Elizabeth A Martin - Oxford Dictionary of Law, 5th Ed. (2003)

due to special circumstances but that he took all reasonably practicable steps to inform and consult. Although this is a potential defence, tribunals interpret it very narrowly. Insolvency does not amount to special circumstances. If the complaint is upheld, the tribunal can order the employer to pay appropriate compensation not exceeding 13 weeks' pay for the employee(s) in question.

The scope of the Acquired Rights Directive has now been expanded; consequent modifications to TUPE are currently under discussion. Changes include a discretion for EU member states to extend the protection of national law to require transferees to provide equivalent pensions, and for contractual terms to be varied when a transfer is coincidental with insolvency proceedings and when the variation in a contract of employment is to ensure continuation of the organization. It will also be possible for employee representatives to negotiate changes in contractual terms following the transfer of an important business. There are new provisions dealing with employee representation as well as amendments to the procedures for information and consultation.

relief n. 1. See REMEDY. 2. A tax concession; for example, a personal allowance (see INCOME TAX) or roll-over relief (see CAPITAL GAINS TAX). 3. Payment by a feudal tenant following succession to him of land after the death of the former tenant.

relief from forfeiture A discretionary power of the courts to restore a lease to a tenant when the landlord claims or has exercised his right of *forfeiture.

remainder n. An interest in land that comes into effect in possession only when a prior interest ends. For example if A settles land on B for life then on C in fee simple, C's interest is in remainder until B dies. All interests in remainder are necessarily equitable (see FEE SIMPLE ABSOLUTE IN POSSESSION). A settlement may create several successive remainders; for example, a settlement on A for life, remainder to B for life, remainder to C in tail, remainder to D in fee simple. B, C, and D are called remaindermen. There can be no remainder after a fee simple. See also REVERSION.

remainderman n. See REMAINDER.

remand vb. To commit an accused person to custody or release him on *bail during an adjournment. After arrest a suspect is normally kept at the police station until he is brought before the magistrates. If the offence with which he is charged is triable summarily or is an indictable offence that is being tried summarily (see OFFENCES TRIABLE EITHER WAY), the court may adjourn the case and remand the accused. If the offence is being tried on indictment, the court may likewise adjourn the case and remand the accused before inquiring into the offence as examining justices. Remand in custody has traditionally been made for no more than eight clear days, excluding the day on which the accused was remanded and the day on which he is to appear again before the court (the "eight-day rule"). If the accused had to be remanded for more than eight days, he was normally released on bail unless there was some special reason why bail should be refused. However, the court could remand a suspect for a further period (or any number of further periods) of eight days after the end of the original remand order. If the period of time spent on remand became excessive, the accused could apply for bail. However, following claims that eight-day remand hearings served no useful purpose and wasted prison service resources, the Home Secretary was empowered in 1988 to provide remand periods not exceeding 28 days for accused persons aged 17 or over, in particular areas or classes of case. The abolition of the eight-day rule was extended, by the Criminal Procedure and Investigations Act 1996, to those under 17 for offences alleged to have been committed on or after 1 February 1997. A remand order may

423 renewal of lease

also be made upon adjournment of a trial at any stage, at the request of either the prosecution or the defence, or after conviction, if the court wishes to obtain a report before sentencing. Bail must normally be granted, however, when remanding for reports.

Upon remand the suspect is sent to the local prison. *Juvenile offenders may be remanded instead to local authority accommodation. Under the Criminal Justice and Public Order Act 1994, the court may remand a juvenile offender to secure accommodation in a *community home or a registered children's home, provided the charge or conviction is for a violent or sexual attack, the offence is one for which an adult could be imprisoned for at least 14 years, or there is a recent history of absconding and the charge or conviction relates to an imprisonable offence committed while remanded to the local authority. As a result of major amendments to the Children and Young Persons Act 1969,the minimum age for being remanded to secure accommodation has been reduced to 12.

remedial constructive trust See CONSTRUCTIVE TRUST.

