The standard of proof of the prosecution’s evidence that must be met in a criminal trial: that no other logical explanation can be established from the facts except that the defendant committed the crime.
Used either to express the view that something that is true for one case is even more true in another case, or that if one thing is true then the second thing must also be true.
A Latin term meaning from the beginning. The phrase is used to mean that the cancellation of an agreement or right applies retrospectively, so that it is as if the agreement or right never existed in the first place.
The act of giving up something voluntarily with the intention of not reclaiming it. For example, vacating a property without the intention of returning. The term includes both the external act and the intention to carry it into effect. There can be no abandonment without the intention to abandon.
A court decision that is suspended, or simply closing the case before the final decision is reached; to reduce or eliminate polluting or hazardous substances by removing them or putting in place a more efficient waste management plan; a reduction in the amount of an invoice or bill due to factors such as demurrage, overtime penalty or rent.
A situation where ownership of something has not been established. For example, where the title/ownership of real property in the estate of a person that has died has not been determined because there is no obvious party to receive title or there appears to be no legal owner of the property.
Refers to the ending of a system, practice or institution forever.
The act of repealing, annulling or cancelling a law, treaty or political arrangement, often without the agreement of the other people or groups involved.
A clause in a contract, usually a loan agreement, requiring the borrower to make full payment sooner than originally agreed upon the occurrence of an event stated in the contract.
The demonstration of agreement with the terms and conditions of another person’s offer so that the offer becomes a formal contract between the two parties.
An arrangement with a bank in which money is deposited with the bank by one party and paid to another party if the condition of the arrangement is met, or if the condition is not met, the money is returned to the person who originally deposited the money with the bank.
A merger is a legal consolidation of two companies into one entity, whilst an acquisition occurs when one company takes over another company and completely establishes itself as the new owner (in which the acquired company still exists as an independent legal entity controlled by the acquirer).
A formal declaration in court that a person is not guilty of a crime they were accused of. This also applies where the prosecution is abandoned.
Is essentially a right to sue. It is an intangible personal property right recognised and protected by the law, which has no existence apart from the recognition given by the law, and which confers no present possession or tangible object. For example, personal property that you own but which another possesses can only be legally recovered by court proceedings.
Taking appropriate action to rectify a breach or default under the terms of an agreement or lease, or change made to a faulty product or service to address a deficiency.
A claim brought by one or more people on behalf of a large group of others who have a common legal claim.
Physical control over a material object, or actual occupation of real property.
Also known as the external element or the objective element of a crime. It is the Latin term for a guilty act which, when proved beyond a reasonable doubt in combination with the mens rea, produces criminal liability.
To postpone action of a convened court until another time specified, or indefinitely, the latter usually being called to adjourn sine die.
An inference drawn from silence or absence of requested evidence which is adverse to the party concerned. The rule applies not only to evidence which is destroyed, but also to evidence which exists but the party refuses to produce, and to evidence which the party has under his/her control, and which is not produced.
Is the act of pleading or arguing a case or position, usually by way of an advocate who is a person appointed/authorised to speak on behalf of a person in a legal process.
A written sworn statement of fact made voluntarily which can be used in Court. The word is Medieval Latin which means that he/she has declared upon oath.
The conscious intent by a person to cause death or serious bodily harm to another person before that person commits the crime; a general evil and depraved state of mind in which the person is unconcerned for the lives of others.
The principle that no interest is valid unless it vests in a person not later than twenty one years (plus any period of gestation for an unborn child) after the life of the person that existed at the time of the creation of the interest. The rule was introduced to restrict a person’s power to control perpetually the ownership and possession of his or her property after death and to ensure transferability of property.
A criminal offence made more serious by its circumstances.
A formal agreement between two people who are about to marry, setting out the terms of ownership of assets, treatment of future earnings, control of property, and potential division if the marriage is subsequently dissolved. These agreements are fairly common if either party has substantial assets, children from a prior marriage, potential inheritances or high incomes. They are not recognised in every legal jurisdiction, most notably the United Kingdom.
A non-binding draft agreement that contains all of the main terms that have been agreed in principle (but not necessarily in detail), and which is not the final agreement.
An agreement made between an employer and an employee under which the employee receives consideration, usually in the form of a financial sum, in exchange for agreeing that he or she will have no further claims in any court or tribunal against the employer.
