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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

Uberrimae fidei

[latin] of utmost good faith.  In certain contract clauses (such as Insurance Contracts) there is a duty to disclose material facts.  These are contracts which are said to be of utmost good faith.  Litigation Law Solicitors and Lawyers rely on these clauses when a dispute arises between the Claimant and Defendant.  Many Insurance Companies now expressly state that the information provided will form the basis of the legal contract and any nondisclosure or misleading information may render the contract unenforceable.    


Ultra Viries

[Latin] Beyond one's powers / authority.  When someone does something beyond its power it is said to have acted Ultra Viries.  For example in Judicial Review Court Proceedings of the acts of the Local Authority.  Litigation Law Solicitors and Lawyers will commence Judicial Review Court Proceedings in the High Court.  The burden of proof is normally on the Claimant.    

Underlease

See also sub-Lease.  Some Commercial Property Solicitors and Lawyers prefer to use the term Undelease as opposed to sub-Lease.  Where a Landlord grants a Lease to a Tenant it is called a Lease.  Where the Tenant grants a Lease to a sub-tenant it is called an Underlease.     


Undertaking

An Undertaking is an enforceable promise made by a Solicitor.  Undertakings are essential for Property Law Solicitors and Conveyancers.  They ensure the field of Property Law and Conveyancing is able to operate properly.  Undertakings are needed to for the discharge of the Sellers Mortgage, holding Title Deeds and the transfer of sale proceeds. 

Unfair Contract Terms 

Some clauses in contracts  that unfairly limit liability are subject to the Unfair Contract Terms legislation.  These clauses are unenforceable if they breach the legislation.  All the circumstances of the case need to be examined.  Many Special Conditions in Auction Property contracts need to be carefully drafted to avoid breach of the legislation.  

Unfair Dismissal

An Employer must act reasonably when dismissing an Employee as the failure to do so may result in a claim for Unfair Dismissal.   Employment Law Solicitors and Lawyers often draft contracts of employment and review disciplinary procedures.  The burden of proof is on the Employer to establish they acted fairly.  Many of the employees rights are only gained after the Employee has been employed for the minimum period.      

Unregistered Land

This is the old system of proving ownership of Property.  It is Property which is not registered at HM Land Registry.  Property Law Solicitors and Conveyancers need to be familiar with both registered and unregistered Property.     

Unsecured Loan

This is a loan without any security for the Lender.  Compare: Mortgages which are loans secured on Property.  Property Law Solicitors and Conveyancers may still receive mortgage offers that contain particulars of a secured loan and unsecured loan.  The Borrower often needing both loans to complete the purchase of the Property.