distinguished from law (as in *trier of fact) or, in the law of evidence, from opinion
(see OPINION EVIDENCE). The facts in issueare the main facts that a party carrying the
persuasive *burden of proof must establish in order to succeed; in a wider sense
they may include subordinate or collateral facts, such as those affecting the *credit
of a witness or the *admissibility of evidence. See alsoFACTUM.
factor n. An agent entrusted with the possession of goods (or documents of title
representing goods) for the purposes of sale. A factor is likely to fall within the
definition of a *mercantile agent in the Factors Act 1889and to have the powers of
a mercantile agent. A factor has a *lien over the goods entrusted to him that covers
any claims against the principal arising out of the agency.
factum n. [Latin] 1. A *fact or statement of facts. For example, a factum probans
(pl. facta probantia) is a fact offered in evidence as proof of another fact, and a
factum probandum (pl. facta probanda) is a fact that needs to be proved. 2. An act
or deed. See also NON EST FACTUM.
failure to maintain The failure of either spouse to provide reasonable
maintenance for the other or to make a proper contribution towards the
maintenance of any children of the family during the subsistence of the marriage.
Upon proof of such failure, magistrates' courts have jurisdiction to make orders for
unsecured periodical payments and for lump-sum orders not exceeding .1000. The
divorce county courts and High Court have power to make orders for periodical
payment (which may also be secured by a charge on the property of the respondent
spouse) and for lump-sum orders (of any sum). It is no longer necessary to prove
wilful neglect to maintain (i.e. deliberate withholding of maintenance). Under the
Child Support Act 1991, application for periodical payments for children can now
usually be made directly to the Child Support Agency (see CHILD SUPPORT
MAINTENANCE) rather than the court.
failure to make disclosure Failure of a party to disclose documents as required
by a disclosure direction (see DISCLOSURE AND INSPECTION OF DOCUMENTS). This will lead
to an application to the court for an order compelling disclosure. The court will
most likely consider an *unless order with some sanction for noncompliance, e.g.
dismissal of action, striking out of the defence.
fair comment The defence to an action for *defamation that the statement made
was fair comment on a matter of public interest. The facts on which the comment
is based must be true and the comment must be fair. Any honest expression of
opinion, however exaggerated, can be fair comment. but remarks inspired by
personal spite and mere abuse are not. The judge decides whether or not the matter
is one of public interest. See also ROLLED-UP PLEA.
fair dismissal *Dismissal of an employee when a tribunal decides that an
employer has acted reasonably in dismissing the employee and that the dismissal
was for a lawful reason, i.e. on the grounds of the employee's capability,
qualifications, or conduct; redundancy; the fact that it would be illegal to continue
employing the employee: or some other sufficient and substantial reason. Compare
UNFAIR DISMISSAL.
fair rent Rent fixed by a rent officer or rent assessment committee for the holder
of a *protected or *statutory tenancy. The rent is registered in relation to the
property. When fixing the rent, no account is taken of the scarcity of rented
property and therefore the rent is often lower than a market rent. The rent of
*assured tenancies is fixed by agreement between the landlord and tenant. The
tenant can apply to a *rent assessment committee to determine the rent if the
landlord wishes to increase it. The committee must fix the rent at the amount the
landlord could obtain on the open market. There is no registration of rent for
assured tenancies, but the rents determined by rent assessment committees are
recorded and this information is available to the public.
fair trading See DIRECTOR GENERAL OF FAIR TRADING.
fair trial A right set out in Article 6 of the European Convention on Human
Rights and now part of UK law as a consequence of the *Human Rights Act 1998.
The right to a fair trial applies in civil and criminal proceedings and includes the
right to a public hearing (subject to some exceptions) by an independent and
impartial tribunal established by law. In criminal cases there are the following
specified rights: the *presumption of innocence; the right to be told the details of
the case; to have time and facilities to prepare a defence and to instruct lawyers
(with financial support where necessary); to call witnesses and examine the
witnesses for the prosecution; and to have the free assistance of an interpreter. See
also EQUALITY OF ARMS.
fairway n. The mid-channel of a navigable river, extending as near to the shore as
there is sufficient depth of water for ordinary navigation.
fair wear and tear A phrase often found in repairing covenants in leases. When a
tenant is not obliged to repair fair (reasonable) wear and tear occurring during his
tenancy, he must nevertheless do any repairs to prevent consequential damage
resulting from the original wear and tear. For example, if a slate blows off a roof
the tenant is not liable to repair it, but he ought to prevent the rain entering
through the hole and doing more damage.
false accounting An offence, punishable by up to seven years' imprisonment,
committed by someone who dishonestly falsifies, destroys, or hides any account or
document used in accounting or who uses such a document knowing or suspecting
it to be false or misleading. The offence must be committed for the purpose of gain
or causing loss to another. There is also a special offence (also punishable by up to
seven years' imprisonment) committed by a company director who publishes or
allows to be published a written statement he knows or suspects is misleading or
false in order to deceive members or creditors of the company. See also FORGERY.
false imprisonment Unlawful restriction of a person's freedom of movement,
not necessarily in a prison. Any complete deprivation of freedom of movement is
sufficient, so false imprisonment includes unlawful arrest and unlawfully
preventing a person leaving a room or a shop. The restriction must be total: it is not
imprisonment to prevent a person proceeding in one direction if he is free to leave
in others. False imprisonment is a form of *trespass to the person, so it is not
necessary to prove that it has caused actual damage. It is both a crime and a tort.
Damages, which may be *aggravated or *exemplary, can be obtained in tort and the
writ of *habeas corpus is available to restore the imprisoned person to liberty.
false plea (sham plea) A statement of case that is obviously frivolous or absurd
and is made only for the purpose of vexation or delay. A court may order a
statement of case that would adversely affect the fair trial of a case to be struck out
or amended.
false pretence The act of misleading someone by a false representation, either by
words or conduct. The former offence of obtaining property by false pretences is
now known as obtaining property by *deception.
false statement See PERJURY.
false trade description A description of goods made in the course of a business
that is false in respect of certain facts (see TRADE DESCRIPTION). Under the Trade
Descriptions Acts 1968 and 1972 it is an offence to apply a false trade description to
goods either directly, by implication, or indirectly (e.g.by tampering with a car's
mileometer or painting over rust on the bodywork). It is also an offence to supply
or offer to supply goods to which a false trade description is attached. These
offences are triable either summarily or on indictment (in which case they carry a
maximum two years' prison sentence). They are offences of *strict liability,
although certain specified defences are allowed (e.g. that the defendant relied on
information supplied by someone else). The Acts are supplemented by the Fair
Trading Act 1973.
falsification of accounts See FALSE ACCOUNTING.
family n. A group of people connected by a close relationship. For legal purposes a
family is usually limited to relationships by blood, marriage, or adoption, although
sometimes (e.g.for social security purposes) statute expressly includes other people,
such as common-law wives (see COMMON-LAW MARRIAGE). The courts have interpreted
the word "family" to include unmarried couples living as husband and wife in
permanent and stable relationships. In the past, gay couples have always been
excluded from the definition. However, in a recent case the court interpreted the
word "family" in the Rent Act 1977to include the gay partner of a deceased tenant.
family assets Property acquired by one or both parties to a marriage to be used
for the benefit of the family as a whole. Typical examples are the *matrimonial
home, furniture, and car. There is no special body of law dealing with family assets
as such, but the courts have wide discretion to make orders in relation to such assets
upon dissolution of the marriage and have developed flexible guidelines to apply in
the case of family assets. Thus, one spouse will often acquire a share in the home
owned by the other, by reason of his or her contributions to the welfare of the
family and its finances.
family assistance order A court order under the Children Act 1989 that a
probation officer, or an officer of a local authority, should advise, assist, and
befriend a particular child or a person closely connected with the child (such as a
parent) in order to provide short-term support for the family. The order can only be
made with the consent of the person it concerns (other than the child) and has
effect for up to six months.
family credit See WORKING FAMILIES TAX CREDIT.
