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Knapp V Knapp
''Knapp v Knapp'',. is the possession by intention of donor case, decided in the Supreme Court of South Australia, Australia. History The husband, the appellant, was the owner of a motor car. He said to his wife, the defendant, that he would give it to her as a birthday present. The car was registered in the husband's name, and subsequently re-registered in his name. The husband received a petrol allowance. The wife had custody of the car but used her husband’s petrol allowance. The wife made an action for the car and was successful. The husband appealed to the Supreme Court of South Australia. The case was heard by Mayo J. Decision The Court, Mayo J, applied the four elements of gifting (from ''Handshin v Hackett'',. where no co-ownership is envisaged. 1. Intention by donor to give absolute right to exclusive enjoyment. The car was registered in the husband's name, not the wife's, so he could get the petrol allowance. Therefore, he is the owner within the meaning ...
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Supreme Court Of South Australia
The Supreme Court of South Australia is the superior court of the Australian state of South Australia. The Supreme Court is the highest South Australian court in the Australian court hierarchy. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Court is composed of a Chief Justice and as many other judges (called justices) as may be required. History The Court was established by Letters Patent on 2 January 1837, five days after the colony was founded. The Court is unique among Australia's state supreme courts in that it was established at the foundation of the colony of South Australia, as the notion of a supreme court was a part of the colony's founder, Edward Wakefield's theory of colonisation. Other Australian colonies only established their courts long after the settlement of the colony. The Court was endowed with all the common law and probate jurisdiction of the courts of Westminster. The first sessions of ...
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Petrol
Gasoline (; ) or petrol (; ) (see ) is a transparent, petroleum-derived flammable liquid that is used primarily as a fuel in most spark-ignited internal combustion engines (also known as petrol engines). It consists mostly of organic compounds obtained by the fractional distillation of petroleum, enhanced with a variety of additives. On average, U.S. refineries produce, from a barrel of crude oil, about 19 to 20 gallons of gasoline; 11 to 13 gallons of distillate fuel (most of which is sold as diesel fuel); and 3 to 4 gallons of jet fuel. The product ratio depends on the processing in an oil refinery and the crude oil assay. A barrel of oil is defined as holding 42 US gallons, which is about 159 liters or 35 imperial gallons. The characteristic of a particular gasoline blend to resist igniting too early (which causes knocking and reduces efficiency in reciprocating engines) is measured by its octane rating, which is produced in several grades. Tetraethyl lead and other ...
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South Australia Case Law
South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both east and west. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþaz'' ("south"), possibly related to the same Proto-Indo-European root that the word ''sun'' derived from. Some languages describe south in the same way, from the fact that it is the direction of the sun at noon (in the Northern Hemisphere), like Latin meridies 'noon, south' (from medius 'middle' + dies 'day', cf English meridional), while others describe south as the right-hand side of the rising sun, like Biblical Hebrew תֵּימָן teiman 'south' from יָמִין yamin 'right', Aramaic תַּימנַא taymna from יָמִין yamin 'right' and Syriac ܬܰܝܡܢܳܐ taymna from ܝܰܡܝܺܢܳܐ yamina (hence the name of Yemen, the land to the south/right of the Levant). Navigation By convention, the ''bottom or down-facing side'' of a ...
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Footnotes
A note is a string of text placed at the bottom of a page in a book or document or at the end of a chapter, volume, or the whole text. The note can provide an author's comments on the main text or citations of a reference work in support of the text. Footnotes are notes at the foot of the page while endnotes are collected under a separate heading at the end of a chapter, volume, or entire work. Unlike footnotes, endnotes have the advantage of not affecting the layout of the main text, but may cause inconvenience to readers who have to move back and forth between the main text and the endnotes. In some editions of the Bible, notes are placed in a narrow column in the middle of each page between two columns of biblical text. Numbering and symbols In English, a footnote or endnote is normally flagged by a superscripted number immediately following that portion of the text the note references, each such footnote being numbered sequentially. Occasionally, a number between brack ...