remedy (redress. relief) n. Any of the methods available at law for the enforcement, protection, or recovery of rights or for obtaining redress for their infringement. A civil remedy may be granted by a court to a party to a civil action. It may include the common law remedy of *damages and/or the *equitable remedies

remission n. Cancellation of part of a prison sentence. Formerly, a prisoner could earn remission of one-third of his sentence by good behaviour in prison and was released upon remission without any conditions. However, a prisoner serving an *extended sentence, or a prisoner serving more than 18 months' imprisonment, who was under the age of 21 when sentenced, could only be released on licence (see PAROLE). Remission of a sentence for good conduct was abolished by the Criminal Justice Act 1991, which specifies the conditions now required for the early release of prisoners.

remoteness of damage The extent to which a defendant is liable for the consequences of his wrongful act or omission. In contract, the defendant compensates for damage only if it was within his reasonable contemplation. He is presumed to have contemplated (and is therefore liable for) damage likely to result from the breach according to the usual course of events. Unusual damage resulting from special circumstances is regarded as within his contemplation only if a reasonable man, knowing what he knew or ought to have known, would have thought it liable to result.

In tort there is no single test to determine whether or not damage is too remote. In actions for *negligence and other forms of liability based on fault, the defendant is responsible only for damage of the type he should have foreseen, but if damage of that type is foreseeable, it is no defence that the extent of the resulting damage is greater than could have been expected. In torts of *strict liability, the defendant may be liable even for unforeseeable damage. Thus the keeper of an animal belonging to a dangerous species is liable for any damage it causes, whether foreseeable or not.

removal of action The transfer of a High Court action from a district registry to London (or vice versa) or of a county court action to the High Court (or vice versa).

renewal of lease The grant of a fresh *lease on similar terms to those of a preexisting lease between the same parties. A lease sometimes contains a clause that

gives the lessee an option to renew the lease when it expires. If the renewal is to be on the same terms, including the option to renew, the lease is known as a perpetually renewable lease; by statute, however, it is instead deemed to be a lease for 2000 years.

renouncing probate An executor's refusal, after the testator's death and in signed writing filed at a probate registry, to accept the office of executor. In such circumstances the person who would be entitled on intestacy to apply for letters of administration may apply for a grant of *letters of administration cum testamento annexo.

rent n. Payment by a tenant to his landlord under the terms of a *lease or *tenancy agreement. The obligation to pay rent is implied in all leases. If the tenant fails to pay his rent, the landlord can levy *distress for rent, take action for *forfeiture of the lease, or bring a court action against the tenant to claim the rent due. The manner and time of payment is as specified in the lease or tenancy agreement. If there is no express provision, rent should be paid to the landlord or his agent at the end of each *rental period or, in the case of a *fixed term, at the end of each year. The tenant can only deduct from the rent amounts that the lease or tenancy agreement allows. If the parties wish, the rent need not be paid in money: it may be in the form of service to the landlord or payment in kind. However, the amount of rent must be certain or capable of being ascertained. See

also FAIR RENT.

rental period A period in a lease or tenancy for which the tenant must make a payment of rent. In the absence of agreement, this is yearly in the case of a *fixed term. For other periods, see PERIODIC TENANCY.

rent assessment committee A committee that decides any dispute concerning the amount of a *fair rent determined by a rent officer for a tenancy of a dwellinghouse under the Rent Act 1977 (where it still applies). A rent assessment committee may also, on application by a tenant, determine whether a proposed increase in rent for an *assured tenancy (under the Housing Act 1988) is what the landlord could obtain on the open market and, if not, it may fix what this should be. Committees' members are drawn from panels appointed by the Secretary of State and the Lord Chancellor, and they are under the supervision of the Council on Tribunals. See also

RENT TRIBUNAL.

rent book A book or other document used to record rent paid and other tenancy details. A landlord must give his tenant a rent book when there is a weekly tenancy of residential property unless a substantial proportion of the rent is payment for board.