Family Division The division of the *High Court concerned with *family
proceedings and noncontentious probate matters. Until 1971, it was known as the
*Probate, Divorce and Admiralty Division. It may hear some appeals (see APPELLATE
JURISDICTION). The chief judge of the Division is called the President.
Family Health Services Authority (FHSA) See HEALTH AUTHORITY; NATIONAL
HEALTH SERVICE.
family life A right set out in Article 8 of the European Convention on Human
Rights and now part of UK law as a consequence of the *Human Rights Act 1998.
The right to family life extends beyond formal relationships and legitimate
arrangements. This right is a *qualified right; as such, the public interest can be
used to justify an interference with it providing that this is prescribed by law,
designed for a legitimate purpose, and proportionate. Public authorities have a
limited but positive duty to protect family life from interference by third parties.
The right to found a family (the right to procreation) is contained in Article 12 of
the Convention.
family name See SURNAME.
family proceedings All court proceedings under the inherent jurisdiction of the
High Court that deal with matters relating to the *welfare of children. Before 1989
the court's powers to make orders concerning children varied, depending on the
level of the court and the proceedings involved. The Children Act 1989,together with
the Family Proceedings Rules 1991, rationalized the court's powers and created a
unified structure of the High Court, county courts, and magistrates' courts. The
ambit of family proceedings is very wide, including proceedings for *divorce,
domestic violence (see BAITERED SPOUSE OR COHABITANT), children in care (see CARE
ORDER), *adoption, and *wardship and applications for a parental order under section
30 of the Human Fertilization and Embryology Act 1990 (see SECTION 30 ORDER).
family provision Provision made by the courts out of the estate of a deceased
person in favour of his family or *dependants. The court may award a family
provision if it is satisfied that the provision made for the applicant either by the
deceased person or by the law of intestacy is, in the circumstances, unreasonable.
Farrand Committee A governmental committee set up in 1984 to consider (1)
what tests were needed for non-solicitor conveyancers, and what other requirements
should be imposed on them to ensure adequate consumer protection; and (2) the
scope for simplifying conveyancing practice and procedure in England and Wales.
*Licensed conveyancers were created in response to the committee's
recommendations on (1), and the Conveyancing Standing Committee was set up to
advise the Law Commission on (2).
fast track The track to which a civil case is allocated when the amount claimed
exceeds .5000 but is less than .15,000 (see ALLOCATION). The fast track provides a
streamlined procedure in order to ensure that any legal and other costs remain
proportionate to the amount claimed. It achieves this through the use of standard
directions by the court, a fixed timetable of about 30 weeks between directions and
trial, a trial of one day only, no oral expert evidence to be used in trial, and costs
being fixed dependent on the level of advocacy used.
fatal accidents Formerly, at common law, the death of either party extinguished
the right to bring an action in tort. In addition, a person who caused death was not
liable to compensate the deceased's relatives and others who suffered loss because of
the death. Both rules have now been abolished by statute.
By the Law Reform (Miscellaneous Provisions) Act 1934, a right of action by (or
against) a deceased person survives his death and can be brought for the benefit of
(or against) his estate. Thus if a person is killed in a motor accident due to the
negligence of the driver, an action can be brought against the driver in the name of
the deceased; any damages obtained become part of the deceased's estate. Actions for
defamation of a deceased person and claims for certain types of loss are excluded
from the Act and do not survive death.
The Fatal Accidents Act 1976,amended by the Administration of Justice Act 1982,
confers the right to recover damages for loss of support on the dependants of a
person who has been killed in an accident, if the deceased would have been able to
recover damages for injury but for his death. The class of dependants who may sue
is defined by statute and includes such persons as spouses, former spouses, parents,
children, brothers, and sisters. The main purpose of the action is to compensate
dependants for loss of the financial support they could have expected to receive
from the deceased. However, damages for bereavement may be claimed, on the
death of a spouse or an unmarried minor child, by the surviving spouse of the
former or the parents of the latter; other relatives have no claim. The amount
awarded is currently fixed at .7500.Funeral expenses can be recovered if incurred.
federal state A state formed by the amalgamation or union of previously
autonomous or independent states. A newly created federal state is constitutionally
granted direct power over the subjects or citizens of the formerly independent
states. As such, the new federal state becomes a single composite international legal
person. Those former entities that comprise it have consented to subsume their
former sovereignty into that of the federal state, although they retain their identity
in municipal law. Examples of federal states include the USAand Switzerland.
Compare CONFEDERATION.
fee n. A legal estate (other than leasehold) in land that is capable of being inherited.
Since the Law of Property Act 1925 the term's only modern significance is in the
phrase *fee simple absolute in possession. All other such estates that formerly
existed in fee are now equitable interests only.
fee farm rent See RENTCHARGE.
fee simple absolute in possession One of only two forms of ownership of
land that, under the Law of Property Act 1925,can exist as a legal estate (see also
TERM OF YEARS ABSOLUTE). All others take effect as equitable interests. Fee simple
indicates ownership that is not liable to end upon any person's death, with the
expiration of time, or on the failure of a particular line of heirs. Absolute means
that the owner's rights are not conditional or liable to terminate on the occurrence
of any event (except the exercise of a right of *re-entry - Law of Property
(Amendment) Act 1926). In possessionmeans that the owner's rights are immediate,
thus future interests do not qualify, but possession need not imply actual physical
occupation (for instance, a person in receipt of rents and profits can be said to be in
possession).
fee tail A legal estate in land that was abolished by the Law of Property Act 1925.
