U

uberrimae fidei [l.atin: of the utmost good faith] Describing a class of contracts in
which one party has a preliminary duty to disclose material facts relevant to the
subject matter to the other party. *Nondisclosure makes the contract voidable (see
VOIDABLE CONTRACT). Examples of this class are *insurance contracts, in which
knowledge of many material facts is confined to the party seeking insurance.

UBR Uniform Business Rate. See RATES.

ulterior intent An element of the *mens rea for certain crimes that requires an
intention to bring about a consequence beyond the criminal act (see ACTUS REUS)
itself. Crimes of ulterior consent include burglary with intent (see BURGLARY) and
*wounding with intent. In the former, the ulterior intent is the intention to
commit one of four crimes (theft, causing grievous bodily harm, rape, or causing
criminal damage) having entered the building as a trespasser (the actus reus).
ultra vires [Latin: beyond the powers] Describing an act by a public authority,
company, or other body that goes beyond the limits of the powers conferred on it.
Ultra vires acts are invalid (compare INTRA VlRES). The ultra vires doctrine applies to all
powers, whether created by statute or by a private document or agreement (such as
a trust deed or contract of agency). In the field of public (especially administrative)
law it governs the validity of all *delegated and *subdelegated legislation. This is
ultra vires not only if it contains provisions not authorized by the enabling power
but also if it does not comply with any procedural requirements regulating the
exercise of the power. Subdelegated legislation that is within the terms of the
delegated legislation authorizing it may still be invalid if the power to make that
legislation did not include the power to subdelegate (see DELEGATUS NON POTEST
DELEGARE). The individual can normally establish the invalidity of delegated or
subdelegated legislation by raising the point as a defence in proceedings against him
for contravening it. The doctrine also governs the validity of decisions made by
inferior courts or administrative or domestic tribunals and the validity of the
exercise of any *administrative power. The decision of a court or tribunal is ultra
vires if it exceeds jurisdiction, contravenes procedural requirements, or disregards
the rules of natural justice (the power conferring jurisdiction being construed as
requiring the observance of these). The exercise of an administrative power is ultra
vires not only if unauthorized in substance, but equally if (for example) it is
procedurally irregular, improperly motivated, or in breach of the rules of natural
justice. The remedies available for this second aspect of the doctrine are *quashing
orders, *prohibition orders, *declaration, and *injunction (the first two of these are
public remedies, not available against decisions of domestic tribunals whose
jurisdiction is based solely on contract).
Acts by a registered company are ultra vires if they exceed the objects clause of
the *memorandum of association. A company member can restrain such acts prior
to performance; thereafter they are treated as valid (though they may be a breach of
directors' duties). Section 35 of the Companies Act 1985(as amended in 1989) made it
much harder to challenge ultra vires acts of a company.

umpire n. See ARBIrRATION.

unascertained goods Goods that are not specifically identified at the time a
contract of sale is made. For example, in a contract for the sale of 1000 tonnes of
soya bean meal, the seller may deliver any 1000 tonnes that answer the contract
description. When the correct quantity has been set aside for delivery to the buyer,
the goods are described as ascertained. Ownership does not pass to the buyer until
the goods have been ascertained. Compare SPECIFIC GOODS.

unauthorized camping The summary offence of camping in vehicles on land
without the consent of the occupier, or on land forming part of a highway, or on
any other unoccupied land and failing to comply with a direction to leave by the
local authority. It is also an offence to re-enter the land within three months. The
local authority may direct the removal of vehicles or any other property; it may also
apply to a magistrates' court for an order authorizing removal. A vehicle does not
have to be fit for use on the roads and includes any body or chassis, with or without
wheels, and any caravan. Both the offences are punishable by a *fine on level 3.
Defences of illness, mechanical breakdown, or immediate emergency may be
available. l.ocal authorities may establish caravan sites for *gipsies but are no longer
under a duty to do so. See also TRESPASS.

