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Legal Definitions by Ford Banks Irwin Solicitors - The Property Lawyers in Manchester

Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY

National Conditions of Sale

These are standard terms and conditions of sale used by Property Law Solicitors and Conveyancers in Agreements for the Sale of Land.  See also the Law Society Standard Conditions of Sale.    


Natural Justice (Rules of Equity)

These are Legal Principles which assist in the fair and equitable application of the Law.  Claimant and Defendant Solicitors and Lawyers are familiar will all the Rules of Equity and will apply them in the appropriate cases.  For example, the rule against bias . . . nemo judex in causa sua . . . no man may be a judge in his own cause.  See also the rule for a fair hearing which allows Claimant and Defendant Solicitors and Lawyers the fair opportunity to present the case and questions the case against the client.    

Negligence (Tort)

This is a Tort which exists where you can establish a duty of care;  that there was a breach of that duty;  and that damage was caused as a direct foreseeable consequence of that breach.  Claimant and Defendant Solicitors and Lawyers specialise in all aspects of negligence and it is important to find the right legal team.    


No case to answer

In Civil or Criminal Court Proceedings the Defendant does not need to present a case.  The Defendants Solicitors and Lawyers can attend the Court Hearing and cross-examine the Claimants case.  The Solicitor or Barrister is then allowed to simply submit there is no case to answer.   The Defendant does not need to go into the Witness Box to give his evidence. 


Nondisclosure 

Commercial Contract Law Solicitors and Lawyers will rely on the Law of Nondisclosure in cases where one party to the contract fails to mention to the other party facts which would influence the decision to proceed. There is a duty to disclose in a limited number of contracts. For example contracts of insurance where there is a duty to disclose material facts. If Court Proceedings have already been issued then both Claimant and Defendant are under a duty to disclose material in accordance with the Civil Procedure Rules.  Claimant and Defence Solicitors and Lawyers will explain what the duty to disclose material entails

Notary  (Notary Public)

A Notary is usually asked to witness the signature of the client to certain Legal Documents.  All Solicitors are able to administer Oaths and act as witnesses to client signatures, for example to finalise an Affidavit.   

Notice

When Claimant or Defendant Solicitors and Lawyers place you on notice it simply means you have been informed.  Notice can be express; implied or constructive.  The Solicitor can often use this term as a form of final warning.  There may also be certain Notice periods applicable to clients.   

Notice to Quit

A Notice issued by the Landlords Solicitors or the Tenants Solicitors to end the Tenancy on a specified date.  The notice must be in the prescribed form and be given in accordance with the correct notice periods.