Careless - Law Dictionary Search Results
Home Dictionary Name: carelesscareless
careless : not showing due care : negligent [ driving] compare reckless ...
Carelessly
In a careless manner...
Carelessness
The quality or state of being careless heedlessness negligence inattention...
Incuria
Incuria, literally means 'carelessness'. In practice per incuriam appears to mean per ignoratum. English courts have developed this principle in relaxation of the rule of stare decisis. The quotable in law is avoided and ignored if it is rendered, 'in ignoratium of a statute or other binding authority, Young v. Bristol Aeroplace Co. Ltd., (1944) 2 All ER 293: 1944 KB 718.literally means 'carelessness', State of Uttar Pradesh v. Synthetics and Chemicals Ltd., (1991) 4 SCC 139.literally means 'carelessness', Mayuram Subramanian Srinivasan, (2006) 5 SCC 752.Incuria, literally means 'carelessness' . In practice per incuriam is taken to mean per ignoratium. English courts have developed this principle in relaxation of the rule of stare decisis. The 'quotable in law', as held in Young v. Bristol Aeroplane Co. Ltd., 1944 KB 718 is avoided and ignored if it is rendered 'in ignoratium of a statute or other binding authority'. Same has been accepted, approved and adopted by this Court while inte...
Misconduct
Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour; its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness, (Black's Law Dictionary), N.G. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135.The word 'misconduct' is not capable of precise definition, but at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or...
Negligent
Apt to neglect customarily neglectful characterized by negligence careless heedless culpably careless showing lack of attention as disposed in negligent order...
Breach of trust
Breach of trust, a violation of duty by a trustee, executor, or other person in a fiduciary position.In some cases a breach of trust may be a comparatively venial offence, arising from the trustee having honestly misconstrued the deed or will creating the trust either as to the persons entitled, or as to his powers of investment of or dealing with the trust property, or having otherwise erred in the discharge of his strict duty; in other cases he may have been guilty of negligence or carelessness involving at least some degree of moral blame; or, in other cases again, he may have committed some gross fraud. But in all these cases alike the trustee is personally responsible at the suit of the beneficiaries for any loss which may have resulted, and the rules of equity on the subject were extremely strict and were enforced with great severity by the Court of Chancery. In later times, however, the Court was not quite so astute in fixing honest trustees with liability for breach of trust as...
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...
Wilful
Wilful, deliberate conduct of a person who is a free agent, knows that he is doing and intends to do what he is doing, Dictionary of Law by L.B. Curzon, p. 361. See also Chordia Automobiles v. S. Moosa, (2000) 3 SCC 282.Means 'governed by Will without yielding to reason or without regard to reason; obstinately or perversely self-willed, Webster's Third New International Dictionary, p. 2617; see also Chordia Automobiles v. S. Moosa, (2000) 3 SCC 282.Means intentional; not incidental or involuntary.Wilful means done intentionally, knowingly, and purposely, without justifiable excuse as distingui-shed from an act done carelessly; thoughtlessly, heedlessly or inadvertently;In common parlance word wilful is used in sense of intentional, as distinguished from accidental or involuntary, Word and Phrases, Chordia Automobiles v. S. Moosa, (2000) 3 SCC 282.Means an act or omission which is done voluntarily and intentionally and with the specific intent to do something the law forbids or with the...
breach
breach 1 a : a violation in the performance of or a failure to perform an obligation created by a promise, duty, or law without excuse or justification breach of duty : a breach of a duty esp. by a fiduciary (as an agent or corporate officer) in carrying out the functions of his or her position breach of trust : a breach by a trustee of the terms of a trust (as by stealing from or carelessly mishandling the funds) breach of warranty : a breach by a seller of the terms of a warranty (as by the failure of the goods to conform to the seller's description or by a defect in title) NOTE: A seller may be liable for a breach of warranty even without any negligence or misconduct. b : failure without excuse or justification to fulfill one's obligations under a contract called also breach of contract compare repudiation an·tic·i·pa·to·ry breach : a breach of contract that occurs as a result of a party's anticipatory repudiation of the contract ef·fi·c...
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