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Law Dictionary
Fulcrum Law is a Business Law Firm in Vancouver, BC. This dictionary was designed for Canadian Business Owners to better understand legal terms and how it relates to them and their business.
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Promissory note
Promissory note
A promissory note is a legal document that outlines a promise to pay a specific amount of money to a designated party at a predetermined time. In the context of business, real estate, or technology law in British Columbia, promissory notes are commonly used as a form of financing or as a means of securing a debt. They are legally binding and enforceable, and can be used to establish the terms of a loan or other financial agreement.
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Property
Property
In the context of business, real estate, or technology law in British Columbia, property refers to any tangible or intangible asset that can be owned or controlled by an individual or entity. This includes real property such as land and buildings, personal property such as vehicles and equipment, intellectual property such as patents and trademarks, and digital property such as software and data. Ownership and control of property are subject to various legal rights and obligations, including those related to acquisition, use, transfer, and protection.
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Property rights
Property rights
Property rights refer to the legal ownership and control over a tangible or intangible asset, such as real estate, intellectual property, or personal property. In British Columbia, property rights are protected by various laws and regulations, including the Property Law Act, the Land Title Act, and the Copyright Act. These laws establish the rights and responsibilities of property owners, including the right to use, sell, lease, or transfer their property, as well as the obligation to respect the property rights of others. In the context of business, real estate, or technology law, property rights are a critical component of commercial transactions, intellectual property protection, and dispute resolution.
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Property tax
Property tax
Property tax refers to a tax levied by the government on the value of real estate owned by individuals or businesses. In British Columbia, property tax is assessed annually by local governments and is based on the assessed value of the property. The tax revenue generated from property tax is used to fund local services such as schools, roads, and public safety. Failure to pay property tax can result in legal action, including the sale of the property to recover the outstanding taxes.
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Public domain
Public domain
Public domain refers to intellectual property that is not protected by copyright or other forms of intellectual property rights, and is available for use by anyone without permission or payment. In the context of business, real estate, or technology law in British Columbia, public domain may refer to information or data that is freely accessible and usable by the public, such as government records or open source software.
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Public interest
Public interest
Public interest refers to the common good or welfare of the general public, as opposed to the interests of a particular individual or group. In the context of business, real estate, or technology law in British Columbia, public interest may be considered when making decisions that affect the community, such as land use planning, environmental regulations, or consumer protection laws. It is often the responsibility of government agencies and regulatory bodies to ensure that the public interest is upheld in these areas.
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Public nuisance
Public nuisance
Public nuisance refers to any activity or condition that interferes with the public's right to use and enjoy public spaces or causes harm to the health, safety, or welfare of the community. In the context of business, real estate, or technology law in British Columbia, public nuisance may include activities such as excessive noise, pollution, or obstruction of public access to property. It is a legal concept that can result in civil or criminal liability for those responsible for creating or maintaining the nuisance.
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Public policy
Public policy
Public policy refers to the principles and guidelines established by the government to regulate and guide the actions of individuals and organizations in the public interest. In the context of business, real estate, or technology law in British Columbia, public policy may impact the legal framework for conducting business, property ownership and use, and the development and use of technology. Public policy considerations may include environmental protection, consumer protection, public safety, and economic development.
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Public records
Public records
Public records refer to any documents, information, or data that are created, received, or maintained by a government agency or public institution in the course of its official duties. In the context of business, real estate, or technology law in British Columbia, public records may include land titles, corporate filings, and government contracts, among other types of information that are accessible to the public. These records are subject to specific rules and regulations regarding their collection, storage, and dissemination, and may be used as evidence in legal proceedings.
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Public trust
Public trust
Public trust refers to the legal obligation of individuals or organizations to act in the best interest of the public when managing assets or resources that are entrusted to them. In the context of business, real estate, or technology law in British Columbia, public trust may apply to situations where companies or individuals are responsible for managing public funds, public infrastructure, or sensitive information. Breaching public trust can result in legal consequences, including fines, penalties, or criminal charges.
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Punitive damages
Punitive damages
Punitive damages refer to a type of compensation awarded in a civil lawsuit that is intended to punish the defendant for their wrongful conduct and deter similar behavior in the future. In British Columbia, punitive damages may be awarded in cases involving business, real estate, or technology law where the defendant's actions were particularly egregious or malicious. These damages are separate from compensatory damages, which are intended to compensate the plaintiff for their losses.
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Purchase agreement
Purchase agreement
A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions of a transaction for the purchase of goods or services. In the context of business, real estate, or technology law in British Columbia, a purchase agreement typically includes details such as the purchase price, payment terms, delivery or possession date, warranties, representations, and any other relevant terms negotiated by the parties. The purchase agreement serves as a critical document in protecting the interests of both parties and ensuring a smooth and successful transaction.
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Purchase option
Purchase option
A purchase option is a contractual agreement between a buyer and a seller that grants the buyer the right, but not the obligation, to purchase a property or asset at a predetermined price and within a specified time frame. In British Columbia, purchase options are commonly used in real estate and business transactions to provide flexibility and security for both parties. The terms of a purchase option can vary widely and should be carefully negotiated and documented to ensure clarity and enforceability.
