At Risk Rule - Law Dictionary Search Results

Trespasser

a person owes no duty to a trespasser, the rule being that a man trespasses at his own risk, Grand Trunk Railway of Canada v. Barnett, 1911 AC 370; and see Latham v. R. Johnson & Nephew,

or when the party claims an interest that may substantially affect the other parties or may be put at risk by the action joinder of remedies : a joining of two claims in one action even though one … of a party to a suit made for the purpose of manufacturing federal jurisdiction NOTE: Under the Federal Rules of Civil Procedure a federal district court will not have jurisdiction when collusive joinder is made. compulsory joinder

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special hazard rule

route or when the employee would not have been there if not for the employment and usually the risks associated with the location are distinctive or greater than the risk common to the public. … special hazard rule : an exception to the going and coming rule that allows an employee to recover from an employer

knock and announce rule

and purpose before entering a premises in execution of a search or arrest warrant unless special circumstances (as risk of harm to the police) warrant unannounced or forcible entry compare exigent circumstances no-knock search warrant at warrant … knock and announce rule : a rule of criminal procedure requiring that police announce their authority and purpose before entering a premises

Contract for sale of land

of the contract of sale the property belongs in equity to the purchaser and is at the purchaser's risk, see INSURANCE, but until the date of completion or other agreed data such as when a good title … for sale of land is a contract uberrim' fidei. This doctrine apparently only relates to the title; the rule caveat emptor is generally applicable to the physical nature or qualities of the land sold, apart from any

Common employment

as an implied part of the contract take upon himself, as between himself and his master, the natural risks and perils incident to the performance of such services; the presumption of law being that the compensation was … Common employment. The general rule that a master is liable for damage caused by the negligence of his servant has the exception that

force

preventing resistance from another dead·ly force : force that is intended to cause or that carries a substantial risk of causing death or serious bodily injury compare nondeadly force in this entry NOTE: As a general rule,

Registration of title of land

purchaser will not acquire the legal estate, and until that takes place the purchaser is open to the risk of the vendor establishing or perfecting equities against him and even fradulently conveying the same land to another … the (English) Law of Property Act, 1925, may, and in districts where registration is compulsory must, as a rule be registered except leaseholds having not more than 21 years unexpired, and except all mortgage terms where there

Hire

(1) if the work is independent of any materials or property of the employer, the manufacturer has the risk, and the unfinished work is lost to him; (2) if he is employed in working up the material, … losses not occasioned by the ordinary negligence of himself or of his servants. The exceptions to this general rule are post-masters, innkeepers, and common carriers, who are under peculiar regulations consonant with public policy; see those titles

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