Assumption - Law Dictionary Search Results
Home Dictionary Name: assumptionassumption of risk
assumption of risk :a doctrine that a person may in advance relieve another person of the obligation to act towards him or her with due care and may accept the chance of being injured ;also : an affirmative defense that the plaintiff cannot receive compensation for injuries from the defendant because the plaintiff freely and knowingly assumed the risk of injury and relieved the defendant of the obligation to act with reasonable care compare contributory negligence at negligence, volenti non fit injuria NOTE: Assumption of risk may be express or may be implied from the plaintiff's words and actions. Assumption of risk has been abolished in certain types of cases, such as workers' compensation cases. ...
Assumption
Assumption, means a fact or statement taken for granted; a supposition e.g. a logical assumption. The act of taking (esp. someone else's debt or other obligation) for or on oneself; the agreement to so take e.g. assumption of a debt, Black Law Dictionary 7th Edn., p. 120....
Assumption of the risk
Assumption of the risk, means the act or an instance of a prospective plaintiff's taking on the risk of loss, injury, or damage e.g. the skydiver's assumption of the risk, Black Law Dictionary 7th Edn., p. 121....
assumption clause
assumption clause a provision in the terms of a loan that allows the buyer to take legal responsibility for the mortgage from the seller. Source: U.S. Department of Housing and Urban Development ...
Assumption clause
Assumption clause, means a mortgage provision that prohibits another from assuming the mortgage without the permission of the mortgagee. A provision by which the transferee of an instrument agrees to assume an obligation of the transferor, Black Law Dictionary 7th Edn., p. 121....
defense
defense 1 : the act or action of defending see also self-defense 2 a : the theory or ground that forms the basis for a defendant's opposition to an allegation in a complaint or to a charge in a charging instrument (as an indictment) ;also : the evidence and arguments presented supporting the defendant's opposition see also accord, alibi, assumption of risk, coercion, consent contributory negligence at negligence, denial, diminished capacity, duress, entrapment, estoppel, fraud, infancy, insanity, intoxication, laches, mistake, necessity, res judicata, statute of limitations absolute defense : complete defense in this entry af·fir·ma·tive defense : a defense that does not deny the truth of the allegations against the defendant but gives some other reason (as insanity, assumption of risk, or expiration of the statute of limitations) why the defendant cannot be held liable NOTE: The defendant bears the burden of proof as to affirmative defenses. choice of evils d...
Freedom of speech
Freedom of speech, Freedom of speech presupposes that right conclusions are more likely to be gathered out of a multitude of tongues than through any kind of authoritative selection. It rests on the assumption that the widest possible dissemination of information from as many diverse and antagonistic sources as possible is essential to the welfare of the public. It is function of the Press to disseminate news from as many different sources and with as many different facts and colours as possible. A citizen is entirely dependent on the Press for the quality, proportion and extent of his news supply. In such a situation, the exclusive and continues advocacy of one point of view through the medium of a newspaper which holds a monopolistic position is not conductive to the formation of healthy public opinion. If the newspaper industry is concentrated in a few hands, the chance of an idea antagonistic to the idea of the owners getting access to the market becomes very remote. But our consti...
Retrenchment
Retrenchment, in its ordinary connotation is discharge of labour as surplus though the business or work itself is continued, S.M. Nilajkar v. Telecom District Manager, (2003) 4 SCC 27.Means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action but does not include--(a) voluntary retirement of the workman; or(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or(c) termination of the service of a workman on the ground of continued ill-health. [Industrial Disputes Act, 1947 (14 of 1947), s. 2 (oo)]T...
Titles (Ecclesiastical)
Titles (Ecclesiastical). By the (English) Ecclesiastical Titles Assumption Act, 1851, the assumption of the title of archbishop or bishop of a pretended province or diocese, or archbishop or bishop of a city, place, or territory in England or Ireland, not being the see, province, or diocese of an archbishop or bishop, recognized by law, was prohibited under penalties; but this Act (which was passed after great public excitement, in consequence of the division of England into Roman Catholic dioceses by Pope Pius IX., under Cardinal Wiseman, as Archbishop of Westminster) was never enforced, and has been repealed by the Ecclesiastical Titles Act, 1871....
assumable mortgage
assumable mortgage when a home is sold, the seller may be able to transfer the mortgage to the new buyer. This means the mortgage is assumable. Lenders generally require a credit review of the new borrower and may charge a fee for the assumption. Some mortgages contain a due-on-sale clause, which means that the mortgage may not be transferable to a new buyer. Instead, the lender may make you pay the entire balance that is due when you sell the home. An assumable mortgage can help you attract buyers if you sell your home. Source: U.S. Department of Housing and Urban Development ...
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