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Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
Term used in contract law to specify terms that are voided or confirmed in effect from the execution of the contract. Cf. ex nunc. Ex turpi causa non oritur actio: ex nunc: from now on Term used in contract law to specify terms that are voided or confirmed in effect only in the future and not prior to the contract, or its adjudication. Cf. ex ...
A good deal of confusion has been caused in South African law by the expression warranty, which has a variety of technical meanings in English law. In South Africa, the word warranty is non-technical and simply means "term". Unfortunately, the use of the words condition and warranty in the English-law sense is relatively common in South Africa ...
English law in this respect is at variance with the South African law of contract, according to which non-vital terms may also qualify as warranties. Nevertheless, it is the English view that has been received in the South African case law on insurance. A term may be "vital," first and foremost, because of the importance of its subject matter.
Barkhuizen v Napier is an important case in South African contract law.It was heard in the Constitutional Court of South Africa on 4 May 2006 and decided on 4 April 2007. . The judges were Chief Justice Pius Langa, Deputy Chief Justice Dikgang Moseneke, and Justices Tholie Madala, Yvonne Mokgoro, Sandile Ngcobo, Bess Nkabinde, Kate O'Regan, Albie Sachs, Thembile Skweyiya, Johann van der ...
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In English common law: "nolle prosequi" merely means that the (public) prosecutor is unwilling to continue with the prosecution; it doesn't disbar continuation of the case at a later date, if the (public) prosecutor so wishes. This is incorrect. If the Attorney General issues a nolle prosequi, no-one may prosecute the charges.