It can now exist only as an equitable *entailed interest, and no new entailed
interests can be created since 1997.
felony n. Formerly, an offence more serious than a *misdemeanour. Since 1967 the
term has been abandoned (although it is retained in pre-1967 statutes that are still in
force) and the law formerly relating to misdemeanours now applies to felonies. See
also ARRESTABLE OFFENCE; INDICTABLE OFFENCE; SUMMARY OFFENCE.
feme covert [Anglo-French] A married woman, under the *coverture of her
husband.
feme sole [Anglo-French] An unmarried woman. The term includes a widow or
divorcee or a woman whose marriage has been annulled.
ferae naturae See CLASSIFICATION OF ANIMALS.
ferry n. A public highway by boat across water connecting places where the public
have rights (usually of way) granted by royal charter or acquired by *prescription.
feudal system A political, economic, and social system in which the main social
bond was the relationship between the Lord and others and in which this personal
relationship was inseparable from a proprietary relationship that existed between
them. It was introduced into England as a result of the Norman Conquest (1066). At
its centre was the doctrine of tenures. All the land in the country was regarded as
being owned by William I as the result of his conquest, and thereafter only the
Crown could own land. The subject could merely hold it on a tenure, either directly
from the Crown or indirectly through an intermediate superior. Such lands as
William did not retain in his own possession he parcelled out to his barons. Holding
directly from him, they were known as tenants-in-chief, and the tenures on which
they held were knight service (which involved a duty to render military service for
a specified number of days in each year), sergeanty (the performance of personal
services), or frankalmoign (services of a religious character). Tenants-in-chief
subgranted portions of their lands to lesser men to hold by tenure from them, the
lesser men did likewise, and so on. The process of subgranting was called
subinfeudation, and a man's immediate superior was known as his mesne lord.
The principal tenures by which land was held through subinfeudation were knight
service, frankalmoign, and socage (the rendering of agricultural or other services of
a fixed nature, including the payment of money). All these tenures were free
tenures. Much land was, however, held by unfree tenure, known as *copyhold: its
tenant (a villein) was required to give any type of labour demanded of him.
The system of tenures did not continue as an active force for more than a few
centuries. The services to be performed were gradually commuted to money
payments (quit rents), tenures were virtually reduced to socage and copyhold by the
Statute of Military Tenures (or Tenures Abolition Act) 1660,and copyhold was
converted into socage by the Law of Property Act 1922. However, the theory that the
subject cannot own the land itself remains at the roots of land law; what he can
own is an *estate in land, which entitles him to enjoy the land as much as if he did
own it.
fiction n. An assumption that something is true irrespective of whether it is really
true or not. In English legal history fictions were used by the courts during the
development of forms of court action. They enabled the courts to avoid cumbersome
procedures, to make remedies available when they would not be otherwise, and to
extend their jurisdiction. For example, the action of *trover was originally based on
the defendant's finding the claimant's goods and taking them for himself. In time, it
became unnecessary to prove the "finding": a remedy was granted on the basis only
of proving that the goods were the claimant's and that the defendant had taken
them.
fiduciary [from Latin: fiducia, trust] 1. n. A person, such as a trustee, who holds a
position of trust or confidence with respect to someone else and who is therefore
obliged to act solely for that person's benefit. 2. adj. In a position of trust or
confidence. Fiduciary relationships include those between trustees and their
beneficiaries, company promoters and directors and their shareholders, solicitors and
their clients, and guardians and their wards.
fieri facias (fi. fa.) [Latin: you should cause to be done] A writ of execution to
enforce the payment of a debt when judgment has been entered against the debtor.
The writ can also be used to enforce a judgment for payment of damages. The writ
is addressed to the *sheriff requiring him to seize the property of the debtor in
order to pay the debt, interest, and costs.
fieri feci [Latin: I have caused to be done] The report of the *sheriff or other
appropriate officer saying how much he has recovered by levying execution under a
writ of *fieri facias.
fi. fa. See FIERI FACIAS.
final act A document containing a formal summary of the proceedings of an
international conference. The signature appended to the final act is not regarded as
binding on the signatory state with regard to the treaties it refers to. For the
document to be binding, a separate signature is required followed by *ratification.
In rare circumstances, the final act can constitute a *treaty.
final judgment The *judgment in civil proceedings that ends the action, usually
the judgment of the court at trial. Appeal against a final judgment may be made
without leave of the court. Compare INTERIM JUDGMENT.
final process A *writ of execution on a judgment or decree.
Finance Bill A parliamentary Bill dealing with taxation matters, usually
introduced each year to enact the Budget proposals.
financial assistance (in company law) A loan, guarantee, security, indemnity, or
gift by a registered company or any of its subsidiaries made for the purpose of
assisting someone to acquire its shares. Under the Companies Act 1985, this is
unlawful unless it can be shown that the company's principal purpose for giving
the assistance was not to finance the acquisition of its shares or that the assistance
was an incidental part of another, larger, purpose of the company. A *private
company may make such transactions, however, if the directors make a declaration,
supported by the company's auditors, to the effect that the company is able to pay
all its debts for at least one year following the assistance being given. In addition,
the Companies Act 1985lays down a strict timetable for providing the assistance,
which must be complied with by the private company.
financial provision order An order for periodical payments or a lump sum
made for the purpose of adjusting the financial position of the parties to a marriage
and any children of the family. Such orders may be made on or after the granting
of a decree of divorce, nullity, or judicial separation or when one party to the
marriage has failed to provide, or to make a proper contribution towards, reasonable
maintenance for the other or a child of the family. On divorce, judicial separation,
or nullity, the court also has the power to make *property adjustment orders. In
determining whether to make financial provision orders, the court has a very wide
discretion under section 25 of the Matrimonial Causes Act 1973.It has an overriding
duty to give first consideration to the welfare of any child under the age of 18 years
and to try to achieve a *clean break wherever possible. The Act lists seven matters
that the court must take into account as part of the circumstances it is to consider.
These include: the financial resources and needs each of the parties has or is likely
to have in the foreseeable future; the age of the parties and the length of the
marriage; the standard of living enjoyed by the family before the breakdown of the
marriage; the contributions that each of the parties has made to the welfare of the
family, which include looking after the home or caring for the family; and the
conduct of the parties, but only where it would be very unjust to ignore such
conduct. A recent landmark case in this area made it clear that the implicit
objective of section 25 is to achieve a fair outcome and that there should be no
discrimination between husbands and wives and their respective roles (i.e. if one
spouse stays at home while the other goes out to work, this fact is immaterial). A
starting point should be that assets are equally divided, unless there is a good reason
for not doing so. See also MAINTENANCE PENDING SUIT; PROPERTY ADJUSTMENT ORDER.
financial relief Any or all of the following: *maintenance pending suit orders,
*financial provision orders, *property adjustment orders, and court orders for
maintenance during the marriage and for the maintenance of children (see CHILD
SUPPORT MAINTENANCE). The court has powers to set aside transactions made by a
husband or wife with the intention of preventing a spouse from making a claim for
financial relief, or to prevent such a transaction from taking place (see AVOIDANCE OF
DISPOSITION ORDER). Financial relief provisions for children, other than in matrimonial
proceedings, are consolidated in the Children Act 1989;for example, it is possible for
unmarried parents and those in whose favour a residence order is made to obtain
financial relief. In addition, children over the age of 18 have an independent right to
seek financial relief from their parents.
financial year For statutes referring to finance, the period fixed by a statute of
1854 as the 12 calendar months ending on 31 March. Annual public accounts are
made up for this period. For income-tax purposes, the year runs to 5 April.
