Legal Glossary - R

 

 

Real property

Any property related to land or buildings, as well as any fixtures thereupon.

 

Reasonable Man

A principle which appears throughout common law. The standard of behaviour required of a person in many situations is that of a reasonable man (or reasonable person). It based on a concept of a person of ordinary intellectual capacity and common emotional and cultural traits. However the principle is not unitary in that a reasonable man is generally expected to read and adhere to notices with efficiency, but is not expected to exercise sensible care for themselves where notices are deceptive or absent.

 

Receiver Manager

A receiver (see receivership, below) appointed to an insolvent corporation, who also manages the corporation’s regular business. This is done where continued trading is desirable.

 

Receivership

A creditor of a corporation may appoint a receiver or receiver manager to take control over a corporation in a state of insolvency so as to recover property subject to a security interest. This occurs often when a business has obtained finance through a mortgage, but has failed, or is close to failing, to repay its debt. A receiver has nothing to do with other assets of the company or its other financial obligations.

 

Remainder

The remainder of a property is the property rights which are left over after all lawful claims to it are accounted for.  The remainder may automatically vest in one of the parties.

 

Regulations

A form of legislation, also known as subordinate legislation, which is created by government departments and bodies within the scope of their authorisation to do so. Authorisation comes from Acts of Parliament which expressly grant authorisation.

 

Remedy

The resolution to a matter given by a court, after finding in favour of the plaintiff/applicant. The remedy may be in the form of monetary damages, an injunction, specific performance, or some other order authorised by statute.

 

Rescind

A remedy given for contracts that are frustrated or where there is total failure of consideration. Noun: rescission.

 

Resulting Trust

A form of trust deduced not from a direct intention but from the conspiracy of circumstances. The word, “result” here takes an alternative derivation from the Latin root, and means to spring back. A resulting trust springs into being when one person is given possession of another person’s property with the intention that it be used for another purpose, and the purpose is defeated somehow. For example, person A gives cash to person B and has them go to a shop to buy something, but the shop is closed. A’s intention was not to make a gift to B, so B does not have full rights. When the trust fails B must allow A to resume possession.

 

Reply

Part of the documentation that comprises a pleading. In the interlocutory stage of proceedings, after a defendant files their defence (in response to a statement of claim), the plaintiff may then respond to the defence with a reply.

 

Representative Proceeding

A court proceeding in which many plaintiffs exist. Commonly used when a large company or government is alleged to have wronged many people. Also known as a class action.

 

Respondent

The individual or corporation against whom/which legal proceedings are commenced. Also known as a defendant – the choice of terminology depends on which court will hear the matter. In an appeal it is the party who/which did not commence the appeal.

 

Written by Andrew Pingree. All copyright, 2014-2016 vests in Civilaco Pty Ltd.

Commercial Intelligence - investigative solutions for Geleong, Melbourne and western Victoria
Australian Legal Education - training in law basics for small business