By downloading, purchasing or using Veritas products from this website, you acknowledge that you have read, understood and agree to comply with all applicable export and import control laws and regulations. You further represent that you are not under the control, located, resident or national of any prohibited country and that you are not a prohibited person or entity. This notice is not a complete summary of the export and import laws and regulations applicable to Veritas products. You are responsible for consulting legal counsel to ensure compliance with applicable laws and regulations. Negligence: Negligence. A person who owes a duty of care to another person and breaches it for lack of due diligence may be liable for damages for negligence. Negligence can involve a positive act or omission. If no damage occurs, nothing can be done. The standard of care required is usually that of the reasonable man, but a person who claims to have special abilities (such as a surgeon) has a higher duty of care. Non est factum: (Latin: not his act) Defense in contract law that allows a person to escape liability because he has mistaken the nature of the contract.

For example, a person who signs the deed of ownership of a house and thinks that the document was only a guarantee of a debt might be able to invoke non est factum. Failure to read the terms of a contract will void this objection. Non-execution: Don`t do something you are legally obligated to do. Compare with misconduct. Non-intervention: If a person who should have been a party to a legal proceeding has been omitted, the court may amend the pleadings to include the unjoined party. Novation: replacement of a new contractual debt by an old debt by agreement between the debtor, the creditor and a third party who assumes responsibility for the original debt. Sanction: ratify, approve or punish. Seizure: Temporary seizure of property by court order until the owner eliminates his contempt by obeying a previous court order. Service of judicial documents by one party to the other, in person or by mail. Regulation: agreed procedural compromise. Share: Part of a business. A share certificate is considered proof of ownership of the shares.

Those who own shares of a corporation are called members or shareholders. There are two basic types of shares: common shares and preferred shares. A shareholder is not normally liable for debts or other obligations of the company, unless it is an obligation to purchase shares. Two other benefits of shares include a right to share in profits (through dividends) and a right to divide the rest of the corporation`s assets if it is liquidated once the liabilities have been paid. Silent partner: A person who invests in a business or partnership, participates in profits or losses, but is not involved in the administration or management of the organization. Title defamation: False and malicious denial of a person`s property, including real estate, business, or property (the latter may also be referred to as „property defamation“). The tort is enforceable only if damage has occurred. Strict liability: liability in tort without the need to prove intent, negligence or fault. Sub judice: (Latin: on trial) a case that is still under consideration by a court. Any act that may prejudice the proper administration of justice while a case has not yet been settled may constitute contempt of court. Subpoena: (Latin: under penalty) a court order requiring a witness to appear or be sentenced at a certain time and place. Subrogation: the replacement of a person or thing by another by operation of law, without the consent of the person to whom the rights are transferred.

Service of substitution: If a party appears to avoid service of documents, the court may be asked to order that instead of personal service (i.e. direct delivery of documents to the person) they be served by some other means, possibly by sending them to the defendant`s home or office or leaving them with a family member. Subpoena: A written order for a person to appear in court. Suretyship: A person who has committed to ensuring that another person fulfills an obligation – such as appearing in court or repaying a loan. Alternative dispute resolution: A method by which disputes and disputes are resolved in private, except through litigation, usually through mediation or arbitration. ADR involves the appointment of a third party to preside over a hearing between the two parties. The advantages of ADR are confidentiality and speed. The disadvantage is that ADR can interfere with legal rights. Negative ownership: Possession of land without legal title for long enough – usually 12 years – to be recognized as the rightful owner („squatter rights“). Tolerance: An act or omission that legally binds someone, even unintentionally.

For example, an act such as acceptance of goods from a supplier is binding if it involves acceptance of the terms of a contract. Unless otherwise stated on this website, you may view, print, copy and distribute materials on this website subject to the following conditions: Breach of contract: Failure to perform or refusal to perform any term of the contract. The injured party may bring an action for damages, in performance or for annulment of the contract. Pari passu: (Latin: with the same step) Often used in bankruptcy proceedings where creditors have equal rank, meaning that assets are divided among themselves without preference. Partnership: Two or more people running a business together. The partners are fully responsible for all debts of the company, but also share the profits exclusively. Their rights are regulated in their statutes. Patent: An exclusive privilege granted to an inventor to make, use or sell an invention for several years. An annual membership fee is payable each year. Beneficiary: The person to whom a bill of exchange is paid. On a regular cheque, the previous name identifies the beneficiary.

Payor: A person who makes a payment on a cheque or bill of exchange. Perjury: A lie wilfully under oath or in an affidavit. Undefined: Forever, indefinitely. The law is opposed to agreements that purport to be permanent because they can impede trade by impeding the movement of goods. The rule against eternity states that a limitation of a right to land is void if it can be transferred outside the eternal period, which is a life plus 21 years. For example, if a will proposes the transfer of an estate at an uncertain future date, i.e. more than 21 years after the death of the testator or more than 21 years after the death of a person named in the will, the transfer is null and void.