An informal and legally non-binding agreement between two or more parties. It is typically made orally, though it may be written, or simply understood as part of an unspoken agreement by convention or through mutually beneficial etiquette. The essence of a gentleman’s agreement is that it relies upon the honour of the parties for its fulfilment, rather than in any way being enforceable. It is, therefore, distinct from a legal agreement or contract, which can be enforced if necessary.
Otherwise known as a Non-Disclosure Agreement, is a legal contract between two or more parties that outlines confidential information, knowledge or material that the parties wish to share with each other for certain purposes, but which must not be disclosed to third parties.
Latin for among other things. It is commonly used in circumstances where there may be a number of issues to consider, but where the focus is placed on one or more of those issues.
A defence to a criminal prosecution where the party accused, in order to prove that he/she could not have committed the crime with which he/she is charged, offers evidence to show that he/she was in another place at the time.
The capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another.
A means of settling a dispute other than by way of litigation. These methods include arbitration and mediation and are usually less costly and more expeditious than litigation.
A party that is not involved in the litigation at hand but is allowed by the court to advise on a matter of law or policy directly affecting the litigation.
Is a loan used to buy a house or other real property which is repaid with regular repayments comprising interest and the repayment of some of the money originally borrowed.
An application for financial relief following the presentation of a petition for divorce, nullity or judicial separation. The term arises because the financial application is ancillary to the petition.
Commonly used in leases to limit the tenant’s responsibility (and therefore liability to repair and redecorate) upon leaving the premises. It is subjective but the considerations include the length of time of the tenancy (the longer the tenancy the more wear and tear can be expected), the lack of unusual damage such as a hole in the wall or a broken window, and the condition of the premises when the tenant moved in (usually evidenced by a schedule of condition).
Having no legal force or binding effect; unable in law to support the purpose for which it was intended. If a contract is null and void from the beginning because it seriously offends the law or public policy it is said to be void ab initio.
Acceptable damage or signs of use caused by the normal use of something, such as a carpet, machine or paintwork.
Where a party to a contract repudiates his/her obligations under the contract before fully performing those obligations. This can occur either by words ‘ I will not make any more payments’ or actions ‘stopping making any more payments’. As a result the other party does not have to perform his/her obligations under the contract and cannot be liable for not doing so.
A special seal applied by a competent authority to certify that a document is a true copy of an original. Apostille certification is a form of authentication issued to documents for use in countries that are signatories to the Hague Convention of 1961.
Belonging to, accessory or incidental to; annexed or appended to. A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a right of way or watercourse, or a passage of light or air from across the land belonging to another.
The reference of a dispute to an impartial person or persons chosen by the parties who agree in advance to abide by the arbitration award issued after the hearing at which both parties are given an opportunity to be heard.
Dubai International Arbitration Centre (DIAC) is an autonomous, permanent, non-profit institution offering arbitration services and facilities on an international scale. DIAC was created in 1994 as the "Centre for Commercial Conciliation and Arbitration".
A written summary of the arguments that a party or his/her legal representative will put forward at a trial or other hearing. Generally, it is common practice for these to be exchanged between the legal representatives for the parties a few days before a hearing, with copies being lodged with the court for use by the judge.
Is a document that governs the relationship between the company and the outside. It is basically a statement that the subscribers wish to form a company, have agreed to become members, and in the case of a company which is to have a share capital, to take at least one share each.
Commonly used to describe the protection given to someone who has left their own country as a political refugee.
A written authorisation to represent or act on another’s behalf (the principal) in private affairs, business or some other legal matter, sometimes against the wishes of the principal. It is generally terminated when the principal dies or becomes incompetent, but the principal can revoke it at any time.
The right of a lawyer to appear and conduct proceedings in court on behalf of their client.
Evidence which is more convincing than evidence that is offered in opposition to it; standard of proof in civil cases requiring that one side’s case must be more likely than not when deciding on liability.
An order issued by the authorities to all the state ports to prohibit a person from entering or leaving a country according to a court or police order for the protection of individual interests in cases like child custody, debt failure, or criminal investigation. Travel ban prohibits the banned person from leaving the country and gets him/her arrested while entering if the reason(s) for prohibition did not cease to exist.
A legal status imposed by a court order that usually refers to an individual that cannot repay the debts that it owes to creditors.
Any agreement in a criminal case between the prosecutor and the defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. This may mean that the defendant will plead guilty to a less serious charge, or to one of several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence.
Relates to a claim or a lawsuit that cannot be pursued because it has been filed/issued too late according either to the statute of limitations or some other procedural rule.
Profit, benefit or advantage resulting from a contract, or a right in something (property or an estate) as opposed to having actual legal title (legal ownership) to the thing.