Companies and other bodies are free to choose their own financial years for
accounting purposes. See also TAX YEAR.
fine n. 1. A sum of money that an offender is ordered to pay on conviction. Most
*summary offences are punishable by a fine with a fixed maximum, in accordance
with a standard scale of five levels. These are currently (2001) as follows: level 1
.200; level 2 - .500; level 3 - .1000; level 4 - .2500; level 5 - .5000.Under the
Criminal Justice Act 1991, before fixing a fine, a court must enquire into the
financial circumstances of the offender and the amount of the fine fixed by the
court should, in addition, reflect the seriousness of the offence. Sometimes provision
is made for imprisonment in cases of failure to pay the fine. A fine may also be
imposed instead of, or in addition to, any other punishment for someone convicted
on indictment (except in cases of murder). This fine is at large, i.e. the amount is at
the discretion of the judge. Fines are often imposed upon companies for breach of
statutory obligations; although the sums may be relatively small, companies will try
to avoid being fined because of the bad publicity this may cause.
When imposing a fine on an offender under the age of 16 (see JUVENILE OFFENDER),
the court is not normally empowered to order the offender to pay the fine himself
unless his parent or guardian cannot be found or it would be unreasonable in the
circumstances to expect his parent or guardian to pay it. Otherwise the offender
pays unless payment by the parent or guardian is more appropriate.
2. A lump-sum payment by a tenant to a landlord for the grant or renewal of a
lease. See also PREMIUM.
firearm n. For the purposes of the Firearms Act 1968,any potentially lethal weapon
with a barrel that can fire a shot, bullet, or other missile or any weapon classified as
a *prohibited weapon (even if it is not lethal). The Act creates various offences in
relation to firearms. The main offences include: (1) buying or possessing a firearm
without a licence; (2) buying or hiring a firearm under the age of 17 or selling a
firearm to someone under 17 (similar offences exist under the Crossbows Act 1987 in
relation to crossbows); (3) possessing a firearm under the age of 14; (4) supplying
firearms to someone who is drunk or insane; (5)carrying a firearm and suitable
ammunition in a public place without a reasonable excuse; (6) trespassing with a
firearm; (7)possessing a firearm with the intention of endangering life; (8)using a
firearm with the intention of resisting or preventing a lawful arrest; (9) having a
firearm with the intention of committing an indictable offence; (10) possessing a
firearm or ammunition after having previously been convicted of a crime; and (11)
having a firearm in one's possession at the time of committing or being arrested for
such offences as rape, burglary, robbery, and certain other offences. The Firearms
Act 1982 extends the provisions of the 1968 Act to imitation firearms that can be
easily converted to firearms and a 1988 Act strengthened controls over some of the
more dangerous types of firearms, shotguns, and ammunition.
The Firearms (Amendment) Act 1997bans all handguns above .22 calibre. The
public may own and use less powerful pistols in secure gun clubs. The pistols may
not be removed from the clubs without prior permission of the police. The Act also
provided for the establishment of licensed gun clubs, tightened police licensing
procedures, and introduced stronger police powers to suspend or revoke certificates.
Anyone who uses a handgun must have a licence. The police have powers to revoke
certificates when good reasons for possessing the gun no longer exist. Illegal
possession of a prohibited weapon carries a maximum sentence of 10 years'
imprisonment. The government proposes to extend the ban to include all privately
owned handguns; legislation is expected to be in force by the end of 1997.
Under the Theft Act 1968 someone who has with him a firearm or imitation
firearm while committing *burglary is guilty of aggravated burglary. For the
purposes of this Act, a firearm may include an airgun, air pistol, or anything that
looks like a firearm. See also OFFENSIVE WEAPON; REPEAT OFFENDER.
fire damage An occupier of land or buildings is not liable for a fire that begins
there accidentally (Fires Prevention (Metropolis) Act 1774). Liability is imposed if the
fire is caused by negligence, nuisance, or a non-natural user of the land or if the
fire, having started accidentally, is negligently allowed to spread.
first offender A person with no previous conviction by a criminal court. A court
of summary jurisdiction (see MAGISTRATES' COURT) is not empowered to send a person
to prison for a first offence, unless it is satisfied that there is no other appropriate
method of dealing with that person. See also SENTENCE.
fiscal year See TAX YEAR.
fishery n. See PISCARY.
fishery limits The area of sea over which a state claims exclusive fishing rights,
except as agreed in treaties with other states. British fishery limits extend to 200
nautical miles from the baselines used for measuring the *territorial waters. Fishery
limits may be limited or restricted by bilateral or multilateral fishing treaties or
agreements, such as the EU's *Common Fisheries Policy. The UK Merchant Shipping
Act 1988 preventing "quota hopping" (see QUOTA) in British waters by non-UK EU
vessels, such as Spanish and Dutch vessels, was held unlawful by the European Court
of Justice in 1996.See alsoEXCLUSIVE ECONOMIC ZONE.
fit for habitation A statutory implied covenant applied to certain tenancies at a
very low rent. Premises are regarded as not reasonably fit for habitation if they are
defective in one or more of the following: repair, stability, freedom from damp,
natural lighting, ventilation, water supply, drainage and sanitary conveniences,
facilities for cooking and for storage and preparation of food, and disposal of waste
water. These provisions are currently under review. A landlord normally has no
obligation to see that premises are fit for habitation when the statutory provisions
do not apply. There is an implied term that furnished tenancies are fit for
habitation at the commencement of the tenancy.
fitness for purpose A standard that must be met by one who sells goods in the
course of a business. When the buyer makes known to the seller any particular
purpose for which the goods are being bought, there is an implied condition that
the goods are reasonably fit for that purpose, except when the circumstances show
that the buyer does not rely (or that it is unreasonable for him to rely) on the skill
or judgment of the seller.
fixed charge See CHARGE.
fixed-date summons Formerly, a summons in the county courts used to initiate
actions in which a claim was made for any relief other than the payment of money.
Such a claim is now made by means of a *claim form.
fixed penalty notice A notice given to a person who has committed a traffic
offence entitling that person to discharge any liability to conviction by payment of
a prescribed amount of money in accordance with the Road Traffic Offenders Act
1988.
fixed-sum credit Any facility (other than *running-account credit) under a
*personal-credit agreement by which the debtor is entitled to receive credit, either
in one amount or by instalments.
fixed term A tenancy or lease for a fixed period. The date of commencement and
the length of a lease must be agreed before there can be a legally binding lease. It
may take effect from the date of the grant, an earlier date, or a date up to 21 years
ahead. At the end of the fixed term, the lease or tenancy comes to an end
automatically: there is no need for a notice to quit. However, if the tenancy is an
*assured tenancy, it will continue at the end of the term as a *statutory periodic
tenancy unless it is brought to an end by *surrender of tenancy or a court order. See
also HALF A YEAR; LONG TENANCY.
fixture n. A chattel that has been annexed to land or a building so as to become a
part of it, in accordance with the maxim quicquid plantatur solo, solo cedit
(whatever is annexed to the soil is given to the soil). Annexation normally involves
actual affixation, but a thing resting on its own weight can be regarded as annexed
if it can be shown that it was intended to become part of the land or to benefit it.
