Latin, meaning Impossibility is an excuse in the law. … [Read more...]

Also known as Fitness for a Particular Purpose; a warranty where the seller knows or should know the reasons and purpose for which a buyer will use what is sold and warrants that it is suitable for the intended use. For example, if a buyer is going rock climbing, the seller knows that the rope sold must be strong enough to hold a significant amount of weight and not be only … [Read more...]

A qualified property, which may subsist in animals feres natures on account of their inability, as where hawks, herons, or other birds build in a person's trees, or conies, etc., make their nests or burrows in a person's land, and have young there, such person has a qualified property in them till they can fly or run away, and then such property expires. 2 Steph. Comm. (7th … [Read more...]

practice, pleading. What does not appertain, or belong to; id est, qui ad rem non pertinent. 2. Evidence of facts which do not belong to the matter in question, is impertinent and inadmissible. In general, what is immaterial is impertinent, and what is material is, in general, not impertinent. 1 McC. & Y. 337. See Gresl. Ev. Ch. 3, s. 1, p. 229. Impertinent matter, in a … [Read more...]

Intendment or inference, as distinguished from the actual expression of a thing in words. In a will, an estate may pass by mere implication, without any express words to direct its course. 2 BL Comm. 381. An inference of something not directly declared, but arising from what is admitted or expressed. In construing a will conjecture must not be taken for implication; but … [Read more...]