A legal proceeding that is divided into two separate phases to separately address issues such as liability and damages, or guilt and punishment.
The act of insulting or showing contempt or lack of reverence for God, to religious persons or things, or toward something considered sacred or inviolable.
Standard wording in a contract or other legal document that cannot be renegotiated.
Made or carried out in good faith; without deception or fraud.
Latin for ‘public good’. Used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is service that uses the skills of professionals to provide services to those who are unable to afford them.
A common law tort that protects private information that is conveyed in confidence. A claim for breach of confidence typically requires the information to be of a confidential nature, which was communicated in confidence and was disclosed to the detriment of the claimant.
A breach of contract that is so fundamental that it permits the injured party to terminate the performance of the contract, in addition to entitling that party to sue for damages.
Sometimes known as a repudiatory breach, is a breach of an essential part of a contract that it permits the distressed party to terminate performance of the contract, in addition to entitling that party to sue for damages.
Significant enough substantial failure in the performance of a contract, as to give the affected party the right to sue for damages as well as release the aggrieved party from its obligations.
A term used to refer to one of several types of orders, agreements and remedies that may be available when a divorcing couple wish to end their financial dependence on each other. This would usually result in the award of a single capital sum and dispense with the need to make regular periodic payments.
A section or paragraph of a contract, usually between a landlord and a tenant, that allows a party to end the contract early.
The situation that exists when either or both spouses no longer are able or willing to live with each other, thereby destroying the husband/wife relationship with no hope of the resumption of spousal duties. This situation provides the ground for no-fault divorces in many jurisdictions.
Activities that are normal and necessary for running a business, as opposed to out of the ordinary activities.
A form of acquisition where the company’s existing managers acquire a large part or all of the company from either the parent company or from the private owners, usually supported by venture capital investment and/or bank debt financing.
Usually applies where a company is purchased with a combination of equity and significant amounts of borrowed money, structured in such a way that the target company’s cash flows or assets are used as the collateral to secure and repay the borrowed money.
Describes a person’s legal and mental capacity to make or alter a valid Will.
A legal obligation imposed on an individual requiring adherence to a standard of reasonable care while performing any acts (or failing to perform an act) which results in harm to others which was reasonably foreseeable.
Sometimes known as a leading case, is a court decision that establishes an important new legal principle or concept, or which changes the previous interpretation of the current law.
The causal relationship between conduct and result, especially when proving legal responsibility. This is a key component in establishing liability in both criminal and civil law.
A court order that requires one or more of the parties to a case to justify, explain or prove something to the court. Court’s commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. For example, if a party requests that the court find another party in contempt of court of an existing order, the judge will typically issue an ‘Order to Show Cause Re Contempt’ to the party accused of being in contempt of court. At the hearing of the order to show cause concerning contempt the judge will take evidence from both sides concerning the alleged failure to comply with the court order before making a decision on the merits of the issue.
Literally, ‘let the buyer beware’. Used as a warning to anyone buying something that there might be unforeseen faults or problems with what is bought. In the case of purchasing real property, the buyer is responsible for finding out the condition of the property by survey, carrying out proper searches and checking any matters that affect the legal title.
A document issued by a local government agency or building department certifying a building’s compliance with applicable building codes and other laws, and indicating it to be in a condition suitable for occupancy.
Refers to a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason. Other potential jurors may be challenged for cause (by giving a good reason why they might be unable to reach a fair verdict, but the challenge will be considered by the presiding judge and may be denied).
Is a security interest over a fund of changing assets of a company or a limited liability partnership (LLP) which ‘floats’ or ‘hovers’ until the point at which it is converted into a fixed charge, at which point the charge attaches to a specific asset of the company or LLP. This conversion into a fixed charge is called crystallisation and can be triggered by a number of events, including non-payment or the commencement of insolvency proceedings.
To formally accuse of a crime. A formal legal interest that another person or institution has in a particular asset, especially one used as a guarantee to secure payment.
A written, or partly written and partly printed, contract between a ship owner and a merchant, by which a ship is let or hired for the conveyance of goods on a specific voyage, or for a defined period. A vessel might also be hired to carry passengers on a journey. Where the vessel is hired for a single voyage, and the vessel’s owner provides the master, crew, bunker and supplies, the arrangement is known as a voyage charter.
Moveable or personal property that is capable of being owned, or any property that is not land.
A way of protecting a client from a conflict of interest by preventing one or more lawyers within an organisation from working on any matter involving the client.
