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Glossary

We want to make it as easy as possible for you to do business with us.
We try and use plain english wherever we can. Unfortunately the law
like any other industy has its own language and we can't always promise
that we won't be using words that are second nature to us, but may not
be second nature to you.

To help you find your way around the maze of legal terminology we've
provided you with a short glossary of some of the legal terms which you
are more likely to come across in our correspondence and documentation.

Our list, some of which is adapted from www.nolo.com is not exhaustive
as we have not intended to provide a detailed legal dictionary. There are
a number of other excellent websites however which will assist you should
you need any further explanations beyond those in our glossary.

Click on the following link and you will find a legal dictionary which may not
keep you amused, but will keep you informed.

www.nolo.com

Negligence

Failure to exercise the degree of care expected of a person of ordinary prudence in like circumstances in protecting others from a foreseeable and unreasonable risk of harm in a particular situation.

Negotiable Instrument

A written document that represents an unconditional promise to pay a specified amount of money upon the demand of its owner. Examples include cheques and promissory notes. Negotiable instruments can be transferred from one person to another such as when you endorse a cheque.

Next Friend

A person, usually a relative, who appears in court on behalf of a minor or plaintiff with an incapacity (e.g. brain damage or dementia). Strictly speaking the Next Friend is not a party to the law suit. However the next friend does undertake a liability for costs and is liable for the costs payable to the plaintiff's lawyers or payable to the other party if the case is lost. Children in claims for damages are represented by Next Friends. The words Tutor or Guardian are sometimes also used in substitution for Next Friend.

Nominal Defendant

A body, established for the purposes of the Motor Accidents Compensation Act, and which exists in name only and takes the place of an actual defendant whose identity cannot be identified, or in motor vehicle cases who does not carry appropriate insurance. The device enables injured persons in motor vehicle claims to still bring a claim notwithstanding that the responsible party has either disappeared or does not have insurance.

Non Feasence

See 'Misfeasance'.

Novation

The substitution of a new contract for an old one. A novation may change one of the parties to a contract or the duties that must be performed by the original parties.

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