Latin for Lawyers

L ATIN FOR L AWYERS

information imputed to the recipient who fails to act with care or diligence to acquire knowledge which he has a duty to acquire. NOTORIOUS [L. nosco, noscere / to get to know, become acquainted with] Generally known, a matter of common knowledge. Openly displayed. Notori ous cohabitation describes two adult persons who live together without bene fit of marriage. Open and notorious possession , a requisite of adverse possession, is possession of property which is so public and open as to be deemed to come inescapably and inevitably to the attention and awareness of the owner. NOVATION [L. novare / to make new; to renew, revive] The substitution of one party to an agreement for another; the original parties agree that one will be released or discharged and another bound in his place. Substitution of a new or revised agreement, debt, note or obligation, for an existing one. NOVUS ACTUS INTERVENIENS [L. novus / new + agere / to set in motion + intervenire / to come between, to intervene] A new and intervening act. In tort law, an act or cause that comes into play following the act constituting the defendant’s negligence and that contributes to the damage or injury complained of by the plaintiff. See INTERVENING CAUSE NUDA POSSESSIO Bare or naked possession. NUDUM PACTUM [L. nudus / bare or naked + pactum / an agreement or pact] A voluntary promise made without consideration, usually as an act of affec tion or good will. NUDUM PACTUM EX QUO NON ORITUR ACTIO No action arises from a bare promise. NUGATORY [L. nugor, nugari / to trifle, to be futile or unimportant] A futile or ineffectual act. Having no force. A statute which is unconstitu tional is said to be nugatory . NUISANCE [L. nocere / to hurt, harm] Harm or injury. Anything annoying, noxious or injurious. An act or deed, or a continuing condition, which results in damage or inconvenience to another. An activity conducted by one person in the use or maintenance of his prop erty which is detrimental or harmful to another person. Any action or condi-

259