unchastity n. See IMPUTATION OF UNCHASTITY.
UNCID Uniform Rules of Conduct for Interchange of Trade Data by
Teletransmission: a set of rules for *electronic data interchange that were drawn up
by the International Chamber of Commerce in 1988.These rules can be incorporated.
into contracts if the parties wish to do so.

uncollected goods See DISPOSAL OF UNCOLLECTED GOODS.

unconditional surrender See CAPITULATION.

unconscionable bargain See CATCHING BARGAIN.

undefended cause 1. A court action in which the defendant: (1) fails to
acknowledge service of the claim form; (2)fails to enter a defence; or (3) fails to
appear, or be represented, at the hearing of the case despite the fact that he has
received notice of it. If the defendant fails to defend the action, the claimant may
obtain early judgment against him by filing with the court a request for judgment.
In cases where the defendant has failed to file either an acknowledgment of service
or a defence within the 14 days permitted to do so from the date of service of the
claim form and the particulars of claim on the defendant, a request for judgment in
*default can be made. If an acknowledgment of service was filed but a defence was
not, judgment cannot be requested until the expiry of 28 days from the date of the
service of the particulars of claim. Given that there has been no investigation into
the merits of the case when a court enters judgment in default (it being a purely
administrative process), the courts have wide powers, at the request of the
defendant, to cancel any judgment entered in default (see SETTING ASIDE). 2. An
application for divorce, nullity, or separation not contested by the respondent. This
may be because: (1) the respondent declares he does not intend to contest the
divorce; (2)he gives notice of his intention to defend but fails to file an answer
within the time allowed; (3)he files no answer at all; or (4) the answer filed has been
struck out.

underlease n. See SUBLEASE.

undertaking n. 1. A promise, especially in legal proceedings, that creates an
obligation. A solicitor who breaks such a promise will be in breach of disciplinary
rules. 2. A business, such as a company, partnership, or sole trader. *Article 81 of the
Treaty of Rome applies to agreements between undertakings. EU case law has
established that some state bodies of a trading nature, as well as charities and trade
associations, may under certain circumstances be classed as undertakings.
underwriter n. 1. A member of an insurance company or a *L!oyd's syndicate who
decides whether or not to accept a particular risk for a specified premium. In
general, the public only deal with underwriters through a broker. 2. An individual,
finance company, or issuing house who undertakes for a commission to acquire a
specified number of shares in a company if those shares are not taken up by the
public during a *flotation.
In both cases the underwriter may relieve himself of part of his liability by
effecting similar arrangements with subunderwriters.
undischarged bankrupt A person who has been made bankrupt and who has
not yet received an order of discharge from the court. Such a person is disqualified
from holding certain offices, which include justice of the peace, councillor, and
Member of Parliament. He must not obtain credit for more than £250 without
informing the creditor that he is an undischarged bankrupt, and he must not carry
on a business without disclosing the name under which he was made bankrupt to
those who deal with him. See also BANKRUPTCY.

undisclosed principal See AGENT.

undivided shares The equitable interests in land owned by tenants in common.
Each co-owner has a specified (but not necessarily equal) share in the property,
which he may dispose of separately from the others. Such shares are held under a
*trust of land. See alsoTENANCY IN COMMON.

undue influence Influence that prevents someone from exercising an
independent judgment with respect to any transaction. A contract or gift procured
by the exercise of undue influence is liable to be set aside by the courts. The
exercise of undue influence must normally be proved affirmatively - it must be
shown that there is a dealing or transaction in which an unfair advantage has been
taken of another person. In the case of certain relationships (for example, between
parent and child, husband and wife, doctor and patient, solicitor and client) undue
influence is presumed to be exercised in the absence of evidence to the contrary,
and banks should advise spouses to seek independent legal advice before mortgaging
the family home at the behest of the other spouse for business loans.

unemployment benefit A former benefit paid under the Social Security Act
1975as amended by the Social Security Act 1986 to an unemployed person satisfying
certain conditions. From 7 October 1996 it was replaced by the *jobseeker's
allowance.