Fixtures become the property of the freeholder, subject to certain rights of removal
(as,for example, in the case of *trade fixtures and certain agricultural fixtures). A
vendor of land may retain the right to fixtures as against the purchaser by express
provision in the contract.
flag of convenience The national flag of a state flown by a ship that is
registered in that state but is owned by a national of another state. A state whose
law allows this practice can grant, in return for financial considerations, nationality
and the right to fly its national flag to virtually any ship without stipulating any
requirements, such as those relating to the safety of the ship and crew, the
nationality of the vessel's owner, or the country of construction. Before a state is
justified in extending its nationality to a ship, or permitting a ship to fly its flag, it
seems that there must be some effective link connecting the ship with the state.
Hence a flag of convenience may only be validly granted when a genuine link exists,
though what constitutes such a link remains unclear. See alsoFLAG STATE JURISDICTION.
flagrante delicto [Latin] In the commission of an offence. Certain types of *arrest
can only be made when a person is in the act of committing an offence (see
ARRESTABLE OFFENCE). The phrase is most commonly applied to the situation in which
a person finds his or her spouse in the act of committing adultery. Someone who
kills his or her spouse in this situation may have a defence of *provocation.
flag state jurisdiction The rule whereby, exceptions applying, a ship on the
*high seas is subject only to the jurisdiction of the flag state, i.e. that state
permitting it the right to sail under its flag (see FLAG OF CONVENIENCE).
floating charge See CHARGE.
flotation n. A process by which a public company can, by an issue of securities
(shares or debentures), raise capital from the public. It may involve a prospectus
issue, in which the company itself issues a *prospectus inviting the public to
acquire securities; an offer for sale, in which the company sells the securities on
offer to an issuing house,which then issues a prospectus inviting the public to
purchase the securities from it; or a placing, whereby an issuing house arranges for
the securities to be taken up by its own or another's clients in the expectation that
they will ultimately become available to the public on the open market. See also
RIGHTS ISSUE; TENDER OFFER; UNDERWRITER.
f.o.b. contract (free on board contract) A type of contract for the international
sale of goods in which the seller's duty is fulfilled by placing the goods on board a
ship. There are different types of f.o.b. contract: the buyer may arrange the shipping
space and the procurement of a bill of lading and nominate the ship to the seller; he
may nominate a general ship and leave it to the seller to place the goods on board
and to procure a bill of lading; or the seller may be asked to make all the shipping
arrangements for which the buyer will pay. The risk of accidental loss or damage
normally passes to the buyer when the goods are loaded onto the ship. Insurance
during the sea transit is the responsibility of the buyer. f.o.b. is a defined *incoterm
in Incoterm 2000.
following trust property See TRACING TRUST PROPERTY.
football hooliganism The Sporting Events (Control of Alcohol etc.) Act 1985
contains finable offences of possessing alcohol, being drunk, or causing or
permitting the carriage of alcohol on trains and vehicles capable of carrying nine or
more passengers; the vehicle must be carrying two or more passengers to or from a
"designated sporting event" (mainly Footballl.eague club and international fixtures),
and normal scheduled coach or train services are excluded. A constable who
reasonably suspects that a relevant offence is being or has been committed may stop
the vehicle or train and search it or the suspected offender. It is also an offence to
be drunk or to possess alcohol or (unless lawful authority is proved) fireworks and
similar objects (but not matches or lighters) in the viewing area within two hours
before, during, or one hour after the event, or while trying to enter. Under the
Public Order Act 1986,persons convicted of the above alcohol-related offences, or
offences committed at the football ground, can be excluded by the courts from
football matches. Admission to a designated football match is controlled under the
Football Spectators Act 1989and is subject to the control of disorderly behaviour
there under the Football (Offences) Act 1991. Under the Football Spectators Act 1989,
a banning order may be made to prohibit an offender from attending a football
match in England and Wales. Such an order may also require that the offender
surrender his passport to prevent him travelling to a football match abroad. See also
OFFENCES AGAINST PUBLIC ORDER.
footpath n. Under the Highways Act 1980,any *highway (other than a *footway)
over which the public have a right of wayan foot only.
footway n. Under the Highways Act 1980, any way over which the public have a
right of wayan foot only and which is part of a highway that also comprises a way
for the passage of vehicles. Compare FOOTPATH.
forbearance n. A deliberate failure to exercise a legal right (e.g. to sue for a debt).
A forbearance to sue at a debtor's request may be *consideration for some fresh
promise by the debtor. A promise not to enforce a claim that is bad in law may still
be consideration if the claim is believed to be valid. A requested forbearance, even if
it is not binding, may have more limited effects either at common law or in equity
(e.g. in certain circumstances it may not be revoked without reasonable notice).
force majeure [French) Irresistible compulsion or coercion. The phrase is used
particularly in commercial contracts to describe events possibly affecting the
contract and that are completely outside the parties' control. Such events are
normally listed in full to ensure their enforceability; they may include *acts of God,
fires, failure of suppliers or subcontractors to supply the supplier under the
agreement, and strikes and other labour disputes that interfere with the supplier's
performance of an agreement. An express clause would normally excuse both delay
and a total failure to perform the agreement.
forcible entry A common-law offence (as amended by various statutes) that
applied under certain circumstances when force was used to gain entry to premises.
The common-law offence has been replaced by a statutory *arrestable offence of
using or threatening violence against people or property in order to secure entry
into premises (Criminall.aw Act 1977). The offence only applies if there is someone
present on the premises who is opposed to the entry and the offender knows of this.
The fact that the offender is the legal owner or occupier of the premises is not in
itself a defence. However, there is a special defence if the offender can prove that he
was at the relevant time a displaced *residential occupier or protected intending
occupier who requires the property for his residence and has a qualifying freehold
or leasehold interest, tenancy, or licence and was seeking to gain entry or to pass
through premises that form an access to his own place of residential occupation.