Usually applied in criminal cases, they are unusual or extreme facts leading up to or attending the perpetration of a crime which, although committed without legal justification or excuse, mitigate or reduce its gravity from the point of view of punishment or moral opprobrium.
Based on information which suggests that something is true but does not prove that it is true. When the existence of the principal fact is only inferred from one or more circumstances which have been established directly, the evidence is said to be circumstantial.
A provision that usually appears in a contract or lease, which provides for an increase in the money to be paid under certain conditions. They frequently appear in business contracts to raise prices if an individual providing a particular service or product is forced to pay more for labour or materials.
A provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from the new rule are said to have grandfather rights or acquired rights. Frequently, the exemption is limited; it may extend for a set period of time, or it may be lost under certain circumstances.
A clause in a contract that expressly states under which conditions the rights in the contract can be relinguished.
A clause in a contract that restricts the amount of money that can be claimed in court by a party to the contract that has suffered financial loss as a result of a breach of contract by the other to the contract.
Is a clause in a contract stating that a party is not liable for what would otherwise be a breach, or that his liability for that particular breach is limited. A true exclusion clause recognises a potential breach of contract and then excludes liability for it. Alternatively, the liability for the breach may be limited to a certain amount, or the claim for any loss as a result of a particular breach must be commenced within a certain period of time.
Is a special contractual clause typically used in employment contracts, whereby any money or other benefits given out can be returned due to circumstances specified in the contract.
Otherwise known as a criminal code, is a document which compiles all, or a significant amount of, a particular jurisdiction’s criminal law. Typically, it will contain offences which are recognised in the jurisdiction, penalties which might be imposed for those offences and some general provisions (such as definitions and prohibitions on retroactive prosecution).
The body of law created by virtue of judicial/court decisions, as opposed to law that is based on statutes, regulations and other forms of written legislation.
A union of two people not formalised in the customary manner as prescribed by law but created by an informal agreement to marry followed by cohabitation. As the union is not legally recognised it does not affect or grant any rights of property ownership, rights of survivorship or spousal benefits as between the parties.
Communication which cannot be disclosed without the consent of the party making it, such as those made by a client to his or her legal adviser, or communication which does not expose the person making it to court proceedings for defamation, such as those made during court proceedings.
A company that trades on the stock market, has a minimum share capital of £50,000 and is governed by a strict set of rules. They are required to publish a true financial position so investors can determine the exact worth of any shares that they hold in the company. They carry the letters PLC after their name.
The process of bringing together the two sides in a dispute, often employment related, to discuss the issues and reach a settlement.
A situation where someone in a position of trust will be personally affected by the results of a decision, and so cannot make that decision fairly.
Anything of value promised to another when making a contract. It can take the form of money, physical objects, services, promised actions, abstinence from a future action, and many other forms.
The act or process of uniting several cases into one trial and judgment, by order of a court, where all of the cases are between the same parties, pending in the same court, and turning upon the same or similar issues; or the court may order that one of the cases be tried, and the others decided without trial according to the judgment in the one selected. Also applied where companies in the same industry or of the same type join together.
A secret agreement between two or more persons made for the purpose of committing, by their joint efforts, some unlawful or criminal act, or some act which is in itself innocent, but which becomes unlawful when done by the concerted action of the conspirators, or for the purpose of using unlawful or criminal means to the commission of an act not in itself unlawful.
Occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is in effect a termination giving rise to the employee acquiring the right to make claims against the employer for compensation. The employee may resign over a single serious incident or over a pattern of incidents. Generally, the employee must resign soon after the occurrence of the serious incident or the pattern of incidents.
Open disrespect for or wilful disobedience of the authority of a court of law or legislative body, usually punishable by sanctions such as a fine or imprisonment.
Also known as interpretation against the draftsman, is a doctrine of contractual interpretation which provides that where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the party who provided/drafted the wording.
An agreement where one person promises to do something or to refrain from doing something if the other person does something, but the other person makes no promise to do or refrain from doing anything so that no enforceable obligation has been given by the other person.
A legal document, usually in writing, giving details of a formal legally binding agreement, between two or more different people or groups. To be legally binding it must contain certain elements: - it must contain an offer made by one party and accepted in its entirety by the other, - it must include some form of consideration whether it be money, goods or services, and - it must be properly signed by all parties to it, and dated.
A contract in which all elements of a contract are specifically stated (offer, acceptance and consideration), and the terms are set out, as compared with an implied contract in which the existence of the contract is assumed by the circumstances.
