Prescription

Business, Legal & Accounting Glossary

Definition: Prescription


Prescription


What is the dictionary definition of Prescription?

Dictionary Definition


n. the method of acquiring an easement upon another’s real property by continued and regular use without permission of the property owner for a period of years required by the law of the state (commonly five years or more). Examples: Phillip Packer drives across the corner of Ralph Roundup’s ranch to reach Packer’s barn regularly for a period of ten years; for a decade Ronald Retailer uses the alley behind Marjorie Howard’s house to reach his storeroom. In each case the result is a “prescriptive easement” for that specific use. It effectively gives the user an easement for use but not ownership of the property.


Full Definition of Prescription


Medical Prescription

It should be noted that the payment of a prescription fee to obtain medicines from a pharmacist does not create a contract between the purchaser and the pharmacist. The prescription fee is a tax, not a payment. This means that if you receive an incorrect prescription from an incompetent pharmacist and, for example, your leg falls off, you don’t have a claim in breach of contract against the pharmacist. You might, however, have a claim in Negligence. You probably wouldn’t have a claim under that ConsumerProtectionAct1987, unless the pharmacist actually produces the medicine himself, according to his own specification. If he simply took the wrong bottle off the shell, your injury does not result from a defect in the medicine, and will not be covered by the Act.

Prescription Of Easements

An easement can be acquired in various ways. Although there are various ways to acquire by prescription, all have the common feature that the easement must have been exercised for a ‘long’ time (typically more than 20 years), and it must have been exercised as of right, without secrecy, and without compulsion (nec vi, nec clam, nec precario). The use must be continuous, and not illegal. In general, prescription-only operates between Freehold estates: a leaseholder cannot acquire an easement by prescription against his landlord. There are essentially three forms of prescription: common law prescription, Lost Modern Grant, and under the Prescription Act 1832. All easements acquired by prescription are deemed to be legal, rather than equitable, interests in land. They are therefore capable of being overriding interests under the land registration act (1925) and the Land Registration Act 2002.

Prescription Of Nuisance

Prescription is a defence to a claim of private nuisance. The defendant must show that he or she has been committing the nuisance for 20 years and that the claimant did not object in that time.


Cite Term


To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.

Page URL
https://payrollheaven.com/define/prescription/
Modern Language Association (MLA):
Prescription. PayrollHeaven.com. Payroll & Accounting Heaven Ltd.
March 28, 2024 https://payrollheaven.com/define/prescription/.
Chicago Manual of Style (CMS):
Prescription. PayrollHeaven.com. Payroll & Accounting Heaven Ltd.
https://payrollheaven.com/define/prescription/ (accessed: March 28, 2024).
American Psychological Association (APA):
Prescription. PayrollHeaven.com. Retrieved March 28, 2024
, from PayrollHeaven.com website: https://payrollheaven.com/define/prescription/

Definition Sources


Definitions for Prescription are sourced/syndicated and enhanced from:

  • A Dictionary of Economics (Oxford Quick Reference)
  • Oxford Dictionary Of Accounting
  • Oxford Dictionary Of Business & Management

This glossary post was last updated: 30th April, 2020 | 0 Views.