injury is directly and exclusively caused by an act of God.

Documents against Payment

D/P 付款交单（Documents against payment) 是跟单托收方式下的一种交付单据的办法，指出口方的交单是以进口方的付款为条件，即进

Breach: n. failure without excuse or justification to fulfill one’s obligations under a contract – breach of contract

   anticipatory breach: a breach of contract that occurs as a result of a party’s anticipatory repudiation (否定的行为) of the contract

   material breach / total breach: a breach of contract that is so substantial that it defeats the purpose of the parties in making the contract and gives the non-breaching party the right to cancel the contract and sue for damages

  partial breach: a breach of contract in which the breaching party’s non-performance is minor and gives rise to the right to sue for damages but not to suspend performance or cancel the contract

Bankruptcy protects the debtor from debt collection by creditors. A debtor may file for bankruptcy, which is calle

[This version of the judgment has been edited by Dr Robert N Moles
Underlining where it occurs is for editorial emphasis]

KB 130 Kings Bench Division

In 1937 the defendants had taken out a 99 year lease with the plaintiffs of a block of flats. With the exodus of people from London early in the war it was clear that the defendants would not be able to pay the full agreed rent. Accordingly the plaintiffs agreed to accept a 50% reduction from the commencement of the lease. At the conclusion of the war the plaintiff's receiver wrote to the defendant asking that the full rent be paid from then on and requesting arrears. The defendant instituted the present proceedings, however confining their demands to the last quarter of 1945.

HELD: Denning J

Denning commented tha

Intellectual property: property that derives from the work of the mind or intellect; specific: an idea, invention, trade secret, process, program, data, formula, patent, copyright, or trademark or application, right or registration relating thereto

Patent: n. the right to exclude others from making, using, or selling an invention or products made by an invented process that is granted to an inventor and his or her heirs or assigns for a term of years

Infringe: v. to encroach (侵占) upon in a way that violates law or the rights of another; esp. to violate a holder’s rights under (a copyright, patent, trademark, or trade name)

Violate: v. go against; fail to observe or respect <~ a law><civil rights were ~d> 违犯,侵害

Transgress: v. 1,to go beyond or over (a limit or boundary); 2, To act in violation of (the law)

Secure: Vt. [Broadly] to put beyond hazard of losing or not receiving

             [legal] to protect or make certain (as by lien－留置权); to give security for (as a loan) or otherwise assure the payment, performance, or execution of with security

   e.g. The court imposed a lien on his property to the judgment.

Affidavit: n. a sworn statement in writing made esp. under oath or on affirmation before an authorized magistrate or officer（在法庭上作证用的书面）宣誓书，证词

Deposition: n. a statement that is made under oath by a party or witness (as an expert) in response to oral examination or written questions and that is recorded by an authorized officer (as a court report) 在法庭上宣誓作证，证词，证言

Testimony: n. evidence furnished by a witness under oath or affirmation and either

• 英国自14世纪末开始与普通法平行发展的、适用于民事案件的一种法律。 
•  英美法系中法的渊源之一。
• 14世纪以前，按照英国的普通法制度，当事人在普通法法院提起诉讼，须先向

Litigant: n. an active party to litigation (诉讼当事人)

Litigator: n. one that litigates (诉讼人，尤指律师)

Litigate: v. to seek resolution of a legal contest by judicial process

Litigation: n. non-criminal case

Indictment: n. criminal case (indict v.)

    indict sb. for ~  (e.g. indict a person for murder)

Review 判决

Civil: judgment = decision

       judgment {decree & order}

Criminal: judgment = sentence

Vocabulary

Ruling: an official or authoritative determination, decree, statement, or interpretation (裁定) decree: An authoritative order (政令，地方法规) (衡平法院)

Order: n. 1. a com