unenforceable contract A contract that, although valid, cannot be enforced by
action because it is neither evidenced in writing nor (when this is a permissible
alternative) supported by a sufficient act of *part performance. Two classes of
contracts are involved - guarantees, and contracts for the sale of land entered into
before 21 September 1989. By the Statute of Frauds 1677 (in the case of guarantees)
and the Law of Property Act 1925 (for land contracts), no contract of either class is
enforceable unless its existence and its terms are evidenced by some written note or
memorandum signed by the defendant or his agent. By the equitable doctrine of
part performance, a land contract entered into before 21 September 1989(but not a
guarantee) can be enforced if, alternatively, the claimant has carried out some act
that can be taken as evidencing the existence of the contract. Note that land
contracts entered into on or after 21 September 1989 will not even be valid unless
they are in writing; the requirement of writing is no longer merely an evidential
one.

unenforceable trust A trust that is valid but cannot be directly enforced by a
beneficiary. See PURPOSE TRUST.

unfair consumer practices See CONSUMER PROTECTION.

unfair contract terms Contractual terms relating to the exclusion or restriction
of a person's liability that, under the Unfair Contract Terms Act 1977 and Unfair
Terms in Consumer Contracts Regulations 1999, are either ineffective or effective
only so far as is reasonable. See EXCLUSION AND RESTRICTION OF NEGLIGENCE LIABILITY; EXEMPTION CLAUSE; INTERNATIONAL SUPPLY CONTRACT.

unfair dismissal The dismissal of an employee that an employment tribunal
finds is unfair. Under the Employment Rights Act 1996 employees have the right not
to be unfairly dismissed, provided they have served the required period of
*continuous employment and are not over 65 or the normal retirement age for an
employee in that particular job. However, employees dismissed for an *inadmissible
reason have this right whatever their age or length of service. An employee who
considers he has been unfairly dismissed can apply within three months after the
*effective date of termination of his employment contract to an employment
tribunal for *reinstatement, *re-engagement, or *compensation. The tribunal will
make an award unless the employer can show that the principal reason for the
dismissal was the employee's incapability, lack of qualifications, or conduct;
redundancy; the fact that it would be illegal to continue employing him; or some
other substantial reason. The tribunal must also decide that the employer acted
unreasonably in dismissing the employee.
The statutory protection does not apply to the following: (1) employees ordinarily
working outside Great Britain; (2)a person employed by his spouse; (3)members of
the police and armed forces; (4) the crews of fishing vessels in certain circumstances;
and (5) workers who, at the time of their dismissal, are taking industrial action that
has lasted more than eight weeks.

unfair prejudice Unfair conduct on the part of those entrusted to run and
control a company in respect of (usually minority) *company members. Any
member affected may apply to the court under the Companies Act 1985, and the
court is empowered under the Act to make such order as it thinks fit. Commonly,
the unfair conduct consists of actions having the effect of seriously diminishing the
value of the complainant's shareholding. In this instance the usual remedy sought is
for the purchase of the complainant's shares at a fair price. See also MINORITY
PROTECTION.

unfavourable witness An *adverse witness who is not *hostile towards the
party who called him to testify. An unfavourable witness may not be cross-examined
by that party.

unfitness or incompetence See IMPUTATION OF UNFITNESS OR INCOMPETENCE.
unfit to plead Describing an accused person who is under a disability (e.g.mental
incapacity) that would constitute a bar to his being tried. When the question of
fitness to plead arises (e.g.when the defendant is *standing mute by visitation of
God),a jury is empanelled to determine the question of the accused's fitness; if they
find him under disability the court must order that the accused be admitted to a
hospital specified by the Secretary of State. The court may postpone consideration of
the question of the accused's fitness to plead until the defence case is opened so that
(for example) the strength of the prosecution case may be tested. The procedure is
governed by the Criminal Procedure (Insanity) Act 1964.

