| slovo | definícia |
specific performance
(encz) | specific performance, n: |
Specific performance
(gcide) | specific \spe*cif"ic\ (sp[-e]*s[i^]f"[i^]k), a. [F.
sp['e]cifique, or NL. spesificus; L. species a particular
sort or kind + facere to make. Cf. specify.]
1. Of or pertaining to a species; characterizing or
constituting a species; possessing the peculiar property
or properties of a thing which constitute its species, and
distinguish it from other things; as, the specific form of
an animal or a plant; the specific qualities of a drug;
the specific distinction between virtue and vice.
[1913 Webster]
Specific difference is that primary attribute which
distinguishes each species from one another. --I.
Watts.
[1913 Webster]
2. Specifying; definite, or making definite; limited;
precise; discriminating; as, a specific statement.
[1913 Webster]
3. (Med.) Exerting a peculiar influence over any part of the
body; preventing or curing disease by a peculiar
adaptation, and not on general principles; as, quinine is
a specific medicine in cases of malaria.
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In fact, all medicines will be found specific in the
perfection of the science. --Coleridge.
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Specific character (Nat. Hist.), a characteristic or
characteristics distinguishing one species from every
other species of the same genus.
Specific disease (Med.)
(a) A disease which produces a determinate definite effect
upon the blood and tissues or upon some special
tissue.
(b) A disease which is itself uniformly produced by a
definite and peculiar poison or organism.
Specific duty. (Com.) See under Duty.
Specific gravity. (Physics) See under Gravity.
Specific heat (Physics), the quantity of heat required to
raise the temperature of a body one degree, taking as the
unit of measure the quantity required to raise the same
weight of water from zero to one degree; thus, the
specific heat of mercury is 0.033, that of water being
1.000.
Specific inductive capacity (Physics), the effect of a
dielectric body in producing static electric induction as
compared with that of some other body or bodies referred
to as a standard.
Specific legacy (Law), a bequest of a particular thing, as
of a particular animal or piece of furniture, specified
and distinguished from all others. --Wharton. --Burrill.
Specific name (Nat. Hist.), the name which, appended to the
name of the genus, constitutes the distinctive name of the
species; -- originally applied by Linnaeus to the
essential character of the species, or the essential
difference. The present specific name he at first called
the trivial name.
Specific performance (Law), the peformance of a contract or
agreement as decreed by a court of equity.
[1913 Webster] |
specific performance
(wn) | specific performance
n 1: the performance of a legal contract as specified by its
terms |
SPECIFIC PERFORMANCE
(bouvier) | SPECIFIC PERFORMANCE, remedies. The actual accomplishment of a contract by
the party bound to fulfill it.
2. Many contracts are entered into by parties to fulfill certain
things, and then the contracting parties neglect or refuse to fulfill their
engagements. In such cases the party grieved has generally a remedy at law,
and he may recover damages for the breach of the contract; but, in many
cases, the recovery of damages is an incompetent remedy, and the party seeks
to recover a specific performance of the agreement.
3. It is a general rule, that courts of equity will entertain
jurisdiction for a specific performance of agreements, whenever courts of
law can give but an inadequate remedy; and it is immaterial whether the
subject relate to real or personal estate. 1 Madd. Ch. Pr. 295; 2 Story on
Eq. Sec. 717; 1 Sim, & Stu. 607; 1 P. Wms. 570; 1 Sch. & Lef. 553; 1 Vern.
159.
4. But the rule is confined to cases where courts of law cannot give an
adequate remedy. 2 Story on Eq. Sec. 718; Eden on Inj. ch. 3, p. 27. Vide,
generally, 2 Story on Eq. ch. 18, Sec. 712 to 792; 1 Supp. to Ves. jr. 96,
148, 184, 211, 495; 2 Supp. to Ves. jr. 65, 164; Fonb. Eq. b. 1, c. 1, s. 5;
Sugd. Vend. 145.
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| | podobné slovo | definícia |
specific performance
(encz) | specific performance, n: |
specific performance
(wn) | specific performance
n 1: the performance of a legal contract as specified by its
terms |
SPECIFIC PERFORMANCE
(bouvier) | SPECIFIC PERFORMANCE, remedies. The actual accomplishment of a contract by
the party bound to fulfill it.
2. Many contracts are entered into by parties to fulfill certain
things, and then the contracting parties neglect or refuse to fulfill their
engagements. In such cases the party grieved has generally a remedy at law,
and he may recover damages for the breach of the contract; but, in many
cases, the recovery of damages is an incompetent remedy, and the party seeks
to recover a specific performance of the agreement.
3. It is a general rule, that courts of equity will entertain
jurisdiction for a specific performance of agreements, whenever courts of
law can give but an inadequate remedy; and it is immaterial whether the
subject relate to real or personal estate. 1 Madd. Ch. Pr. 295; 2 Story on
Eq. Sec. 717; 1 Sim, & Stu. 607; 1 P. Wms. 570; 1 Sch. & Lef. 553; 1 Vern.
159.
4. But the rule is confined to cases where courts of law cannot give an
adequate remedy. 2 Story on Eq. Sec. 718; Eden on Inj. ch. 3, p. 27. Vide,
generally, 2 Story on Eq. ch. 18, Sec. 712 to 792; 1 Supp. to Ves. jr. 96,
148, 184, 211, 495; 2 Supp. to Ves. jr. 65, 164; Fonb. Eq. b. 1, c. 1, s. 5;
Sugd. Vend. 145.
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