The rule of law under which an act or omission of a claimant is a contributing cause of injury and possible bar to a complete recovery. It can be used as a defence to prevent a claimant from being awarded full damages if he or she did not take reasonable care of his or her self. In the United States, it is a defence that prevents a claimant from being awarded damages if he or she has knowingly and voluntarily accepted the risk of loss, injury or damage.
A marriage arranged or entered into for a (non-romantic) financial, practical or political purpose that benefits one or both spouses, such as to gain nationality; a financial, practical or political arrangement between two people, groups or political parties that would not normally be expected to work together.
The transfer of property rights in land from one person to another or an instrument used to transfer title to property.
A legal device that gives the creator of literary, artistic, musical or other creative work the sole right to publish and sell that work. Copyright owners have the right to control the reproduction of their work, including the right to receive payment for that reproduction. An author may grant or sell those rights to others, including publishers and recording companies. Violation of copyright is called infringement. The typical duration of copyright is the author’s life plus fifty years.
Literally, ‘may you have the body’. It is a legal action that requires a person under arrest to be brought before the courts so that he or she can be released from unlawful detention where such detention lacks sufficient cause or evidence.
To add weight or credibility by additional or confirming facts or evidence. The testimony of a witness is said to be corroborated when it is shown to correspond with the representation of some other witness or to accord with some facts otherwise known or established.
A clearly recognisable pattern of previous conduct between parties to a business transaction. Where such conduct becomes the subject of litigation, a court will examine what the parties intended when they entered into the contract. The supposition will be that the parties drew up the contract taking into account the customary manner in which business has previously been transacted prior to signing the contract, and that customary behaviour, or course of dealing, will be highly relevant to ascertaining the intentions of the parties.
A judicial tribunal or assembly that blatantly disregards recognised standards of law and justice, and often carries little or no official standing in the territory within which it resides. The term may also apply to a court held by a legitimate judicial authority which intentionally disregards the court’s legal or ethical obligations. It usually occurs in circumstances where the intention is to give the appearance of a fair and just trial, even though the verdict has in reality already been decided before the trial has begun.
A binding promise, usually contained in the deed of a piece of real property, to engage in or refrain from a specified action (including a restrictive covenant, which is a restriction on the use of property).
Blameable; involving the breach of a legal duty or the commission of a fault. The term connotes fault rather than guilt.
The scientific study of fingerprints for the purposes of identification.
The process of calculating how much money compensation a court should award a party following a breach of contract, personal injury or other monetary claim.
Punitive damages, also known as exemplary damages, may be awarded by a judge in addition to actual damages, which compensate the claimant for the losses suffered due to the harm caused by the defendant. Punitive damages are a way of punishing the defendant in a civil case and are based on the theory that the interests of society and the individual harmed can be met by imposing additional damages on the wrongdoer.
Damages that are ascertained at the outset of a contractual arrangement between parties to compensate an injured party for a specific breach of the contract by the other party. Damages can be liquidated in a contract only if the injury is uncertain or difficult to quantify, the amount is reasonable and considers the actual or anticipated harm caused by the breach and the damages are structured to function as damages and not as a penalty. If these criteria are not met, a liquidated damages clause will be void.
Latin for not enough to be considered.
A medium to long term debt instrument used by large companies to borrow money, at a fixed rate of interest. It originally referred to a document that either creates a debt or acknowledges it, but in some countries the term is now used interchangeably with bond, loan stock or note. A debenture is like a certificate of loan evidencing the fact that the company is liable to pay a specified amount with interest, and although the money raised by the debentures becomes part of the company’s capital structure, it does not become share capital.
A person against whom a judgment ordering him/her to pay a sum of money has been obtained and remains unsatisfied.
Commonly used to allow a person to declare something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. They are made under statutory authority before a justice of the peace or a commissioner for oaths and may in certain circumstances be substituted for a statement on oath, such as an affidavit or sworn statement.
Damaging the reputation of a person or a group of people by publishing or saying bad things about them that are not true. More specifically, saying words which amount to defamation is slander and defamation in other forms, such as printed words or images, is libel.
Refers to a fault in either real or personal property that could not have been discovered by a reasonably thorough inspection before it was purchased.
A strategy intended to make a hostile takeover of a company more difficult, by granting special rights to existing shareholders upon the occurrence of the purchase of a significant amount of shares by an intended purchaser, or the issuing of bonds that can only be redeemed at a very high price.
An unreasonable delay in performing a contract or duty; an unreasonable delay in allowing or providing something to which a person has a right or interest.