Uniform Business Rate (UBR) See RATES.

unilateral contract A contract in which one party (the promisor) undertakes to
do or refrain from doing something if the other party (the promisee) does or
refrains from doing something, but the promisee does not undertake to do or
refrain from doing that thing. An example of a unilateral contract is one in which
the promisor offers a reward for the giving of information. Compare BILATERAL
CONTRACT.

unilateral discharge See ACCORD AND SATISFACTION.

unilateral mistake See MISTAKE.

unincorporated body An association that has no legal personality distinct from
those of its members (compare CORPORATION). Examples of unincorporated bodies are
*partnerships and *clubs.

union membership agreement See CLOSED-SHOP AGREEMENT.

unitary authority An all-purpose *local authority created under the Local
Government Act 1992 and subsequent legislation to replace the two-tier system of
local government by *county and *district councils. Unitary authorities were
established in Wales (and Scotland) in April 1996 and in certain nonmetropolitan
counties in England between 1996 and 1998; single-tier authorities also administer
*Greater London and the former metropolitan county areas (since 1986) and the Isle
of Wight (since 1995). See also LOCAL GOVERNMENT COMMISSION FOR ENGLAND.
United Nations (UN) An international organization, based in New York and
Geneva, set up by the United Nations Charter in 1945 to replace the League of
Nations. The main aims of the UN are: (1) to maintain international peace and
security and to bring about settlement of international disputes by peaceful means;
(2) to develop friendly relations among nations; and (3) to achieve international
cooperation in solving international problems of an economic or cultural nature and
in promoting respect for human rights. The Charter sets out certain fundamental
principles, which include the undertaking to refrain from using or threatening
force against the territory or political independence of any state.
The Charter established six principal organs, of which the most important are the
General Assembly, the Security Council, the Economic and Social Council, and the
*International Court of Justice. The General Assembly is the debating forum of
the UN, consisting of all the member states; it can pass resolutions, but these are not
legally binding upon member states. The Security Council has five permanent
members (China, France, Russia, the UK,and the USA), and ten temporary members
elected for two-year periods. Its resolutions are binding on member states, but each
permanent member has the right to veto a resolution. It is empowered, under
certain conditions, to make recommendations and take measures to maintain the
peace, including the establishment of peacekeeping military forces in sensitive areas.
The United Nations has lost credibility as an international legal organization
because it has often been divided upon issues on the basis of political (rather than
legal) factors or has passed resolutions of a political nature. Nevertheless it remains
important as the only world organization (almost all independent states are members of the UN)and as a forum for discussion and development of international
law.
In certain policy areas the United Nations operates through subsidiary organs; for
example, the United Nations High Commissioner for Refugees (UNHCR) and the
United Nations Children's Fund (UNICEF).

Uniting for Peace Resolution A resolution passed by the General Assembly (GA)
of the *United Nations in 1950in which the GAassumed the authority to determine
what constituted a threat to the peace, a breach of the peace, or an act of aggression.
In the event of any of these occurring, the GA resolved to invite member states to
take collective action, including the use of armed force. It is highly doubtful that
this attempt by the General Assembly to usurp the role of the Security Council has
any legal authority to allow it to act in this way. It has been seen more as a
declaration of the frustration of the nonaligned countries at the superpower
stalemate that previously existed in the Security Council.

unit trust A *trust enabling small investors to buy interests in a diversity of
companies and other investments. These investments are held by trustees
(responsible for holding the investments and collecting and distributing income),
who enter into a trust deed with the managers of the fund (who select, buy, and sell
the investments). The managers sell units to investors, who thus acquire an interest
in the fund proportionate to their investment. There is a service charge that
provides the remuneration of the managers. Unit trusts are subject to regulation
and supervision by the Department of Trade and Industry.

unity of personality Formerly, the common-law doctrine that husband and wife
were one person in the eyes of the law. This doctrine has now been almost entirely
abolished. However, the court still has jurisdiction to stay proceedings in tort
brought by one spouse against another if there will be no substantial benefit from
it; a husband and wife may not be convicted of criminal conspiracy together with
each other (unless a third person is involved); and there are certain limitations on
criminal proceedings in relation to theft of property belonging to one's spouse.
unity of seisin The ownership of two plots of land by the same person.
Easements and other rights over a *servient tenement for the benefit of a
*dominant tenement are extinguished if both tenements come into the same
ownership.

unjust enrichment See QUASI-CONTRACT.