These provisions do not apply to landlords seeking to regain possession and it is a
summary offence to make false statements when claiming to be a protected
occupier. It is not an offence, however, for a person unlawfully evicted from his
own home to use force to re-enter, subject to the common-law rule that the force
must not be excessive. The police may use force to enter with lawful authority. See
also ADVERSE OCCUPATION.
foreclose down See REDEEM UP, FORECLOSE DOWN.
foreclosure n. A remedy available to a mortgagee when the mortgagor has failed
to payoff a *mortgage by the contractual date for redemption. The mortgagee is
entitled to bring an action in the High Court, seeking an order fixing a date to pay
off the debt; if the mortgagor does not pay by that date he will be foreclosed, i.e. he
will lose the mortgaged property. If, after this order (a foreclosure order nisi) is
made, the mortgagor does not pay on the date and at the place (usually a room in
the Royal Courts of Justice) named, the foreclosure is made absolute and the
property thereafter belongs to the mortgagee. However, the court has discretion to
allow the mortgagor to reopen the foreclosure and thereby regain his property. The
remedy is unpopular: the mortgagee's *power of sale may be more useful; moreover,
if the mortgaged property is worth less than the loan, the mortgagee cannot sue for
the balance, a point that has recently re-acquired significance. See also REPOSSESSION.
foreign agreement An agreement or contract the proper law of which is the law
of some country other than England and Wales, Northern Ireland, or Scotland. See
FOREIGN LAW; PROPER LAW OF A CONTRACT.
foreign bill Any bill of exchange other than an *inland bill. The distinction is
relevant to the steps taken when the bill has been dishonoured (see DISHONOUR).
foreign company A company incorporated outside Great Britain but having a
place of business within Great Britain. Foreign companies are subject to provisions
of the Companies Acts relating to registration, accounts, name, etc. See OVERSEA
COMPANY.
foreign enlistment The offence under the Foreign Enlistment Act 1870 of
enlisting oneself or others (except with the licence of the Crown) for armed service
with a foreign state that is at war with a state with which the UK is at peace. A
foreign state for this purpose includes part of a province or persons exercising or
assuming powers of government. It is also an offence under the Act (again, except
with licence) to build or equip any ship for such service or to fit out any naval or
military expedition for use against a state with which the UKis at peace.
foreign judgments The *judgment of a foreign court may be enforced in
England provided that the foreign court was competent and that the judgment is
for a definite sum and is final and conclusive. At common law a foreign court is
regarded as competent if (1) the judgment debtor, being a defendant in the original
court, submitted to the jurisdiction of that court by voluntarily appearing in the
proceedings otherwise than for the purpose of either protecting or obtaining the
release of property seized (or threatened with seizure) in the proceedings or of
contesting the jurisdiction of that court; (2) the judgment debtor was claimant in or
counterclaimed in the proceedings in the original court; (3) the judgment debtor,
being a defendant in the original court, had agreed before the proceedings
commenced to submit to the jurisdiction of that court or of the courts of that
country; or (4) the judgment debtor, being a defendant in the original court, was
resident in the country of that court when the proceedings were instituted (or, in
the case of a corporation, had its principal place of business in that country).
In addition to the common-law rule, foreign judgments may be registered for
enforcement by the English courts under a number of statutory powers, notably
those contained in the Foreign Judgments (Reciprocal Enforcement) Act 1933 and the
Civil Jurisdiction and Judgments Act 1982,which derive from such international
conventions as the *Brussels Convention and the Lugano Convention.
foreign law For the purposes of *private international law, any legal system
other than that of England. A foreign legal system may be the system of a foreign
state (one recognized by public *internationallaw) or of a law district. Thus the law
of Scotland, Northern Ireland, the Channel Islands, and Isle of Man and the law of
each of the American or Australian states or Canadian provinces is a separate
foreign law. When an element of foreign law arises in an English court, it is usually
treated as a question of fact, which must be proved (usually by expert evidence) in
each case. The English courts retain an overriding power to refuse to enforce (or
even to recognize) provisions of foreign law that are against English public policy,
foreign penal or revenue laws, or laws creating discriminatory disabilities or status.
See also COMMUNITY LAw.
foresight n. Awareness at the time of doing an act that a certain consequence may
result. In the case of some crimes (e.g. *wounding with intent) an *intention by the
accused to bring about a certain consequence must be proved before he can be
found guilty; foresight is not enough (see also ULTERIOR INTENT). However, conviction
for many crimes (including *wounding) requires only that the accused foresaw a
specified consequence as likely or possible. In all cases where foresight suffices for
liability, the court may not assume that the defendant had foresight merely because
the particular consequence that occurred was the natural and likely consequence of
his acts. See also RECKLESSNESS.
forfeiture n. Loss of property or a right as a consequence of an offence or of the
breach of an undertaking. There are three main situations in which the courts may
order forfeiture of property. (1) Property that is illegally possessed is subject to
forfeiture. (2)Any property relating to an offence under the Misuse of Drugs Act
1971or the Drug Trafficking Offences Act 1986 (see CONTROLLED DRUGS) may be
forfeited and either destroyed or dealt with as the court sees fit (this includes the
proceeds of the sale of drugs). (3)Property may be forfeited if it is legally possessed
but used (or intended to be used) to commit a crime (e.g.a getaway car) when the
owner has previously been convicted of an offence. Property confiscated under this
heading is held by the police for six months and then disposed of.
Most *leases provide for the landlord to terminate the lease when the tenant is in
breach of his covenants. The landlord must follow a particular procedure before
effecting forfeiture. From 24 January 1996 a freeholder cannot forfeit a lease for
nonpayment of a service charge unless the lessee accepts the charge or the
*leasehold valuation tribunal agrees. In the case of forfeiture for nonpayment of
rent, the landlord must make a formal demand for the rent unless the lease
exempts him from the need to do this. When other covenants have been breached,
the landlord must serve a statutory notice on the tenant specifying the breach,
requiring him to put it right where this is possible, and requiring compensation in
money if appropriate. If the tenant fails to comply with the notice the landlord may
proceed with forfeiture. This may be done through court proceedings for possession
or, more rarely, by *re-entry. A landlord loses his right of forfeiture if he treats the
lease as continuing when he is entitled to forfeit it. This is known as waiver of
forfeiture. See also CONFISCATION ORDER; RACIAL HATRED; RELIEF FROM FORFEITURE.
forgery n. The offence of making a "false instrument" in order that it may be
accepted as genuine, thereby causing harm to others. Under the Forgery and
Counterfeiting Act 1981, an "instrument" may be a document, a stamp issued by the
Post Office or the Inland Revenue, or any device (e.g.magnetic tape) in which
information is recorded or stored. An instrument is considered to be "false" if, for
example, it purports to have been made or altered (1) by or on the authority of
someone who did not in fact do so; (2) on a date or at a place when it was not; or (3)
by someone who is nonexistent. In addition to forgery itself, it is a criminal offence
under the Act to copy or use a false instrument, knowing or believing it to be false.
It is also an offence merely to have in one's possession or control anyone of certain
specified false instruments with the intention of passing them off as genuine. It is
also an offence to make or possess any material that is meant to be used to produce
any of the specified false instruments. These specified instruments include money
or postal orders, stamps, share certificates, passports, cheques, cheque cards and
credit cards, and copies of entries in a register of births, marriages, or deaths. All the
above offences are punishable on indictment by up to ten years' imprisonment and
upon summary trial to a *fine at level 5 on the standard scale and/or six months'
imprisonment.