The sum which is fixed by a contract of carriage, or which is allowed, as remuneration to the owner of a ship (or other freight vehicle), for the detention of his vessel beyond the number of days allowed by the contract (or charter-party) for loading or unloading or for sailing the ship. It is also the period in which a chartered ship remains in the charterer’s possession beyond the agreed transportation time.
Describes something that is in disrepair or decay, but more often refers to the disrepair for which a tenant may be liable when he has agreed to give up a property in good repair, or a landlord may be liable when he has agreed to keep the structure of the property in good repair.
Is the investigation of a business or person prior to signing a contract. A common example of due diligence in various industries is the process through which a potential buyer evaluates a target company or its assets for an acquisition.
Guidelines issued by judges on how specific procedures and formalities should be followed in different courts.
Instructions that a court gives to the parties to a case on how to prepare the case for trial. The directions are intended to make sure that everything about the case is known to the court and to all the parties before the full court hearing.
In litigation, the requirement to provide copies of all relevant documents to the other party before trial; the giving of information which would otherwise be kept secret; the process of sharing information.
Termination of employment against the will of an employee; the end of an action or claim before a judgment has been delivered, often during the very early stages.
Used to describe a situation where an employer dismisses an employee in breach of employment law, which may give rise to legal proceedings for reinstatement and/or compensation for dismissal.
DLD stands for Dubai Land Department, a government entity established on January 24, 1960, to handle all matters related to the legalization of real estate transactions in the Emirate of Dubai. On September 18, 2013, H.H. Sheikh Mohammed Bin Rashid Al Maktoum, Ruler of Dubai, issued the Law No. (7) of 2013 Concerning the Land Department which defines objectives of DLD as the government entity responsible for regulation and registration of real estate property and promotion of real estate investment. The department also actively develops the necessary legislation to propel the real estate sector in Dubai and distributes knowledge in real estate. Today, DLD provides more than 160 services going beyond just registration and titling. Organisational structure of Dubai Land Department includes: Real Estate Registration which documents and retains real estate rights in the land registry system (the registration arm); Real Estate Regulatory Agency (RERA) which regulates the real estate sector in the emirate (the regulatory arm); Real Estate Investment Management & Promotion Center supports national and international real estate investors, develops the real estate investment environment and promotes direct and long-term investments (the investment arm); Rental Disputes Settlement Center (also known as Rental Committee) which deals with rent disputes arising between those involved in the real property rental sector and other related sectors (the judicial arm); Dubai Real Estate Institute (DREI) which aims to create, spread and sustain real estate knowledge in the market (the educational arm).
In legal usage, it is a body of inter-related rules (usually common law and built over a long period of time) associated with a legal concept or principle.
Is the established, fixed, permanent or ordinary place of residence of a person, as distinguished from his or her temporary and transient though actual place of residence.
A procedural defence that forbids a defendant from being tried again on the same (or similar) charges following a legitimate acquittal or conviction.
An agreement between two countries to prevent taxpayers being liable for tax on the same money under both tax systems.
A non-possessory right to use and/or enter onto the property of another without possessing it. They include a right of way (a path or road over private land which people are legally allowed to use), a right to light or a right to a flow of water. The land against which the easement or privilege exists is called the servient tenement, and the land to which it is annexed is the dominant tenement, and their owners are called respectively the servient and dominant owners.
The act of dishonestly withholding assets for the purpose of stealing them, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. It is a type of financial fraud and is usually a premeditated crime performed methodically, with the embezzler taking precautions to conceal his or her activities, because it is occurring without the knowledge or consent of the affected person.
To set up a prior claim, or the right to gain an advantage before anyone else.
The passing of a law by a law-making body, such as a parliament. The term may refer to the whole or part of a piece of legislation or the whole or part of an instrument made under a piece of legislation.
Refers to the terms of a contract or a judgment or a rule of law which it is possible, where necessary, to make people obey.
The practice whereby a law enforcement officer induces a person to commit a criminal offence that the person would otherwise have been unlikely to commit. It is a defence to criminal charges when it is established that the law enforcement officer originated the idea of the crime and induced the accused to engage in it. If the crime was promoted by a private person who has no connection with government law enforcement agencies, it is not entrapment.
Based on fairness and not legal technicalities; refers to positive remedies (orders to do something, not money damages) employed by the courts to solve disputes or give relief.
Attempting to obtain trade secrets by dishonest means, including telephone tapping, infiltration of a competitors workforce and computer hacking.
