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An officious intermeddler is a person who voluntarily, and without request or pre-existing legal duty, interjects themself into the affairs of another, and then seeks remuneration for services or reimbursement. [1] Example: Person A leaves for vacation for two weeks during the summer. Person B mows A's lawn. B requests payment for this service.
This common law rule is further reflected in modern rules of civil procedure [10] and the interpretation of criminal appeal provisions. [11] Whether in its common law or statutory form, the doctrine of functus officio provides that only in strictly limited circumstances can a court revisit an order or judgment. [12]
Southern Foundries (1926) Ltd v Shirlaw [1940] AC 701 is an important English contract law and company law case. In the field of contracts it is well known for MacKinnon LJ's decision in the Court of Appeal, where he put forth the "officious bystander" formulation for determining what terms should be implied into agreements by the courts.
The officious bystander is a metaphorical figure of English law and legal fiction, developed by MacKinnon LJ in Southern Foundries (1926) Ltd v Shirlaw [1] to assist in determining when a term should be implied into an agreement. While the officious bystander test is not the overriding formulation in English law today, it provides a useful guide.
Agent de son tort, officious agent fideicommissum: entrusting to (a person's) good faith. Testamentary trust; a form of substitution (called 'fideicommissary substitution') in which a will beneficiary is instructed in the will to transfer the testamentary gift in whole or part to a third party.
But persons employed under the Government and paid for their services out of the public Treasury are not expected to take an active or officious part in attempts to influence the minds or votes of others, such conduct being deemed inconsistent with the spirit of the Constitution and the duties of public agents acting under it; and the President ...
An ex officio member is a member of a body (notably a board, committee, or council) who is part of it by virtue of holding another office. The term ex officio is Latin, meaning literally 'from the office', and the sense intended is 'by right of office'; its use dates back to the Roman Republic.
The "officious bystander" is a metaphorical character in English law, used to determine the implied terms of a contract. Bible In the ...