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F
Fee simple
The most extensive tenure under the feudal system which allows the tenant to sell land or convey it by will. In modern law, almost all land is held in fee simple and this is as close as one can get to absolute ownership in common law.
Fiduciary
A person having duty, created by his or her undertaking, to act primarily for another's benefit in matters connected with such undertaking. This involves duties of good faith, trust, special confidence and candour towards another person. A fiduciary must not allow any conflict of interest to affect their duties towards the beneficiary and must exercise a high standard of care in protecting or promoting the interests of the beneficiary.
Fieri facias
(Fi. Fa.) A judicial writ of fieri facias commands a sheriff to take and sell enough property from the person who lost the law suit, to satisfy the debt owed by the judgment.
Force majeure clause
A term in a contract which prevents liability arising in instances where a party's performance is prevented by causes beyond the control of the party.
Fringe benefit
A benefit, which is not in the form of a monetary payment, for services of employment. The value of such benefits may be assessable as income of the employee and the employer may be subject to Fringe benefits tax on the value of the benefit.
G
Garnishment
A proceeding where a plintiff creditor (garnishor) seeks to seize the property or money of a third party (guarnishee) owed by the third party to the defendant debtor.
General damages
Compensation for loss not capable of being precisely assessed in financial terms, such as future economic loss, and loss of non-monetary nature, such as pain and suffering, loss of amenities and loss of expectation of life.
Group certificates
A certificate issued by an employer for each employee stating the employee's gross income, the amount of taxation they have paid and their superannuation contribution. Group certificates are usually issued at the end of the financial year or when employment ceases.
Guardian ad litem
A guardian appointed to assist an infant or a mentally incapable defendant or plaintiff, or any incapacitated person that may be a party in a legal action.
H
Habeas corpus
Latin - a court petition which orders that a person being detained be produced before a judge for a hearing to decide whether the detention is lawful. Habeas corpus was one of the concessions the British Monarch made in the Magna Carta and has stood as a basic individual right against arbitrary arrest and imprisonment.
Hearsay
Any evidence that is offered by a witness of which they do not have direct knowledge but, rather, their testimony is based on what others have said to them. When testifying in court, the basic rule is that you can only provide information of which you have direct knowledge. In other words, hearsay evidence is not allowed.
Hire-purchase agreement
A contract where an owner of goods leases them at a cost which allows for the payment of the total value of the goods in installments. In such contracts the hirer has the option to purchase the goods during or at the end of the period of lease.
Homicide
All occasions where one human being, by act or omission, takes away the life of another. Murder and manslaughter are different kinds of homicide.
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