rentcharge n. A periodic payment of money charged on land, but excluding rent payable under a lease or tenancy and sums payable as interest. Depending on the manner in which the rentcharge arose, it may be called a chief rent or fee farm rent, but the effect is similar. A rentcharge owned on terms equivalent to a fee simple absolute in possession or term of years absolute can be a legal interest in land, but one subsisting on other terms (e.g.for life) is an equitable interest, registrable as a *general equitable charge. If the rent falls into arrears, the owner of the rentcharge may (on 40 days' arrears) enter the land and take its income until the debt is paid or lease the land to trustees who have powers to raise the money. On 21 days' arrears, he may enter the land and seize the debtor's goods as security for the rent (see DISTRESS). In general, a deed creating a rentcharge also reserves to its owner the right to forfeit the debtor's interest in the land if the rent is not paid. The Law

425 renvoi

of Property (Amendment) Act 1926 provides that freehold land subject to a rentcharge owner's right of forfeiture (a right of re-entry) can still qualify as a fee simple absolute in possession.

A rentcharge may also be secured on another rentcharge, rather than directly on land. For example, A grants a rentcharge (R1) over his land of £50 a year to B, who grants a rentcharge (R2) secured on R1 of £25 a year to C. If B is more than 21 days in arrear, C may appoint a receiver to collect the £50 from A and to pay Chis £25 plus the expenses of the recovery, and account to B for any surplus.

The Rentcharges Act 1977 prohibits the creation of new rentcharges after 21 August 1977, except for (1) certain charges, usually in favour of the landowner's family, the effect of which is to make the land subject to a *trust of land; and (2) estate rentcharges. The latter are usually reserved by a developer selling plots on an estate subject to covenants given by the purchasers to protect the character of the estate; they entitle the owner of the rentcharge to enforce the purchasers' covenants even after all the plots have been sold off.

rent officer An official appointed by central government who determines *fair rents and keeps a register of all fair rents in his local area. Under the Housing Act 1988, rent officers are given additional functions relating to housing benefit and rent allowance subsidy.

rent rebate A rent subsidy paid by local authorities to their own needy tenants, as part of *housing benefit. The conditions vary from one local authority to another.

rent registration 1. The registration by a rent officer of a *fair rent determined by himself or a rent assessment committee under the Rent Act 1977. This procedure is now abolished except for rents already so fixed. 2. The registration by a local authority of a *restricted contract rent determined by a rent tribunal or rent assessment committee. Since the passing of the Housing Act 1988,rents of new tenancies are not registered.

rent service 1. Any rent payable where a landlord and tenant relationship exists. 2. Originally, a rent payable to a feudal lord.

rent tribunal A tribunal to whom the determination of the rent properly payable under a *restricted contract may be referred. Rent tribunals also have power to grant limited security of tenure, but only if the contract was made before the commencement of the Housing Act 1980.Until that Act they were distinctly constituted bodies, but their functions are now carried out by *rent assessment committees sitting as rent tribunals. No new restricted contracts can be made since the passing of the Housing Act 1988.

renvoi n. [French: sending back] The doctrine whereby the courts of one country in certain circumstances apply the law of another country in resolving a legal dispute. A problem arises in private international law when one country's rule as to conflict of law refers a case to the law of a foreign country, and the law of that country refers the case either back to the law of the first country (remission) or to the law of a third country (transmission). For example, under English conflict rules, if a person dies intestate, the succession to his personal property is governed by the law of the country in which he is domiciled. Under Italian conflict rules, however, succession to personal property in such cases is governed by the law of the intestater's nationality. Thus if an English national dies intestate while domiciled in Italy, a renvoi problem will arise - English law will refer the matter to the law of his domicile (i.e. Italian law) and Italian law would refer the matter to the law of his nationality (i.e. English law).

international torts (breaches of international obligations). Whenever possible, international courts or arbitration tribunals will rule that reparations be made by means of restitution in kind; if this is not possible, compensation is by payment of a sum equivalent to the value of restitution in kind. The aim of reparations is to eradicate the consequences of the illegal act. It is not clear, however, whether there is an obligation to make reparations for all breaches of international law.