unlawful assembly See VIOLENT DISORDER.

unlawful possession of drugs See CONTROLLED DRUGS.

unlawful sexual intercourse Sexual intercourse that occurs in any of the
*sexual offences involving intercourse, including intercourse with a girl under the
age of 16 or a mentally defective woman. In this context "unlawful" implies
extramarital intercourse.

unlawful trust See VOID TRUST.

unlawful wounding *Wounding or *wounding with intent that is not justified
by, for example, self-defence or by statutory powers given to the police to arrest
criminals.

unless order An order of the court instructing a party to comply with directions
specified in the order and also stating the consequences of noncompliance with the
order within a specified time. Any sanction for noncompliance attaching to such an
order must be proportionate to the request being ordered.

unlimited company A type of *registered company whose members have an
unlimited liability. Thus on winding-up, the company can make demands upon its
members until it has sufficient funds to meet the creditors' claims. The risk that
members of unlimited companies assume is balanced by certain advantages: an
unlimited company (unless it is a parent or subsidiary of a limited company) does
not have to deliver its *accounts to the Companies Registry and it has more freedom
to deal with its capital than a limited company. Unlimited companies may be
formed with an *authorized capital, thus enabling them to issue shares and raise
working capital, but members' liability is not limited to the nominal value of these
shares.

unliquidated damages See DAMAGES.

unnatural offence *Buggery. Other "unnatural" forms of intercourse, however,
are not included in the term.

unopposed proceedings Proceedings in which any person entitled to oppose
fails to take any step (or any further step) in the proceedings, having been given an
opportunity to do so. Unopposed proceedings often end in a judgment in *default
but may not do so in proceedings in which the remedy claimed can only be obtained
by some judicial determination, e.g. in *undefended causes in divorce proceedings.
unpaid seller A seller of goods who has not been paid in full for them or who has
received a cheque or other *negotiable instrument that has not been honoured.
Although ownership of the goods may have passed to the buyer, an unpaid seller has
certain rights against the goods themselves. Under the Sale of Goods Act 1979, these
rights are: (1) a possessory *lien (particular, not general); (2)a right of *stoppage in
transitu; and (3) a *right of resale.

unpaid vendor's lien An equitable right arising in favour of a vendor of land
against the purchaser (and those taking title through him as *volunteers) if the
vendor has given *possession of the land to the purchaser before receiving the
whole of the purchase price. This form of *Iien gives the vendor no right to
possession of the land but entitles him to seek a court order for the sale of the
property to ensure that he is paid the money owing by the purchaser.

unreasonable behaviour Behaviour of a respondent that may be evidence that a
marriage has broken down irretrievably, entitling the petitioner to a *divOfce. Such
conduct need not be unreasonable in itself - the real test is whether it is reasonable
to expect the petitioner to continue living with the respondent, taking into account
the behaviour of both parties and their particular personalities and characteristics.
The behaviour may be "positive" (for example, persistent drunkenness, violence, or
obsessive conduct) or "negative" (for example, neglect or indifference); a petition
may succeed even if the respondent is not responsible for the behaviour, due (for
example) to an illness.

unregistered company A *company that is incorporated otherwise than by
registration under the Companies Acts. Unregistered companies, which include
*statutory companies and *foreign companies, are subject to some provisions of the
Companies Act 1985.

unregistered land Land to which the title in question is not registered at HM
Land Registry. The majority of land has already become registered as the system of land registration now demands the compulsory registration of all land on transfer.
Compare REGISTERED LAND. See also REGISTRATION OF ENCUMBRANCES.

unsecured creditor A person who has lent money without obtaining any
security. Compare SECURED CREDITOR.

unsolicited goods Goods sent to someone (other than a trader) who has not asked
for them to be sent. It is not in itself an offence to send unsolicited goods (except
for matter describing human sexual techniques or advertisements for such matter),
but it is a criminal offence to demand payment for them. A person who receives
unsolicited goods is an involuntary bailee of them (see BAILMENT) and may not destroy
or damage them. If he disposes of them, he might be guilty of theft. Statute,
however, permits him to treat them as his own property after six months (or 30
days if he has asked the sender to take them back).