The Act also deals with the offences of counterfeiting currency (notes or coin),
with or without the intention of passing it off as genuine; possessing counterfeit
currency; passing it off; making or possessing anything which can be used for
counterfeiting; and importing or exporting counterfeit currency. It is also an
offence to reproduce any British currency note (e.g. to photocopy a .5 note), even in
artwork, and, under certain circumstances, to make an imitation British coin. Some
of these offences are subject to the same penalties as forgery.
forum n. [from Latin: public place] The place or country in which a case is being
heard. If a case involving a foreign element is brought in the English courts, the
forum is England. See LEX FORI.
forum non conveniens [Latin: not in agreement with the judicial forum] A
doctrine that permits a court to decline to accept jurisdiction over a case, so that
the case may be tried in an alternative forum (i.e. a foreign court). Such decisions are
almost entirely at the court's discretion, except that the party seeking a forum non
conveniens decision must submit to the effective jurisdiction of the alternative court.
The stay will be granted by the court if it is satisfied that a foreign court having
competent jurisdiction is available and that the case may be tried more suitably for
the interests of all the parties and the ends of justice in that court. The factors that
courts generally consider in making this decision include the location of witnesses,
exhibits, and documents, the language of the witnesses and documents, the
citizenship of the claimants, and the law applicable to the dispute.
In general, the burden of proof rests on the defendant to persuade the court to
exercise its discretion to grant a stay, but if the court is satisfied that another court
is available, the burden will then shift to the claimant to show that there are special
circumstances requiring that the trial should nevertheless take place in the first
court.
forum prorogatum [Latin] Prorogated jurisdiction, which occurs when a power is
conferred - by the consent of the parties and following the initiation of proceedings
- upon the International Court of Justice, which otherwise would not have
adjudicated. Such consent can be indicated in an implied or informal way or by a
succession of acts.
forum rei [Latin: forum of the thing] The court of the country in which the
subject of a dispute is situated.
forum shopping The practice of choosing a country in which to bring a legal
case through the courts on the basis of which country's laws are the most
favourable. In some instances there is a choice of jurisdiction.
foster child A child who is cared for by someone other than its natural or
adopted parents or a person having parental responsibility (see FOST~R PAREN:). Local
authorities are obliged by law to supervise the welfare of foster children within
their area and to inspect and control the use of premises as foster homes. Foster
children do not include children who are looked after by relatives or guardians or
boarded out by a local authority or voluntary organization.
foster parent A person looking after a *foster child. Foster parents have no le~al
rights over the children they foster, who may be removed from their care by their
parents or legal guardian. They may, however, apply to have the child made a ~ard
of court or apply for a residence order (see SECTION 8 ORDERS) when a child has lived
with them for three years (or within that period if the local authority gives its
consent), which will invest them with parental responsibility. If the child has been
living with them for at least 12 months they may apply to adopt him.
four-day order A supplemental order of a civil court fixing the time for the
performance of an act in cases in which no time has been fixed by the principal
order. In the Chancery Division this is known as a four-day order although four days
is not invariably the time fixed.
four unities See JOINT TENANCY.
franchise n. 1. (in constitutional law) A special right conferred by the Crown on a
subject. Also known as a liberty, it is exemplified by the right to hold a market or
fair or to run a ferry. 2. (in constitutional law) The right to vote at an election. To
qualify to vote at a parliamentary or local-government election, a person must be a
*commonwealth citizen or a citizen of the Republic of Ireland, must be aged 18 or
over, must be shown on the register of electors governing the election (see ELECTOR)
as resident on the qualifying date in the parliamentary constituency or local
government area concerned, and must not be subject to any legal incapacity to vote.
Those incapacitated are peers and peeresses in their own right (for parliamentary
elections only, and not including peers of Ireland), persons serving sentences of
imprisonment, persons convicted during the preceding five years of certain offences
relating to elections or to the bribery of public officials, and persons who are
incapable of understanding the nature of their acts. 3. (in commercial law) A licence
given to a manufacturer, distributor, trader, etc., to enable them to manufacture or
sell a named product or service in a particular area for a stated period. The holder of
the licence (franchisee) usually pays the grantor of the licence (franchisor) a royalty
on sales, often with a lump sum as an advance against royalties. The franchisor may
also supply the franchisee with a brand identity as well as finance and technical
expertise. Franchises are common in the fast -food business, petrol stations, travel
agents, etc. A franchise contract in the ED must comply with regulation 4087/88,
which sets out which provisions are permitted and which are banned under ED
*competition law.
franked income Formerly, income that a person or a company received on which
*advance corporation tax had been paid. In the case of an individual the tax paid
was imputed (see IMPUTATION SYSTEM) to the basic income-tax liability of the recipient.
In the case of a company, it was imputed to its own liability to corporation tax.
fraud n. A false representation by means of a statement or conduct made
knowingly or recklessly in order to gain a material advantage. If the fraud results in
injury to the deceived party, he may claim damages for the tort of *deceit. A
contract obtained by fraud is voidable on the grounds of fraudulent
*misrepresentation. See also CONSTRUCTIVE FRAUD. In relation to crime, see CHEAT;
CONSPIRACY; CYBERCRIME; DEFRAUDING; DISHONESTY; FALSE PRETENCE; FORGERY.
fraud on a power An exercise of a *power of appointment that, although made
to an object within the class chosen by the donor, was made in circumstances that
render it void. Examples are when the appointor intended to obtain a benefit for
himself or another or when there was a deliberate intention to defeat the intentions
of the donor of the power.
fraud on the minority An improper exercise of voting power by the majority of
members of a company. It consists of a failure to cast votes for the benefit of the
company as a whole and makes a resolution voidable. Examples are the ratification
of an expropriation of company property by the directors (themselves the majority
shareholders) and alteration of the articles of association to allow the compulsory
purchase of members' shares when this is not in the company's interests. Actual or
threatened fraud on the minority may give rise to a *derivative action.
fraudulent conveyance A transfer of land made without valuable
*consideration and with the intent of defrauding a subsequent purchaser. An
example of fraudulent conveyance is when A, who has contracted to sell to B,
conveys the land to his associate C in order to escape the contract with B.Under the
Law of Property Act 1925,B is entitled to have the conveyance to C set aside by the
court.
fraudulent misrepresentation See MISREPRESENTATION.
fraudulent trading Carrying on business with the intention of defrauding
creditors or for any other fraudulent purpose, e.g. accepting advance payment for
goods with no intention of either supplying them or returning the money. Such
conduct is a criminal offence and the court may order those responsible to
contribute to the company's assets on a *winding-up. See alsoWRONGFUL TRADING.
freeboard n. Under the Merchant Shipping (Safety and Load Line Conventions) Act
1932, the vertical distance measured amidships from the upper edge of the deck line
to the upper edge of the load line mark.
freedom from encumbrance The freedom of property from the binding rights
of parties other than the owner. In contracts for the sale of goods, unless the seller
makes it clear that he is contracting to transfer only such title as he or a third
person may have, there is an implied *warranty that the goods are free from any
charge or encumbrance not disclosed or known to the buyer before the contract was
made.
freedom of association A right set out in Article 11 of the European
Convention on Human Rights and now part of UKlaw as a consequence of the
*Human Rights Act 1998.This right protects freedom of peaceful assembly,
including the right to form and join trade unions and similar bodies. It is a
*qualified right; as such, the public interest can be used to justify an interference
with it providing that this is prescribed by law, designed for a legitimate purpose,
and proportionate. The right of those in the armed forces, the police, and the
administration of the state is protected only to the extent that any interference
with this right must be prescribed by law.
freedom of expression A right set out in Article 10 of the European Convention
on Human Rights and now part of UK law as a consequence of the *Human Rights
Act 1998."Freedom of expression constitutes one of the essential foundations of a
democratic society, one of the basic conditions for its progress and for the
development of every man...it is applicable not only to 'information' or 'ideas' that
are favourably received or regarded as inoffensive or as a matter of indifference,
but also to those that offend, shock or disturb...such are the demands of that
pluralism, tolerance and broadmindedness without which there is no 'democratic
society'." Convention jurisprudence gives different weight to different kinds of
expression. The most important expression - political speech - therefore is likely to
be protected to a much greater extent than the least important - commercial
speech.