2. Payments made by a defeated state to the conquering state to compensate for damage suffered by the victor.

repatriation n. A person's voluntary return from a foreign country to that of which he is a national. Compare DEPORTATION.

repeal n. The total or partial revocation of a statute by one passed subsequently. A statute is normally repealed by express words, but if provisions of a later statute are inconsistent with those of an earlier one this will imply that Parliament intended a repeal. Repeal does not affect any transaction that has been completed under the repealed statute.

repeat offender An offender who commits the same offence on more than one occasion. Under the Crime (Sentences) Act 1997, from 1999 those convicted for a third time for dealing in hard drugs or for burglary face minimum *sentences of seven and three years, respectively, unless the judge finds that this is unjust. The Act also provides for a mandatory life sentence for those convicted for a second time of rape or attempted rape, manslaughter, attempted murder, wounding with intent to do grievous bodily harm, robbery with a firearm, or possession of a firearm with intent to endanger life. In exceptional circumstances the judge may choose not to impose the mandatory sentence on such an offender but must provide a full explanation as to why this has not been done.

replevin n. A procedure to recover goods that have been taken out of the claimant's possession (usually by way of distress for unpaid rent), the effect of which is to restore them to the claimant provisionally, pending the outcome of an action to determine the rights of the parties.

reply n. A statement of case served by the claimant in a civil action in answer to the *defence. It is often contained in the same document as a defence to a *counterclaim.

repossession n. (of mortgaged property) The right of a mortgagee to obtain vacant possession of the property occupied by a mortgagor, in accordance with the terms of the mortgage. All mortgagees have a right to possession of the property from the time the mortgage is granted unless they have contracted out of the right. It is, however, unusual for a mortgagee to exercise such a right unless the mortgagor has defaulted in some way. See also MORTGAGE; POWER OF SALE.

representation n. 1. The state of being represented, e.g. by an elected representative in the House of Commons (see also PARLIAMENT), by a defending counsel in court, or by an agent acting on behalf of his principal. 2. (in succession) Taking the place of another. The court grants to executors or administrators the right to represent the deceased, i.e. to collect, sell, and transfer the deceased's assets (in accordance with the will or intestacy rules) as if they were the owners. Under the Wills Act 1837 a *devise or *legacy in favour of a child or remoter descendant of the testator who predeceases him leaving descendants of his own does not lapse but is

inherited by those surviving descendants, who therefore represent their deceased ancestor (see PER STIRPES). 3. (in contract law) A statement. A person who has been induced to enter into a contract on the basis of a statement that is untrue or misrepresents a material fact may sue for damages or for rescission of the contract (see MISREPRESENTATION). Under the Consumer Credit Act 1974 a representation includes a *condition, *warranty, or any other statement or undertaking, either oral or in writing. Many contracts exclude all prior representations from terms of the contract, although in consumer contracts such an exclusion may be void if unfair.

representative action An action brought by or against one or more persons as representative(s) of a larger group. All the persons represented must have the same interest in the proceedings, and therefore a representative action cannot generally be brought if each member of the group has a separate claim for damages.

Judgment in a representative action is binding upon all the persons represented. Such actions are not normally possible under English law, although they are common in the United States. An example of a representative action is one brought by company members on behalf of themselves and other members against the company in respect of a wrong done to them by it (e.g.a denial of their voting or class rights embodied in the articles of association or an *ultra vires act). Compare

DERIVATIVE ACTION; GROUP ACTION.

reprisals pl. n. Retaliatory measures taken by one state against another to settle a dispute occasioned by the other's illegal or unjustified conduct. Reprisals include boycotts, *embargoes, and limited military action. A military reprisal. if otherwise than for the purpose of lawful self-defence under Article 51 of the United Nations Charter, is now illegal under international law.

republication of will The re-execution with proper formalities of an existing will, or of a *codicil to it that contains some reference to the will, which has the effect of confirming that will. When republished, the will takes effect as if made at the date of republication. A republication may have the effect of validating an unattested alteration made to the will before its re-execution or the execution of the confirmatory codiciL Compare

repudiation n. (in contract law) 1. An anticipatory *breach of contract. 2. A minor's disclaimer of a contract that is voidable because of his minority (see CAPACITY

TO CONTRACT; RESCISSION).

