An international trade instrument; "non circumvention/non disclosure
agreement" used in the preliminary stages of a business transaction
where the Seller and Buyer do not know each other, but are brought into
contact with each other by one or more intermediaries (also known as brokers
or middlemen), to fulfill the transaction. Non Circumvention/Non Disclosure
Agreements ensure that the intermediaries in the transaction are not cicumvented
and excluded from the transaction by the Buyer and/or Seller and/or the
other intermediaries. Many trade transactions are chain-like. Product
flows like this: seller-broker-broker-broker-buyer. The brokers in the
middle use NCNDs to ensure that they are not circumvented by anyone else
in the chain; also, to ensure that information on the other parties in
the chain is not disclosed to outside parties. They are valid for a specified
term; usually two years.
Not only are people responsible for the intentional harm they cause, but
their failure to act as a reasonable person would be expected to act in
similar circumstances (i.e. "negligence") will also give rise
to compensation. Negligence, if it causes injury to another, can give
rise to a liability suit under tort. Negligence is always assessed having
regards to the circumstances and to the standard of care which would reasonably
be expected of a person in similar circumstances. Everybody has a duty
to ensure that their actions do not cause harm to others. Between negligence
and the intentional act there lies yet another, more serious type of negligence
which is called gross negligence. Gross negligence is any action or an
omission in reckless disregard of the consequences to the safety or property
of another. See also contributory negligence and comparative negligence.
To communicate on a matter of disagreement between two parties, with a
view to first listen to the other party's perspective and to then attempt
to arrive at a resolution by consensus.
judex in parte sua
Latin and a fundamental principle of natural justice which states
that no person can judge a case in which he or she is party. May also
be called nemo judex in sua causa or nemo debet esse judex in propria
The nearest blood relative of a deceased. The expression has come to describe
those persons most related to a dead person and therefore set to inherit
the decesased's property.
Latin for "I will not defend it." Used primarily in criminal
proceedings whereby the defendant declines to refute the evidence of the
prosecution. In some jurisdictions, this response by the defendant has
same effect as a plea of guilty.
Latin for "not his deed" and a special defense in contract law
to allow a person to avoid having to respect a contract that she or he
signed because of certain reasons such as a mistake as to the kind of
contract. For example, a person who signs away the deed to a house, thinking
that the document signed was only a guarantee for another person's debt,
might be able to plead non est factum in a court and on that basis get
the court to void the contract.
When a person who should have been made a party to a legal proceedings
has been forgotten or omitted. This is usually addressed by asking the
court to amend documents and including the forgotten party to the proceedings.
It is the opposite of mis-joinder.