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Fair market value
The hypothetical most probable price
that could be obtained for a property by average, informed purchasers.
Fee simple
The most extensive tenure allowed under
the feudal system allowing the tenant to sell or convey by will
or be transfer to a heir if the owner dies intestate. 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.
Fee tai
A form of tenure under the feudal system
that could only be transferred to a lineal descendant. If there
were no lineal descendants upon the death of the tenant, the land
reverted back to the lord.
Felony
A serious crime for which the punishment
is prison for more than a year or death. Crimes of less gravity
are called misdemeanours. This term is no longer used in England
or other Commonwealth countries but remains a major distinction
in the United States. Historically, in England, the term referred
to crimes for which the punishment was the loss of land, life or
a limb.
Feudal system
A social structure that existed throughout
much of Europe between 800 and 1400 and that revolved around a multi-level
hierarchy between lords (who held land granted under tenure from
the king), and their tenants (also called "vassals").Tenants
would lease land from the lord in exchange for loyalty and goods
or services, such as military assistance or money. In exchange,
the tenant would be protected from attack.
Fiduciary
Normally, the term is synonymous to
a trustee, which is the classic form of a fiduciary relationship.
A fiduciary has rights and powers which would normally belong to
another person. The fiduciary holds those rights which he or she
must exercise to the benefit of the beneficiary. A fiduciary must
not allow any conflict of interest to infect their duties towards
the beneficiary and must exercise a high standard of care in protecting
or promoting the interests of the beneficiary. Fiduciary responsibilities
exist for persons other than trustees such as between solicitor
and client and principal and agent.
Fieri facias
A writ of fieri facias commands a sheriff
to take and sell enough property from the person who lost the law
suit, to pay the debt owed by the judgment.
Force majeure
French for an act of God; an inevitable,
unpredictable act of nature, not dependent on an act of man. Used
in insurance contracts to refer to acts of nature such as earthquakes
or lightning.
Foreclosure
The technical meaning of the word is
to wipe out a right of redemption on a property. Generally, this
is what happens when someone does not pay their mortgage. Even though
there has been no payments, the borrower retains a equitable right
of redemption if, some day, he or she were able to find the money
and try to exercise their right of redemption. To clear the title
of this potential, a lender goes to court, demonstrates the default,
requests that a date be set where the entire amount becomes payable
after which, in the absence of payment, the lender is automatically
relieved of the requirement to redeem the property back to the borrower;
the debtor's right of redemption is said to be forever barred and
foreclosed. This cancels all rights a borrower would have in the
property and the property then belongs entirely to the lender, who
is then free to possess or sell the property. The word is frequently
used to generally refer to the lender's actions of repossessing
and selling a property for default in mortgage payments.
Fraud
Deceitful conduct designed to manipulate
another person to give something of value by (1) lying, (2) by repeating
something that is or ought to have been known by the fraudulent
party as false or suspect or (3) by concealing a fact from the other
party which may have saved that party from being cheated. The existence
of fraud will cause a court to void a contract and can give rise
to criminal liability.
Freehold
A special right granting the full use
of real estate for an indeterminate time. It differs from leasehold,
which allows possession for a limited time. There are varieties
of freehold such as fee simple and fee tail.
Freeholder
A person who owns freehold property
rights (i.e. in a piece of real estate; either land or a building).
Fugitive
One who runs away to avoid arrest,
prosecution or imprisonment. Many extradition laws also call the
suspect a "fugitive" although, in that context, it does
not necessarily mean that the suspect was trying to hide in the
country from which extradition is being sought.
Functus officio
Latin: an officer or agency whose mandate
has expired either because of the arrival of an expiry date or because
an agency has accomplished the purpose for which it was created.
Fungibles
Goods which are comprised of many identical
parts such as a bushel of grain or a barrel of apples or oil, and
which can be easily replaced by other, identical goods. If the goods
are sold by weight or number, this is a good sign that they are
fungible.
Furiosi nulla voluntas est
A Latin expression that mentally impaired
persons cannot validly sign a will.
© Lloyd Duhaime 1994-1999. The researcher-writer of Duhaime's
Legal Dictionary is a lawyer, Lloyd
Duhaime. For the litigious souls out there with no respect
for the generosity of spirit that goes into this free world wide
web legal dictionary, please be advised that you are using this
dictionary entirely at your own risk with no warranty on content
whatsoever. Also, the information provided in this document is
internationally copyright protected. "Duhaime's Law Dictionary"
does not cover common English words unless they have a distinct
meaning in the law. If you have a good suggested addition for
Duhaime's Law Dictionary, please e-mail
Lloyd at lloyd@duhaime.org but note that this project is volunteer
and he may not be able to research and write the definition immediately
or, depending on how busy he may be with his clients, even find
time to reply.
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