Abiblo Law - Absento Res
Absento res is the latin term which indicates that the defendant being absent.
Abiblo Law - Absconding
absconding is due to the failure of the person to surrender to the court custody in order to avoid legal proceedings.
Abiblo Law - Ab intestato
Ab intestato is the latin term for an intestate which indicates an inheritance from someone who passed away without any valid will.
Abiblo Law - Ab initio
Ab initio is the latin words. Meaning from the beginning. Any void of contract such as due to mistake, will have the effect that no third parties who is innocent can acquire right under any subsequent contract.
Abiblo Law - Abatement
It is the proportionate reduction in the debt payment which take places if a person's assets are not enough to settle with the creditor in full.
The cancellation or reduction of the legacies if a solvent estate is not enough to cover all the legacies , provided for in the will or on intestacy after the payment of deceased debts.
The Administration Estates Act ( Sch 1 pt 11) includes that general legacies abate in proportion to the amount of those legacies unless given to satisfy the debt.
Demonstrative and specific legacies abate if the estate is still not sufficient to pay the debt.
A demonstrative legacy also abates if the specified fund is insufficient to cover it. For instance, A's estate may consists of a building, 5000 pound sterling in his saving account and 8000 pound sterling in other money. There are debts of 1000 pound sterling but his will leave behind building to B, 7000 pound sterling from the saving amount to C and 9000 pound sterling to D and 500 pound sterling to E.
B will receive the building, C demonstrative legacy abate to 5000 pound sterling and after the debts are paid from remaining money 8000 pound sterling, D's and E's general legacies abate proportionally. In case of any annuities given on the will, the rule is that they are valued on the date the testator died then proportionally abate in accordance with valuation. Each annuitant will receive the abated sum. These rules are subject to contrary intention being expressed in will.
In land law, abatement is any reduction or cancellation of a payable money. For instance, a lease may provide for a rent abatement in certain circumstances such as if the fire destroyed the building or purchaser of a land claim abatement of the price if it is proven that the seller can prove ownership of his only part of the land contracted to sell.
Abatement may also mean in case of nuisance, the destruction, removal or termination of a nuisance.
An injured person by nuisance has a right to abate it. He must not do more damage than necessary. If nuisance removal requires entry to the property from which it emanates, he will have to give notice to the wrongdoer. Abatement notice can be issued by local authority to control statutory nuisance.
Abatement of proceedings, It is the termination of the civil proceedings based on operation of law due to the change in status or interest ( bankruptcy / death ) of any party after the start but before the completion of proceedings.
Abatement will not prevent either of the parties from brining fresh proceedings in respect oof the similar cause of action.
There is abolishment of any pleas in abatements.
In modern practice, change in the interest or status will not affect the validity of proceedings provided the survival of the cause of action.
Abiblo Law - Abduction
Abduction is wrongfully detaining or taking away another person by fraud or force.
Abiblo Law - Abandonment
It is the act of giving up a legal right of ownership of property. The property which has been abandoned will be res nullius. Res nullius means things not belonging to anyone. The person taken into possession of the abandoned property will acquire a lawful title. An abandoned item is justified when it can be established that the original owner has discarded it and is indifferent to what had become to the item. This item cannot be subject of theft. There is an exception regarding property left in the dustbin which is not considered as abandoned as the purpose of placing the property by its owner to the dustbin is for it to be collected as refuse.
Abandonment is considered in the case of marine insurance, where it means the surrender of all rights to a cargo or ship due to constructive total loss. The insured person must give the insurer a reasonable time for a notice of abandonment which will relinquish his rights to the cargo and ship to the insurer and treat the loss as actual total loss.
In civil litigation, abandonment means relinquishing of the whole or part of the claim made in an appeal or an action. Any claim is abandoned if a notice of discontinuance is served under Part 38 of the Civil Procedure Rules.
Abandonment is related to the offence of guardian or parent leaving child under 16 years to its fate. No abandon if the parent knows and approves some one else taking and look after the children.
Any cases of parent being found guilty of abandonment maya lead to the child being adopted.