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Oxford Dictionary of Law

Bộ Từ Điển của Oxford chuyên ngành Luật
Oxford Dictionary of Law (Oxford Paperback Reference)
Preface
This dictionary has been written by a distinguished team of academic
and practising lawyers. It is intended primarily for those without a
qualification in law who nevertheless require some legallmowledge
in the course of theirwork: chartered surveyors and accountants, civil
servants and local-government officers, social workers and probation
officers, as well as businessmen and legal secretaries are typical
examples of those whose work often calls for a knowledge of the
precise meaning (and spelling) of a legal term.
Each article, therefore, begins with a clear definition of the entry
word (or words) and, in most cases, is followed by a more detailed
explanation or description of the concepts involved.
Written in concise English, without the unnecessary use of legal
jargon, the book will also be of considerable value to members ofthe
public who come into contact with the law and lawyers - house
buyers, motorists, and hire purchasers are among those who cannot
escape the effects of legislation or the unique prose style in which it
is usually expressed.
In the five years since the last edition of the dictionary was
published there have been radical changes in the English legal
system, most notably in the areas of civil procedure (resulting from
the Access to Justice Act 1999 and the Civil Procedure Rules - the so-
called 'Woolf Reforms') and human rights law (brought about by the
Human Rights Act 1998). The new edition reflects these and many
other changes. If any provisions of new legislation were not in force
at the time of publication, the entries to which they apply will
indicate the direction ofthe proposed changes.
An asterisk (*) placed before a word in a definition indicates that
additional relevant information will be found under this article. Some
entries simply refer the reader to another entry, indicating either that
they are synonyms or abbreviations or that they are most
conveniently explained, together with related terms, in one of the
dictionary's longer articles. The use of the pronoun 'he' (rather than
'he or she') in entries has been adopted to simplify the construction of
sentences; it does not imply that the subject matter relates exclusively
to males.

A abandonment n. 1. The act of giving up a legal right, particularly a right of
ownership of property. Property that has been abandoned is res nullius (a thing
belonging to no one), and a person taking possession of it therefore acquires a
lawful title. An item is regarded as abandoned when it can be established that the
original owner has discarded it and is indifferent as to what becomes of it: such an
item cannot be the subject of a theft charge. However, property placed by its owner
in a dustbin is not abandoned, having been placed there for the purpose of being
collected as refuse. In marine insurance, abandonment is the surrender of all rights
to a ship or cargo in a case of *constructive total loss. The insured person must do
this by giving the insurer within a reasonable time a notice of abandonment, by
which he relinquishes all his rights to the ship or cargo to the insurer and can treat
the loss as if it were an actual total loss. 2. In civil litigation, the relinquishing of
the whole or part of the claim made in an action or of an appeal. Any claim is now
considered to be abandoned once a *notice of discontinuance is served, according to
rule 38 (1) of the *Civil Procedure Rules. 3. The offence of a parent or guardian
leaving a child under the age of 16 to its fate. A child is not regarded as abandoned
if the parent knows and approves steps someone else is taking to look after it. The
court may allow a child to be adopted without the consent of its parents if they are
guilty of abandonment.
abatement n. 1. (of debts) The proportionate reduction in the payment of debts
that takes place if a person's assets are insufficient to settle with his creditors in
full. 2. (of legacies) The reduction or cancellation of legacies when the estate is
insufficient to cover all the legacies provided for in the will or on intestacy after
payment of the deceased's debts. The Administration of Estates Act 1925 provides
that general legacies, unless given to satisfy a debt or for other consideration, abate
in proportion to the amounts of those legacies; specific and demonstrative legacies
then abate if the estate is still insufficient to pay all debts, and a demonstrative
legacy also abates if the specified fund is insufficient to cover it. For example, A's
estate may comprise a painting, £300 in his savings account, and £700 in other
money; there are debts of £100 but his will leaves the painting to B, £500 from the
savings account to C. £800 to D, and £200 to E. Bwill receive the painting, C's
demonstrative legacy abates to £300, and after the debts are paid from the
remaining £700,D's and E's general legacies abate proportionately, to £480 and £120
respectively. When annuities are given by the will, the general rule is that they are
valued at the date of the testator's death, then abate proportionately in accordance
with that valuation, and each annuitant receives the abated sum. All these rules are
subject to any contrary intention being expressed in the will. 3. (in land law) Any
reduction or cancellation of money payable. For example a lease may provide for an
abatement of rent in certain circumstances, e.g. if the building is destroyed by fire,
and a purchaser of land may claim an abatement of the price if the seller can prove
his ownership of only part of the land he contracted to sell. 4. (of nuisances) The
termination, removal, or destruction of a *nuisance. A person injured by a nuisance
has a right to abate it. In doing so, he must not do more damage than is necessary
and, if removal of the nuisance requires entry on to the property from which it
emanates, he may have to give notice to the wrongdoer. A local authority can issue
an abatement notice to control statutory nuisances. 5. (of proceedings) The

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