'Possession' is a word of ambiguous meaning1, and its legal senses do not coincide with the popular sense2. Its meaning depends upon the context in which it is used3. In English law it may be treated not merely as a physical condition protected by ownership, but as a right in itself4. The word 'possession'5 may mean effective, physical or manual control, or occupation, evidenced by some outward act, sometimes called de facto possession or detention6 as distinct from a legal right to possession7. This is a question of fact rather than of law8.
'Possession' may mean legal possession: that possession
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Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
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