Freedom of expression is a *qualified right; as such, the public interest can be
used to justify an interference with it providing that this is prescribed by law,
designed for a legitimate purpose, and proportionate.
freedom of testation A person's right to provide in his will for the distribution
of his estate in whatever manner he wishes. The principle is restricted by the
powers of the court to set aside a will made by a person of unsound mind (see
TESTAMENTARY CAPACITY) and to award *reasonable financial provision from an estate
to certain relatives and dependants of the deceased under the Inheritance (Provision
for Family and Dependants) Act 1975.
freedom of thought. conscience. and religion A right set out in Article 9 of
the European Convention on Human Rights and now part of UKlaw as a
consequence of the *Human Rights Act 1998. While freedom of thought itself is an
*absolute right, and as such not subject to public-interest limitations, the right to
manifest one's beliefs or religion is a *qualified right; therefore the public interest
can be used to justify an interference providing that this is prescribed by law,
designed for a legitimate purpose, and proportionate.
free elections A right set out in Article 3 of the First Protocol to the European
Convention on Human Rights and now part of UK law as a consequence of the
*Human Rights Act 1998.The state has a duty to hold free elections at reasonable
intervals by secret ballot, under conditions that will ensure the free expression of
the opinion of the people in the choice of the legislature. This duty does not apply
to local elections (local authorities are not the legislature but the European
Parliament is), and there is no duty to use any particular system of voting
(proportional representation or first past the post).
free from average See AVERAGE.
freehold n. The most complete form of ownership of land: a legal estate held in
*fee simple absolute in possession.
freeing for adoption Giving consent in general terms to the *adoption of one's
child, as opposed to consenting to an adoption by particular prospective adopters.
The procedure is used by an *adoption agency in cases in which the parents freely
agree that the child may be adopted, or their consent is dispensed with by the court
on one of the statutory grounds. Once an order is made, the parental rights and
duties are transferred to the adoption agency, who may then proceed to arrange for
the child's adoption without asking the parents' consent or notifying them who the
adopters are. Adoption law is currently under review: if recommendations are
adopted, freeing orders will be abolished.
free movement The movement of goods, persons, services, and capital within an
area without being impeded by legal restrictions. This is a basic principle of the
*European Community, whose treaty insists on the free movement of goods
(involving the elimination of customs duties and quantitative restrictions between
member states and the setting up of a *Common External Tariff) as well as the free
movement of services, capital, and persons (including workers and those wishing to
establish themselves in professions or to set up companies). See also EXHAUSTION OF
RIGHTS.
free on board See F.O.B. CONTRACT.
freezing injunction An injunction, now consolidated in statute, that enables the
court to freeze the assets of a defendant (whether resident within the jurisdiction of
the English court or not). This prevents the defendant from removing his assets
abroad and thus makes it worthwhile to sue such a defendant. The remedy is
draconian and has become very popular, both in the commercial world and outside
it; any person seeking the remedy, however, must himself disclose all material
information to the court. Before the introduction of the Civil Procedure Rules in
1999, freezing injunctions were known as Mareva injunctions, from the case Mareva
Campania NavieraS.A. v International Bulkcarriers SA (1975).
frei~ht n. 1. The profit derived by a shipowner or hirer from the use of the ship
by himself or by letting it to others, or for carrying goods for others. 2. The
amount payable under a contract (of affreightment) for the carriage of goods by sea.
frustration of contract The unforeseen termination of a contract as a result of
an event that either renders its performance impossible or illegal or prevents its
main purpose from being achieved. Frustration would, for example, occur if the
goods specified in a sale of goods contract were destroyed (impossibility of
performance); if the outbreak of a war caused one party to become an enemy alien
(illegality); or if X were to hire a room from Y with the object (known to Y) of
viewing a procession and the procession was cancelled (failure of main purpose).
Unless specific provision for the frustrating event is made, a frustrated contract is
automatically discharged and the position of the parties is, in most cases, governed
by the Law Reform (Frustrated Contracts) Act 1943.Money paid before the event can
be recovered and money due but not paid ceases to be payable. However, a party
who has obtained any valuable benefit under the contract must pay a reasonable
sum for it. The Act does not apply to certain contracts for the sale of goods,
contracts for the carriage of goods by sea, or contracts of insurance.
fugitive offender A person present in the UKwho is accused of committing an
offence in a Commonwealth country or a dependent territory of the UKand is liable
to be surrendered for trial under the Fugitive Offenders Act 1967.The requirements
for surrender are similar to those for *extradition to a foreign state, except that no
treaty is involved.
full age See MAJORITY.
full powers A document produced by the competent authorities of a state
designating a person (or body of persons) to represent the state for negotiating,
adopting, or authenticating the text of a *treaty, for expressing the consent of the
state to be bound by a treaty, or for accomplishing any other act with respect to a
treaty. See also SIGNATURE OF TREATY.
full representation See COMMUNITY LEGAL SERVICE.
fully mutual housing association A housing association whose rules restrict
membership to people who are tenants or prospective tenants of the association and
prevent the granting or assigning of tenancies to those who are not members. Fully
mutual housing associations are exempt from the *assured tenancy provisions.
fundamental breach See BREACH OF CONTRACT; INNOMINATE TERMS.
funeral expenses The reasonable cost of a deceased person's burial, which is the
first priority for payment from his estate.
furnished tenancy See ASSURED TENANCY; PROTECTED TENANCY.
future goods Goods to be manufactured or acquired by a seller after a contract
of sale has been made. Future goods must be distinguished as the subject of a
contract of sale from existing goods, which are owned or possessed by a seller.
future interest Any right to property that does not take effect immediately. An
example is B's interest in property held in trust for A for life and then for B.Under
the Law of Property Act 1925future interests in land (with the exception of *future
leases) can exist as equitable interests only and not as legal estates.
future lease A lease that confers on the tenant the right to possession of land
only from a specified future time. A lease, or contract to grant a lease, that is made
in consideration of a capital payment or a rent and will take effect more than 21
years after its commencement is void under the Law of Property Act 1925. Subject to
this, a future lease can qualify as a legal estate in land
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