soundness


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See: certainty, competence, health, honesty, legitimacy, quality, sanity, strength, validity, welfare

SOUNDNESS. In usual health; without any permanent disease. 1 Carr. & Marsh. 291. To create unsoundness, it is requisite that the animal should not be useful for the purpose for which he is bought, and that inability to be so useful should arise from disease or accident. 2 M. & Rob. 137; 9 M. & W. 670. 2 M. & Rob. 113.
     2. In the sale of slaves and animals they are sometimes warranted by the seller to be sound, and it becomes important to ascertain what is soundness. Roaring; (q.v.) a temporary lameness, which renders a horse less fit for service; 4 Campb. 271; sed vide 2 Esp. Cas. 573; a cough, unless proved to be of a temporary nature; 2 Chit. R. 245, 416; and a nerved horse, have been held to be unsound. But cribbiting is not a breach of a general warranty of soundness. Holt, Cas. 630.
     3. An action on the case is the proper remedy for a verbal warrant of soundness. 1 H. Bl. R. 17; 3 Esp. 82; 9 B. & Cr. 259; 2 Dow. & Ry. 10; 1 Bing. 344; 5 Dow. & R. 164; 1 Taunt. 566; 7 East, 274; Bac. Ab. Action on the Case, E.

References in periodicals archive ?
The Notices further alleged that Ulrich and Diehl McCarthy's misconduct resulted in a substantial monetary loss to the Bank and demonstrated personal dishonesty and a willful or continuing disregard for the safety or soundness of the Bank.
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The original Safety and Soundness Blueprint laid out the means and process by which to rebuild capital at Fannie and Freddie as shareholder-owned single-purpose insurers, refocused on their core conventional mortgage guarantee business, de-levered, and held to the highest regulatory and capital standards.
Hence, it should be reviewed by the people,' he said, adding that it is not a an issue on constitutionality but a question of the soundness of the argument of the Supreme Court.
In particular, the main features of the methodology of financial soundness indicators, its compliance with the Basel principles, accounting principles and international experience were discussed in details at the seminar.
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"At no time during this process did anyone from the OCC express any suggestion that the rule that was under development could threaten the safety and soundness of the banking system," Cordray wrote.