Describes a situation where a piece of land has been used for a specific purpose for a long time, and as a result an authority recognises that it should now only be used for that purpose.
Land, including the resources in and on it, such as crops, minerals and water, and the buildings and permanent fixtures attached to it.
A doctrine that prevents someone from carrying out actions, or making statements or promises that are the opposite of what that person has earlier said, promised or otherwise implied or done, or go against a finding of a court of law, especially when this would result in loss or harm to another person.
The removal a tenant from possession of a premises in which he or she resides or has a property interest carried by a landlord either by re-entry on the premises or by court action.
Any matter of fact that a party to a claim or action offers to provide to prove or disprove an issue in the case. The strongest type of evidence is that which provides direct proof of the truth of an assertion. At the other extreme is evidence that is merely consistent with an assertion but does not rule out other, contradictory assertions, and may be viewed as circumstantial evidence.
Is a judicial proceeding conducted for the benefit of only one party. The term ex parte is used in a case name to signify that the case was brought by the person whose name follows the term. Ex parte applications are often made when the application is for an injunction.
Money paid where there is no legal obligation to do so. For example, by an employer to an employee or to compensate victims of an accident; the organisation making the payment does not admit any legal responsibility.
Of or pertaining to a situation involving two or more events or possibilities in which the occurrence of one precludes the occurrence of the other. Both outcomes cannot be true at the same time. For example, the outcome of a single coin toss can result in either heads or tails, but not both.
Literally, ‘on the face of it’. It is commonly used to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case.
An official statement or order issued by a Muslin religious leader or cleric, usually regarded as being legally binding or creating a legal duty.
Capable of being carried out or likely to be successful.
A person with a duty to act for another person’s benefit and who assumes a duty to act in good faith and with care, candor and loyalty in fulfilling this obligation of trust. A fiduciary relationship encompasses the elements of faith and confidence and is generally established only when the confidence given by one person is actually accepted by the other person. Mere respect for another individual’s judgment or general trust in his or her character is ordinarily insufficient for the creation of a fiduciary relationship. The duties of a fiduciary include loyalty and reasonable care of the assets within custody. All of the fiduciary’s actions are performed for the advantage of the beneficiary.
A contractual right that gives the holder the option to enter a business transaction with the owner of something, according to specified terms, before the owner is entitled to enter into that transaction with a third party. It is similar to a call option.
A common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties such as war, strike, riot, crime, or an event known as an act of God (such as a hurricane, flooding, earthquake, volcanic eruption etc.), prevents one or both parties from fulfilling their obligations under the contract. In practice, most force majeure clauses do not exclude a party’s non-performance entirely, but only suspends it for the duration of the force majeure event.
Sometimes known as legal force, is the amount of force necessary to protect or defend a person or their property from another person. The term usually denotes defending against a violent attack, theft or other unlawful aggression. It may be used as a defence in a criminal trial or as a defence in a claim alleging tortious conduct. The use of excessive force, or more force than reasonably necessary for such protection, may result in the defence being forfeited.
A foreseeable event, time or situation is one that can be easily known about, imagined or guessed before it happens. It is an established legal principle that damages can only be recovered where it can be shown that the loss or injury caused by the defaulting party could be reasonably expected at the time that the event or situation occurred.
A right that someone buys from a company to sell its goods or services, especially in a particular area. In its simplest terms, a franchise is a licence from an owner of a trademark or trade name permitting another to sell a product or service under that mark or name. More broadly stated, a franchise has evolved into an elaborate agreement under which the franchisee undertakes to conduct a business or sell a product or service in accordance with methods and procedures prescribed by the franchisor, and the franchisor undertakes to assist the franchisee through the advertising, promotion and other advisory services.
Is deliberate deception to secure an unfair or unlawful gain. It is both a civil wrong (a fraud victim may sue the fraud perpetrator to remedy the fraud and/or recover compensation) and a criminal offence (a fraud perpetrator may be prosecuted and imprisoned by the government authorities).
Is broadly the act of making a false statement and can take various forms. It could be an intentional disregard of false or possibly false information; falsely entering into a contract; or causing loss based on false data leading to a contract.
Someone who represents a child, patient, person with a mental disability, or other person who is unable to represent themselves in court. The litigation friend need not be legally qualified and usually is not.
An order usually made by a court restricting information or comment from being made public, or in some cases, passed onto any unauthorised third party. They may be used to protect legitimate trade secrets of a company, or the privacy of victims or minors. They may also limit the freedom of the press by censorship or restricting access to information.