repugnancy n. Contradiction or inconsistency in the terms of a document. Generally the court construes documents to give effect to the parties' primary intention (the main purpose rule). If this cannot be established and the document's provisions are directly contradictory, the court treats the later provision as effective in the case of a will and the earlier one in the case of a deed. Thus a transfer of property to A and B "as beneficial joint tenants in equal shares" confers a *joint tenancy unless it was effected by will, when it will be treated as conferring a *tenancy in common in equal shares.

reputation n. The estimation in which a person is generally held. See CHARACTER;

DEFAMATION.

reputed ownership Goods that at the beginning of the bankruptcy of a trader are in his possession with the consent of the true owner and in circumstances suggesting that the bankrupt is the owner are said to be in the bankrupt's reputed ownership. Such goods are treated as the bankrupt's own goods and are therefore available for distribution to his creditors.

request for further information See INTERROGATORY; PARTICULARS.

requisition n. 1. (in land law) An application to HM Land Registry, the Land Charges Department, or a local authority for a certificate of *official search to reveal whether or not land is affected by encumbrances. 2. (in *conveyancing) A request by an intending purchaser or mortgagee arising from the *abstract of title supplied by the owner. For example if an abstracted deed shows that the land is affected by encumbrances contained in an earlier deed that has not been abstracted, the purchaser will raise a requisition demanding proper evidence of the encumbrances. 3. (in military law) The compulsory acquisition of property for use by the armed forces. The Army Act 1955and the Air Force Act 1955, for example, contain provisions that, if brought into force by a government order made in the public interest, enable commanding officers to issue requisitioning orders authorizing the acquisition (in return for payment and compensation for damage) of vehicles, horses' food, and stores.

reregistration n. The procedure enabling a registered company to change its status, e.g. from limited to unlimited or from public to private (or, in either case, vice versa).

resale n. See RIGHT OF RESALE.

resale price maintenance The fixing by a supplier of the price at which his goods may be sold by others. This may be attempted by contractual arrangements or by nonlegal means, such as blacklisting by trade associations. Resale price maintenance is now prohibited by the Competition Act 1998 and Article 81 of the Treaty of Rome. Provisions in contracts of sale between suppliers and dealers fixing minimum prices are void, and it is illegal to withhold supplies on the grounds of adverse pricing. Fines of 10% of turnover can be imposed for breach of these provisions. Formerly, resale price maintenance was permitted for books and certain nonprescription drugs, but even these exceptions have now been declared illegal.

rescission n. The setting aside of a *voidable contract, which is thereby treated as if it had never existed. Rescission is an irrevocable step and can be effected by any clear indication of intention to be no longer bound by the contract; this intention must be either communicated to the other party or publicly evidenced in some way. Rescission can also be effected by a formal action (a remedy developed by the courts of equity). There are limits on the right of rescission. It cannot be exercised unless restitutio in integrum is possible, i.e. unless it is possible to restore both parties to their original positions, and it cannot be exercised if this would involve upsetting rights acquired by third parties. Thus, a buyer of goods cannot rescind if he cannot return the goods, and a seller of goods cannot rescind if they have been resold to a third party.

The setting aside of a proprietary contract by a minor is normally called repudiation rather than rescission, but there is no distinction in substance. The treating of a contract as discharged by breach (see BREACH OF CONTRACT) is frequently, but misleadingly, called rescission. It does not operate retrospectively and is permissible whether or not restitutio is possible.

rescue n. 1. Action to save people or property from danger. There is no general duty to rescue people or property from danger, though a master of a ship is bound by statute to render assistance to people in danger at sea. Voluntary attempts to rescue people in danger are encouraged by the law. Someone injured in such a rescue attempt may recover damages from the person whose negligence created the danger. The rescuer is not regarded as having assumed the risk of being injured and

courts are reluctant to find that his injuries were due to *contributory negligence. Attempts to rescue property may not be treated so sympathetically. 2. The forcible removal of a person in the custody of the law, which is a criminal offence. 3. The recovery of property that has been taken by way of *distress. If the distress was unlawful, the owner is entitled to recover it.