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Valuable Consideration
Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. The court in '' Currie v Misa'' declared consideration to be a “Right, Interest, Profit, Benefit, or Forbearance, Detriment, Loss, Responsibility”. Thus, consideration is a promise of something of value given by a promissor in exchange for something of value given by a promisee; and typically the thing of value is goods, money, or an act. Forbearance to act, such as an adult promising to refrain from smoking, is enforceable if one is thereby surrendering a legal right. Consideration may be thought of as the concept of value offered and accepted by people or organisations entering into contracts. Anything of value promised by one party to the other when making a contract can be treated as "consideration": for example, if A contracts to buy a car from B for $5,000, A' ...
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Insurance
Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to hedge against the risk of a contingent or uncertain loss. An entity which provides insurance is known as an insurer, insurance company, insurance carrier, or underwriter. A person or entity who buys insurance is known as a policyholder, while a person or entity covered under the policy is called an insured. The insurance transaction involves the policyholder assuming a guaranteed, known, and relatively small loss in the form of a payment to the insurer (a premium) in exchange for the insurer's promise to compensate the insured in the event of a covered loss. The loss may or may not be financial, but it must be reducible to financial terms. Furthermore, it usually involves something in which the insured has an insurable interest established by ...
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Concurrent Estate
In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one person owns the same property, they are commonly referred to as co-owners. Legal terminology for co-owners of real estate is either co-tenants or joint tenants, with the latter phrase signifying a right of survivorship. Most common law jurisdictions recognize tenancies in common and joint tenancies. Many jurisdictions also recognize tenancies by the entirety, which is effectively a joint tenancy between married persons. Many jurisdictions refer to a joint tenancy as a joint tenancy with right of survivorship, but they are the same, as every joint tenancy includes a right of survivorship. In contrast, a tenancy in common does not include a right of survivorship. The type of co-ownership does not affect the right of co-owners to sell their fractional interest in the property to others during their lifetimes, but it does affect ...
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Gifting
A gift or a present is an item given to someone without the expectation of payment or anything in return. An item is not a gift if that item is already owned by the one to whom it is given. Although gift-giving might involve an expectation of reciprocity, a gift is meant to be free. In many countries, the act of mutually exchanging money, goods, etc. may sustain social relations and contribute to social cohesion. Economists have elaborated the economics of gift-giving into the notion of a gift economy. By extension the term ''gift'' can refer to any item or act of service that makes the other happier or less sad, especially as a favor, including forgiveness and kindness. Gifts are also first and foremost presented on occasions such as birthdays and holidays. Presentation In many cultures gifts are traditionally packaged in some way. For example, in Western cultures, gifts are often wrapped in wrapping paper and accompanied by a gift note which may note the occasion, the r ...
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Birthday
A birthday is the anniversary of the birth of a person, or figuratively of an institution. Birthdays of people are celebrated in numerous cultures, often with birthday gifts, birthday cards, a birthday party, or a rite of passage. Many religions celebrate the birth of their founders or religious figures with special holidays (e.g. Christmas, Mawlid, Buddha's Birthday, and Krishna Janmashtami). There is a distinction between birth''day'' and birth''date'': the former, except for February 29, occurs each year (e.g. January 15), while the latter is the complete date when a person was born (e.g. January 15, 2001). Legal conventions In most legal systems, one becomes a legal adult on a particular birthday when they reach the age of majority (usually between 12 and 21), and reaching age-specific milestones confers particular rights and responsibilities. At certain ages, one may become eligible to leave full-time education, become subject to military conscription or to enlist in ...
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South Australian State Reports
Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation'', published jointly by the ''Melbourne University Law Review'' and the '' Melbourne Journal of International Law''. {{DEFAULTSORT:Law Reports in Australia List of Law Reports in Australia Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation'', published ... Case law reporters Australian law-related lists ...
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Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ...
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Motor Car
A car or automobile is a motor vehicle with wheels. Most definitions of ''cars'' say that they run primarily on roads, seat one to eight people, have four wheels, and mainly transport people instead of goods. The year 1886 is regarded as the birth year of the car, when German inventor Carl Benz patented his Benz Patent-Motorwagen. Cars became widely available during the 20th century. One of the first cars affordable by the masses was the 1908 Model T, an American car manufactured by the Ford Motor Company. Cars were rapidly adopted in the US, where they replaced animal-drawn carriages and carts. In Europe and other parts of the world, demand for automobiles did not increase until after World War II. The car is considered an essential part of the developed economy. Cars have controls for driving, parking, passenger comfort, and a variety of lights. Over the decades, additional features and controls have been added to vehicles, making them progressively more complex. These i ...
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