The practice whereby an employee leaving a job, having resigned or had their employment terminated, is instructed to stay away from work during the notice period, while still remaining on the payroll. This practice is often used to prevent employees from taking with them up-to-date (and possibly sensitive) information when they leave their current employer, especially when they are leaving to join a competitor.
Court proceedings against a person who owes money to another person, and which could lead to the making of a garnishee order (allowing the taking away of part of the debtor’s income to pay the person or institution the money owed by the debtor).
Occurs when a seller (usually of property) accepts a verbal offer on his/her property from one potential buyer, but then accepts a higher offer from someone else. It can also refer to the seller raising the selling price or asking for more money at the last minute, after previously verbally agreeing to a lower one. Some jurisdictions have passed legislation making offers on real property binding at an early stage during the process of buying a property.
Latin phrase meaning ‘in a class by itself; unique’. Used when a special and unique interpretation of a case or authority is found to be necessary.
A person or organisation that is regarded as having complied with all of his or her explicit obligations and have unabated powers to conduct his or her activities.
A period immediately after the deadline for the performance of an obligation during which a late fee or penalty, or other action would have been taken as a result of failing to meet the deadline, is waived provided that the obligation is satisfied during the grace period. Grace periods can range from a couple of minutes to a number of days or longer, depending on the context, and can apply in various situations, such as complying with a legal obligation by a specified deadline.
Literally means ‘an unwelcome person’, and refers to a foreign person whose entering or remaining in a particular country is prohibited by that country’s government. It is the most serious form of censure which a country can apply to foreign diplomats, who are otherwise protected by diplomatic immunity from arrest and prosecution.
A formal promise by one party (the guarantor or surety) to another party (the creditor) to accept responsibility of a third party’s (the principal debtor) debt, if that third party cannot or refuses to pay it.
A person lawfully invested with the power, and charged with the duty, of taking care of a person and/or managing the property rights of another person. Guardians are typically used in three situations; for an incapacitated senior (due to old age or infirmity), for a minor and for developmentally disabled adults.
The part of a deed or conveyance that states how much interest in the property will be transferred and how it will be transferred. Such clauses are a common feature of lease agreement that grant rights of occupation to individuals or companies either for a fixed period of time or for a period which may be ended at the will of one or both of the parties.
Covers a wide range of behaviour of an offensive nature. It is commonly understood to be behaviour intended to disturb, threaten or upset, and it is characteristically repetitive.
Evidence given by a witness who relates not what he knows personally but what others have told him, or what he has heard said by others.
Imports a continuity of action or condition from the present time forward, but excludes all the past.
Property that can be passed on to another person following the death of the owner, but which do not exist physically. They include patent rights, rental income from land, hereditary titles, pensions and annuities.
Is a reference to this document or to this matter.
An Arabic word meaning rent. It is a sharia-compliant form of mortgage similar to rent to own, or rent with acquisition.
A violation of a statute, regulation or ordinance, which may be criminal or merely not in conformity; that which lacks authority of or support from the law.
A formal process in which an official is accused of unlawful activity, the outcome of which may include the removal of that official from office as well as criminal punishment or civil proceedings.
A contract term created by law (case law and statutes) as opposed to an express term that is created by the parties to a contract. An implied term can be ascertained by reference to a five stage test. It must be reasonable and equitable, necessary for the business efficacy of the contract, so obvious that it goes without saying, capable of clear expression and must not contradict an express term.
Unable to be taken away or remove.
An agreement or assurance whereby one party insures another party against an anticipated loss, or to prevent that party from being damaged by the legal consequences of an act or the failure to act by the party providing the indemnity or a third party.
A formal written statement that a person has committed a particular criminal offence.
A breach of an obligation in a contract or a violation of the law or regulation for which the consequences or the penalty which is appropriate is minor, such as a parking infraction.
Is an equitable remedy in the form of a court order that compels a party to do or refrain from specific acts. A party that fails to comply with an injunction faces criminal or civil penalties. They can also be charged with contempt of court.
The state or condition of being unable to pay money owed, by a person or a company, on time. Those in a state of insolvency are referred to as insolvent.
Something that does not physically exist, such as an idea. In its legal context, the word is more often used to refer to an intangible asset or property, sometimes referred to as incorporeal property, such as copyright, trademarks or patents.
An act or a failure to act which is carried out with reason and purpose.
Latin term which literally means ‘among the living’. It is used to describe the transfer of property by agreement between living persons as opposed to a gift made by a Will.
