Adversarial system of trialA system under which
the parties to a trial are adversaries. They try to
prove their case, and the facts upon which it
depends. The judge does not actively investigate
the facts.
AffirmationDeclaration of an intention to proceed
with a contract despite knowing that it could be
avoided, thus losing the right to avoid. Can be done
expressly or impliedly and lapse of time may
indicate affirmation.
AgentA person with authority to alter the legal
position of another person, the principal. Such an
alteration is usually achieved by making a contract
for the principal.
Alternative dispute resolutionVarious methods by
which legal disputes can be settled without going to
court.
Amending ActA statute which changes some of
the provisions of another statute which is already in
force.
Annual accounts (company)A company’s annual
accounts consist of a balance sheet, a profit and
loss account, the directors’ report and the auditor’s
report.
Annual general meeting (AGM)A meeting of
company members which is held once every
calendar year. Public companies must hold an
AGM; private companies might choose to do so.
Annual returnBasic information about a company
which must be submitted to the Registrar of
Companies once a year.
Anticipatory breachA breach of contract which
is committed by repudiating the contract before
performance of the contract becomes due.
Apparent authorityThe power to act on a
principal’s behalf which an agent appears to have.
It is created when the principal represents to a third
party that the power exists.
Appellate courtA court which hears appeals from
other courts.Glossary
AbatementA self-help remedy in the tort of
nuisance.
Acceptance (of goods)Once goods have been
accepted, or are deemed to have been accepted, they
can no longer be rejected for breach of condition.
The right to damages remains.
Acceptance (of an offer)Agreement to the terms
proposed in the offer. The point at which a contract
is formed.
Account for profitsHand profits over to the person
to whom they belong.
Accounting recordsThe documents (such as ledger,
order forms, cash books, receipts, etc.) which enable
accounts to be prepared. Every company must keep
accounting records for inspection by the company
officers.
AcquittalA decision by a court that a defendant is
not guilty of the crime of which he was accused.
Act (of Parliament)A statute.
Act of GodA defence in tort, which applies where
natural forces, rather than human intervention,
caused the act complained of in circumstances which
no human foresight could provide against.
Actual authorityAn agent’s power to act on behalf
of a principal which arises on account of the agent
and principal agreeing that the agent should have
the power.
Actus reusThe guilty act which needs to be proved
before a person can be convicted of a crime.
Adequacy (of consideration)Consideration is
adequate if it is of the same value as the other
party’s consideration for which it is exchanged.
There is no legal requirement that consideration
should be adequate. (See also sufficiency.)
Administration (of a company)A measure short of
liquidation under which an administrator, who must
be a qualified insolvency practitioner, attempts to
rescue an ailing company.
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