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Qualified privilege
Qualified privilege
Qualified privilege is a legal defense that protects individuals or organizations from liability for making statements that would otherwise be defamatory, provided that the statements were made in good faith and for a legitimate purpose. In the context of business, real estate, or technology law in British Columbia, qualified privilege may apply to statements made in the course of business dealings, such as providing references or sharing information with other professionals in the industry. However, the privilege is not absolute and can be lost if the statement is made with malice or without a reasonable belief in its truthfulness.
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Quantum meruit
Quantum meruit
Quantum meruit is a legal term used in business, real estate, and technology law in British Columbia to refer to the principle of reasonable compensation for services rendered or work performed. It is a Latin phrase that translates to "as much as he has earned" and is often used in cases where there is no specific contract or agreement outlining payment terms. In such cases, the court will determine a fair and reasonable amount of compensation based on the value of the services provided.
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Quashing
Quashing
Quashing is a legal term used in British Columbia business, real estate, or technology law to refer to the act of nullifying or setting aside a decision, order, or judgment made by a lower court or administrative body. This can be done through a judicial review process, where a higher court reviews the decision and determines whether it was made in accordance with the law. Quashing can be used to challenge decisions related to contracts, property disputes, intellectual property, and other legal matters.
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Quasi-competition
Quasi-competition
Quasi-competition refers to a situation in which two or more businesses or entities operate in the same market or industry, but do not engage in direct competition due to legal or regulatory constraints. This can occur in areas such as real estate or technology, where certain laws or regulations limit the ability of businesses to compete directly with one another.
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Quasi-constitutional
Quasi-constitutional
Quasi-constitutional refers to laws or provisions that have a constitutional-like status, but are not formally enshrined in the constitution. In the context of business, real estate, or technology law in British Columbia, quasi-constitutional provisions may include statutes or regulations that have a significant impact on the rights and obligations of businesses or individuals, and are considered to be fundamental to the legal framework of the province. Examples of quasi-constitutional provisions in British Columbia may include the Human Rights Code, the Environmental Management Act, or the Personal Information Protection Act.
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Quasi-contract
Quasi-contract
A quasi-contract, also known as an implied-in-law contract, is a legal concept in British Columbia that allows for the creation of a contractual obligation between parties even in the absence of a formal agreement. This type of contract arises when one party receives a benefit from another party, and it would be unjust for the recipient to retain the benefit without compensating the provider. Quasi-contracts are often used in business, real estate, and technology law to resolve disputes and ensure fairness between parties.
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Quasi-criminal
Quasi-criminal
Quasi-criminal refers to offenses that are not strictly criminal in nature, but are still punishable by law. In the context of business, real estate, or technology law in British Columbia, quasi-criminal offenses may include violations of regulatory statutes or bylaws, such as environmental or workplace safety regulations. These offenses may result in fines or other penalties, but do not carry the same level of stigma or potential for imprisonment as criminal offenses.
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Quasi-estoppel
Quasi-estoppel
Quasi-estoppel is a legal doctrine that prevents a party from denying a fact or claim that they previously asserted or accepted as true, even if it is inconsistent with their current position. In the context of business, real estate, or technology law in British Columbia, quasi-estoppel may be used to prevent a party from taking a position that is contrary to their previous statements or actions, particularly in situations where it would be unfair or unjust to allow them to do so.
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Quasi-judicial
Quasi-judicial
Quasi-judicial refers to a legal process or decision-making authority that is vested in an administrative body or tribunal, which has the power to make decisions that are similar to those made by a court of law. In the context of business, real estate, or technology law in British Columbia, quasi-judicial bodies may include regulatory agencies, licensing boards, or other administrative bodies that have the power to make decisions that affect the rights and interests of businesses, property owners, or technology companies. These bodies are required to follow procedural fairness and natural justice principles, and their decisions may be subject to judicial review.
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Quasi-jurisdictional
Quasi-jurisdictional
Quasi-jurisdictional refers to a legal authority or power that is not fully vested in a particular entity, but rather shared between multiple entities. In the context of business, real estate, or technology law in British Columbia, quasi-jurisdictional may refer to situations where regulatory or decision-making authority is shared between different levels of government or between government and private entities. This can create complex legal and regulatory frameworks that require careful navigation to ensure compliance and avoid legal disputes.
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Quasi-legal
Quasi-legal
Quasi-legal refers to actions or decisions that are not strictly legal, but are made or enforced by an entity with some legal authority or influence. In the context of business, real estate, or technology law in British Columbia, quasi-legal decisions may be made by regulatory bodies or industry associations, and may have legal implications for those affected.
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Quasi-legal
Quasi-legal
Quasi-legal refers to actions or decisions that are not strictly legal, but are made or enforced by an entity with some legal authority or influence. In the context of business, real estate, or technology law in British Columbia, quasi-legal decisions may be made by regulatory bodies or industry associations, and may have legal implications for those affected.
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