Latin, meaning Things done between strangers ought not to affect a third person, who is a stranger to the transaction. … [Read more...]
RESCISSION
Rescission, or the act of rescinding, is where a contract is canceled, annulled, or abrogated by the parties, or one of them. In Spanish law, nullity is divided into absolute and relative. The former is that which arises from a law, whether civil or criminal, the principal motive for which is the public interest; and the latter is that which affects only certain individuals. … [Read more...]
RES IPSA LOQUITUR
Latin meaning the action speaks for itself. The actions are so obvious that the duty of care and breach may be inferred by the clear nature of the actions and the obvious conclusions. 1. The act ordinarily would not occur without someone's negligence. 2. In this instance the accident probably did not occur without someone's negligence. 3. The accident was caused by an … [Read more...]
RESCISSION OF A CONTRACT
The destruction or annulling of a contract. 2. The right to rescind a contract seems to suppose not that the contract has existed only in appearance; but that it has never had a real existence on account of the defects which accompanied it; or which prevented its actual execution. 7 Toul. n. 551 17 Id. n. 114. 3. A contract cannot, in general, be rescinded by one party unless … [Read more...]
RES JUDICATA
(I) Latin for meaning has already been judicially decided. Where a final judgment has been rendered on the merits of an action and no other court may hear an appeal. Also known as claim preclusion. (II) practice. The decision of a legal or equitable issue, by a court of competent jurisdiction. 2. It is a general principle that such decision is binding and conclusive upon all … [Read more...]