Accident - Law Dictionary Search Results
Home Dictionary Name: accident Page: 3homicide
homicide [Latin homicidium, from homo human being + caedere to cut, kill] 1 : a person who kills another 2 : the killing of one human being by another compare manslaughter, murder criminal homicide : homicide committed by a person with a criminal state of mind (as intentionally, with premeditation, knowingly, recklessly, or with criminal negligence) deliberate homicide : homicide caused purposely and knowingly used in Montana excusable homicide : homicide that is committed by accident or misfortune by a person doing a lawful act by lawful means with usual and ordinary caution and without any unlawful intent and that is excused under the law with no criminal punishment imposed ;also : justifiable homicide in this entry felonious homicide : homicide committed without justification homicide by misadventure : homicide that occurs as the result of an accident caused by a person doing a lawful act with no unlawful intent justifiable homicide : homicide that is committed in self-...
Negligence
Negligence, acting carelessly, a question of law or fact or of mixed fact and law, depending entirely upon the nature of a duty, which the person charged with negligence has failed to comply with or perform in the particular circumstance of each case. A very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the degree of care undertaken or required in each case, i.e., (1) ordinary, which is the want of ordinary diligence; (2) slight, the want of great diligence; and (3) gross, the want of slight diligence. A smaller degree of negligence will render a person liable for injury to infants than in the case of adults, see Cooke v. Midland Great Western Railway, 1909 AC 229; and Glasgow Corporation v. Taylor, (1922) 1 AC 44. There is also a peculiar duty to take precaution in the case of dangerous Articles, see Dominion Natural Gas Co. v. Collins, 1909 AC 640. This case should be distinguished from the principle in Fletche...
Vis major
Vis major, insuperable accident, irresistible force. See ACT OF GOD.Means 'act of God' is a mere short way of expressing the proposition that a common carrier is not liable for any accident as to which he can show that it is due to natural causes directly and exclusively, without human intervention, and that it could not have prevented by any amount of foresight and pains and care reasonably to be expected for him, Baldeo Narain v. State of Bihar, AIR 1959 Pat 442....
Total disablement
Total disablement, means such disablement whether of a temporary or permanent nature as incapacities a workman for all work which he was capable of performing at the time of the accident resulting in such disablement, National Insurance Co. Ltd. v. Mohd. Saleem Khan, (1992) 2 Civ LJ 46. [Workmen's Compensation Act, 1923 (8 of 1923), s. 2(1)(l)]The expression 'total disablement' has been defined in s. 2(1) of the Workmen's Compensation Act, 1923 as follows: (1) 'total disablement' means such disablement, whether of a temporary or permanent nature, as incapacitates workman for all work which he was capable of performing at the time of the accident resulting in such disablement, Pratap Narain Singh Deo v. Shrinivas Sabata, AIR 1976 SC 222: (1976) 1 SCC 289: (1976) 2 SCR 872....
Owner
Owner, for the purposes of the Public Health Act, 1936, s. 343, replacing s. 4 of the Public Health Act, 1875, the Factory and Workshop Act, 1901, and the London Building Acts (Amendment) Act (5 Edw. 7, c. ccix.), 'the person for the time being receiving the rack-rent of the premises in connection with which the word is used, whether on his own account or as agent or trustee, or who would so receive the same if the same were let at a rack-rent' (see that title), and Kensington Corporation v. Allen, (1926) 1 KB 576.In relation to an industrial undertaking, means the person who, or the authority which, has the ultimate control over the affairs of the undertaking, and, where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent shall be deemed to be the owner of the undertaking. [Industries (Development and Regulation) Act, 1951 (65 of 1951), s. 3 (f)]In relation to an undertaking, means an individual Hindu undi...
Out of
Out of, must mean caused by employment. The phrase 'out of' has an exclusive meaning also. If a man is described to be out of his employment, it means he is without a job. The other meaning of the phrase 'out of' is 'influenced, inspired, or caused by; out of pity; out of respect for him'. (Webster Comprehensive Dictionary International Edition 1984). In the context of s. 2(8), the words 'out of' indicate that the injury must be caused by an accident which had its origin in the employment. A mere road accident, while an employee is on his way to his place of employment cannot be said to have its origin in his employment in the factory, Regional Director Francis De Costa v. Francis De Costa, (1996) 6 SCC 1 AIR 1996 SC 432 (434). [Employees State Insurance Act, 1948, s. 2(8)]...
Omission
Omission, is a colourless word which merely refers to the not doing of something and if the assessee does not make a return, it is an omission on his part, AIR 1956 Bom 557 (558). [Income Tax Act, 1922, s. 34(1)]The word 'omission' denotes as well a series of omissions as a single omission. (Indian Penal Code, s. 33)Means an accidental slip occurs when something is wrongly put in by accident, omission occurs when something is left out by accident, Sutherland & Co. v. Honnering Bros. Ltd., (1921) 1 KB 336.To perform a duty involves the idea that the person to act is aware that performance is required or needful, London & S.W. Ry v. Flower, 45 LJ CP 54...
Homicide
Homicide, destroying the life of a human being. In its several stages of guilt, arising from the parti-cular circumstances of mitigation or aggravation which attends it, it is either justifiable, excusable, or felonious.I. Justifiable, of three kinds:(a) Where the proper officer executes a criminal in strict conformity with his sentence.(b) Where an officer of justice, or other person acting in his aid, in the legal exercise of a particular duty, kills a person who resists or prevents him from executing it.(g) Where it is committed in prevention of a forcible and atrocious crime, 1 Hale, 488.II. Excusable, of two kinds:-(a) Per infortunium, or by misadventure, as where a man doing a lawful act, without any intention of hurt, by accident kills another; but if death ensue from any unlawful act, the offence is manslaughter, and not misadventure.(b) Se defendendo, as where a man kills another upon a sudden encounter in his own defence, or in the defence of his wife, child, parent, or serva...
no-fault
no-fault 1 : of, relating to, or being a motor vehicle insurance plan under which someone injured in an accident is compensated usually up to a stipulated limit for esp. actual losses (as for property damage, medical bills, and lost wages) by that person's own insurer regardless of who is responsible for the accident and is prohibited from or limited in his or her right to sue the responsible party 2 : of or relating to no-fault divorce [a ground for dissolution] see also no-fault divorce at divorce ...
Hire
Hire [locatio, conductio, Lat.], a bailment for a reward or compensation. It is divisible into four sorts:-(1) The hiring of a thing for use (locatio rei). (2) The hiring of work and labour (locatio operis faciendi). (3) The hiring of care and services to be performed or bestowed on the thing delivered (locatio custodi'). (4) The hiring of the carriage of goods (locatio operis mercium vehendarum) from one place to another. The three last are but sub-divisions of the general head of hire of labour and services.The rights, duties, and obligations of the parties resulting from the contract of bailment for hire may be thus stated:-(I.) Hire of things. The letting to hire implies an obligation to deliver the thing to the hirer; to refrain from every obstruction to the use of it by the hirer during the period of the bailment; to do no act that shall deprive the hirer of the thing; to warrant the title and right of possession to the hirer, in order to enable him to use the thing, or to perfor...
- << Prev.
- Next >>