unsworn evidence Evidence given by a child under the age of 14 in a criminal
case in accordance with the provisions of the Youth Justice and Criminal Evidence
Act 1999. The child must be sufficiently intelligent to justify the reception of his
evidence and understand the duty of speaking the truth. Formerly, the child's
evidence had to be supported by some *corroboration, but this requirement has now
been abolished.

unsworn statement A statement made from the dock by an accused person
while not on oath. The evidentiary effect of such a statement was much disputed,
but the right to make one, which had been preserved when the accused was made a
competent witness by the Criminal Evidence Act 1898,was abolished by the Criminal
Justice Act 1982.

uplift n. The amount by which a solicitor is allowed to increase a claim for *costs
above the basic charge for the work involved. See also CONDITIONAL FEE AGREEMENT.
urine specimen See SPECIMEN OF URINE.

usage n. A long-established and well-known practice in a particular market or
trade. It may affect the interpretation of, and the nature of *implied terms in, a
contract made in that market or trade.

use n. [possibly from Latin: opus, benefit] Formerly, a right, recognized only in
Chancery, of a beneficiary (the cestui que use) against the legal owner of land. The
medieval common law recognized only legal rights, which were often restricted in
nature, but the Chancery protected those to whose use or benefit land was given,
although they were not the legal owners. If A held property to the use of B,A was
the legal owner (feoffee to uses) and Bwas the beneficiary (cestui que use). Uses gave
flexibility and helped the evasion of feudal incidents (the medieval equivalent of tax
liability). In 1535 the Statute of Uses executed the use, i.e, converted the rights of a
cestuique use to legal rights, but the statute proved ineffective (see USE UPON A USE); it
was repealed and uses were abolished in 1925.

use and occupation Possession and/or use of land by a person in unlawful
occupation of it. A person claiming to recover possession of the land by proceedings
in court can also claim a money sum to compensate him for the defendant's
unlawful use and occupation.

use classes See DEVELOPMENT.

use of force The use of offensive military action, whether amounting to war or
not, is prohibited under Article 2(4)of the United Nations Charter. The only
exceptions to this strict rule are as follows: (1) when the use of force is by way of an
*enforcement action (Article 39 within *Chapter VII of the UN Charter); (2)when
force is used for the purposes of *self-defence under Chapter VII (Article 51); and (3)
controversially, when a state uses force for the purposes of self-defence under
customary international law (arguably preserved by Article 51). Resort to force upon
any other basis is illegal under international law.

user n. The use or enjoyment of property.

use upon a use Formerly, a right recognized by the Chancery after the Statute of
Uses 1535(see USE). In a situation in which A held property to the use of (i.e. for the
benefit of) B,who held to the use of C, the Statute made B the legal owner but did
not affect the second use to C (the use upon a use), who remained entitled to the
benefit. The second use eventually developed into the *trust.

usual covenants The covenants that a good conveyancing practitioner would
insert in a *lease. When an *agreement for a lease does not specify the terms of the
lease, there is a term implied in the agreement that the lease will contain the usual
covenants. The following are generally accepted as usual: by the landlord, a covenant
for *quiet enjoyment; by the tenant, to pay rent, to pay tenants' rates and taxes, to
keep the premises in repair, and to allow the landlord to enter to see the state of
repair. There is also a condition for *re-entry for nonpayment of rent. Whether or
not any other covenant is usual is a matter of evidence.

uti possidetis [Latin: as you possess] A principle usually applied in international
law to the delineation of borders. When a colony gains independence, the colonial
boundaries are accepted as the boundaries of the newly independent state. This
practice, first adopted for the sake of expediency by the Spanish American colonies
when they declared independence, has since been employed elsewhere in the world
following the withdrawal of empire.
The principle of uti possidetis is also applied to the status of movable public
property of belligerent states. Unless a peace treaty provides to the contrary, each
party will retain such property as was in its possession on the day the hostilities
ceased.

utter Bar See OUTER BAR.