resealed probate A grant of *probate issued in one country and approved (and sealed again) by the court of another, giving the executor authority to deal with the testator's property in that second country.

reservation n. 1. (in international law) A unilateral statement made by a state, when signing, ratifying, accepting, approving, or acceding to a treaty, in order to exclude or modify the legal effect of certain provisions of the treaty in their application to that state. This device is used by signatory states to exempt particular policies from challenge. The UK has made one reservation in relation to the *right to education in Article 2 of the First Protocol to the European Convention on Human Rights. The *Human Rights Act 1998 also excludes public authorities from duties under Article 2 where this reservation applies. 2. (in land law) The creation of an easement or other right in a conveyance of land that is for the benefit of land retained by the vendor or transferor. For example, if A is selling Blackacre but requires a right of way over it for access to land he is retaining, the conveyance of Blackacre to the purchaser will reserve the right of way for the benefit of A's retained land. Such a reservation may be implied in circumstances of necessity. See

EASEMENT OF NECESSITY.

reservation of title See RETENTION OF TITLE.

reserve capital See AUTHORIZED CAPITAL.

reserve forces Forces not in active service. They include the Army Reserve, the Territorial Army, the Air Force Reserve, the Royal Auxiliary Air Force, the Royal Naval Reserve, the Royal Naval Special Reserve, and the Royal Marines Reserve. The Reserve Forces Act 1996 provides a new power allowing call-out of reserve forces for humanitarian disaster relief and operations and introduced two new categories of reserve. The high readiness reserve will consist of about 3000 volunteers who have agreed, with their employers' consent, to accept increased liability for being called out. These volunteers will be people with special skills, such as linguists and public information specialists. The sponsored reserve will undertake some support tasks currently restricted to regular personnel. The legislation also makes provision to allow reservists to volunteer to undertake productive tasks other than training without being called out. There are powers to increase the military pay of reservists called out for operations if this pay is less than their civilian pay would be. There are also powers to pay employers for additional costs when the reservists are called out. A Reserve Forces Appeal Tribunal, set up under the 1996 Act, hears appeals from reservists and employers who are dissatisfied.

res extincta [Latin] Matter that has ceased to exist. See MISTAKE.

res gestae [Latin: things done] The events with which the court is concerned or others contemporaneous with them. In the law of evidence, res gestae denotes: (1) a rule of relevance according to which events forming part of the res gestae are admissible; (2)an exception to the rule against *hearsay evidence under which statements forming part of the res gestae are admissible, for example if they accompany and explain some relevant act or relate to the declarant's contemporaneous state of mind or his contemporaneous physical sensations.

the Income and Corporation Taxes Act 1988 provides that, for the purposes of tax, a person is resident in the UK even if he has left the UK for occasional residence abroad. Temporary residents are chargeable to tax in the UK if they stay in the UK for a period (or periods adding up to) six months in any year. It is possible to be a resident of more than one country at the same time. See also DOMICILE; HABITUAL RESIDENCE; MAIN RESIDENCE. 2. In the case of a *company not incorporated in the United Kingdom, the country in which central management and control is located; companies incorporated in the United Kingdom are deemed to reside there irrespective of the location of central management and control. Residence determines the company's liability to *corporation tax.

residence order See SECTION 8 ORDERS.

residential occupier A person who is living in a property as a result of his contractual rights, his statutory rights, his rights under a rule of law, or because other people are restricted by law from removing him. It is an offence to force a residential occupier to leave the property without complying with the proper

procedure. See ADVERSE OCCUPATION; EVICTION; FORCIBLE ENTRY; HARASSMENT OF OCCUPIER.

residuary devise See DEVISE.

residuary estate (residue) The property comprising a deceased person's estate after payment of his debts, funeral expenses, costs of administration of the estate, and all specific (and demonstrative) bequests and devises. If a will does not dispose of the whole of a testator's property, the residue passes to those entitled under the rules applying on *intestacy.

residuary legacy See LEGACY.

residue n. See RESIDUARY ESTATE.

