Avoidable Consequences - Law Dictionary Search Results
Home Dictionary Name: avoidable consequencesavoidable consequences
avoidable consequences : mitigation of damages ...
mitigation of damages
mitigation of damages 1 : a doctrine in tort and contract law: a person injured by another is required to mitigate his or her losses resulting from the injury [whether the patient shares any fault and whether the patient has satisfied the requirements of mitigation of damages "D'Aries v. Schell, 644 A.2d 134 (1994)"] ;also : an affirmative defense based on this doctrine called also avoidable consequences 2 : a reduction in the amount of damages awarded a party ...
Bar, plea in
Bar, plea in, a pleading showing some ground for barring or defeating an action at Common Law. A plea in bar was therefore distinguished from all pleas of the dilatory class, as impugning the right of action altogether, instead of merely tending to divert the proceedings to another jurisdiction, or suspend them, or abate the particular writ or declaration. It was, in short, a substantial and conclusive answer to the action. It followed from this property, that, in general, it must either deny all, or some essential part of, the averments of fact in the declaration, or, admitting them to be true, allege new facts which obviated or repelled their legal effect. In the first case the defendant was said, in the language of pleading, to traverse the matter of the declaration; in the latter, to confess and avoid it. Pleas in bar were consequently divided into (1) pleas by way of traverse, and (2) pleas by confession and avoidance.In Equity, a plea in bar was a defence resorted to when there w...
in status
in status It's important to understand the concept of immigration status and the consequences of violating that status. Being aware of the requirements and possible consequences will make it more likely that you can avoid problems with maintaining your status. Every visa is issued for a particular purpose and for a specific class of visitor. Each visa classification has a set of requirements that the visa holder must follow and maintain. Those who follow the requirements maintain their status and ensure their ability to remain in the United States. Those who do not follow the requirements violate their status and are considered "out of status." For more information see "Out of Status" below. In Status means you are in compliance with the requirements of your visa type under immigration law. For example, you are a foreign student who entered the United States on a student visa. If you are a full time student and pursuing your course of study, and are not engaged in unauthorized empl...
duress
duress [Anglo-French duresce, literally, hardness, harshness, from Old French, from Latin duritia, from durus hard] : wrongful and usually unlawful compulsion (as threats of physical violence) that induces a person to act against his or her will : coercion ;also : the affirmative defense of having acted under duress see also economic duress compare necessity, undue influence NOTE: A person may be able to avoid the consequences of his or her acts under the law if they were performed while under duress. For example, a contract made under duress is voidable by the coerced party. Similarly, a will signed under duress is invalid. Duress may also be used to justify a criminal act. A threat to bring a lawsuit is not duress. ...
Collision of ships
Collision of ships, the striking or running foul of one ship against another. The remedy is either an action at law or a suit in the Admiralty Division. The possibilities under which a collision may occur, and the rules acted on by the Court of Admiralty, have been thus stated by Lord Stowell in The Woodrop-Sims, (1815) 2 Dodson, 85:-'In the first place, it may happen without blame being imputable to either party: as where the loss is occasioned by a storm or any other vis major, in that case the misfortune must be borne by the party on whom it happens to light, the other not being responsible to him in any degree. Secondly, a misfortune of this kind may arise where both parties are to blame, where there has been a want of due diligence or of skill on both sides: in such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering party only, and then the rul...
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...
Cautious
Attentive to examine probable effects and consequences of acts with a view to avoid danger or misfortune prudent circumspect wary watchful as a cautious general...
Void
Void, 'the erosion of the distinction between juris-dictional errors and non-jurisdictional errors has, correspondingly eroded the distinction between void and voidable decision. The courts have become increasingly impatient with the distinction, to the extent that (1) All official decisions are presumed to be valid until set aside or otherwise held to be invalid by a court of competent jurisdiction', Judicial Review of Administrative Action, De Smith, Woolf and Jowell, 1995 Edn., p. 259-60.Void, denotes 'if an act or decision, or an order or other instrument is invalid, it should, in principal be null and void for all purposes; and it has been said that there are no degrees of nullity. Even though such an act is wrong and lacking in jurisdiction, however, it subsists and remains fullyeffective unless and until it is set aside by a court of competent jurisdiction. Until its validity is challenged, its legality is preserved', Halsbury's Laws of England, 4th Edn., (Re-issue), Vol. 1(1), ...
Prerogative of mercy
Prerogative of mercy. In early times the operation of the Royal Prerogative of Mercy was far wider than at the present day, as it was not only extended to some persons who in later ages would not be considered to have incurred any criminal respon-sibility, e.g., persons who had committed homicide by misadventure or in self-defence (Pollock and Maitland's Hist. Engl. Law, vol. ii., pp. 476 et seq.), but was even extended to jurors who had been attained for an oath that, though not false, was fatuous: ibid. p. 661. The power of pardoning offences is stated by Blackstone to be one of the great advantages of monarchy in general above every other form of government, and which cannot subsist in democracies. Its utility and necessity are defended by him on all those principles which do honour to human nature: see 4 Bl. Com. c. 31, p. 397. In early times, again, there were fewer offences that did not admit of being pardoned. In appeals (i.e., private accusations of felony) which were not the s...
- << Prev.
- Next >>