res ipsa loquitur [Latin; the thing speaks for itself] A principle often applied in the law of tort of *negligence. If an accident has occurred of a kind that usually only happens if someone has been negligent, and the state of affairs that produced the accident was under the control of the defendant, it may be presumed in the absence of evidence that the accident was caused by the defendant's negligence.

resisting arrest Taking any action to prevent one's arrest. A person may use *reasonable force to resist an illegal arrest. If he resists a legal arrest, however, he lays himself open to a charge of assaulting or *obstructing a police officer in the course of his duty. The fact that the police officer was in plain clothes is no defence to such a charge. The House of Lords has ruled that it is the right and duty of every citizen to take reasonable steps to prevent a breach of the peace by detaining the offender. The offender therefore has no right to resist such an arrest on the grounds of *self-defence; if he uses force to do so, he may be guilty of an assault.

res judicata [Latin; a matter that has been decided] The principle that when a matter has been finally adjudicated upon by a court of competent jurisdiction it may not be reopened or challenged by the original parties or their successors in interest. It is also known as action estoppel. It does not preclude an appeal or a challenge to the jurisdiction of the court. Its justification is the need for finality in litigation. See also ESTOPPEL.

resolution n. 1. A decision reached by a majority of the members at a company

meeting. See ELECTIVE RESOLUTION; EXTRAORDINARY RESOLUTION; ORDINARY RESOLUTION;

SPECIAL RESOLUTION; WRITTEN RESOLUTION. 2. The decision of a meeting of any other

assembly, such as the *United Nations. Such a resolution, strictly speaking, has no binding effect on either the Security Councilor the United Nations as a whole.

respondeat superior [Latin; let the principal answer] The doctrine by which an employer is responsible for certain wrongs committed by his employee in the course

of his employment. See VICARIOUS LIABILITY.

respondent n. The defending party in an appeal or petition to the courts. Compare

DEFENDANT.

respondentia n. See HYPOTHECATION.

restitutio in integrum [Latin] Restoration to the original position. See DAMAGES;

RESCISSION.

restitution n. The return of property to the owner or person entitled to possession. If one person has unjustifiably received either property or money from another, he has an obligation to restore it to the rightful owner in order that he should not be unjustly enriched or retain an unjustified advantage. This obligation exists when, for example, goods or money have been transferred under compulsion (duress), under mistake, or under a transaction that fails because of illegality, lack of formality, or for any other reason or when the person who has taken the property has acquired a benefit through his actions without justification.

In certain circumstances the courts may make a restitution order in respect of property. Under the Theft Act 1968, if someone is convicted of any offence relating to stolen goods the court may order that the stolen goods or their proceeds should be restored to the person entitled to recover them. The court will only exercise this power, however, in clear cases that do not involve disputed questions of fact or law. Under the Police (Property) Act 1897, magistrates' courts are empowered to make a restitution order in favour of a person who is apparently the owner of property that has been obtained by the police in connection with any crime, even when no charge can be brought or the goods are seized under a search warrant. If the owner cannot be found, the court may make any order it thinks fit (usually an order for sale by auction). The police have no power to retain property lawfully seized merely because they think the court will probably make a restitution order.

restraint of marriage A condition in a contract or other disposition intended to prevent someone from marrying. Such conditions are usually (unless they are very limited) void, as they are considered to be against *public policy.

restraint of trade A contractual term that limits a person's right to exercise his trade or carryon his business. An example is a term in an employment contract or partnership agreement prohibiting a party from engaging in a similar business for a specified period after the relationship ends. Such a term is void unless the party relying on it shows that it does not offend *public policy; it must also be reasonable as between the parties. Many such terms are reasonable and therefore valid. See also

GARDEN LEAVE CLAUSE.

restraint on alienation Provisions in a grant or conveyance of land that purport to prevent the owner from disposing of it. Restraints of an absolute nature are generally void. Partial restraints on alienation may be upheld by the courts.

restraints of princes (in marine insurance) Political or executive acts causing loss or damage, as distinct from such acts as riots or ordinary judicial processes. Such acts, more common in time of war, need not be done by officials of governments,