Comparative Negligence - Law Dictionary Search Results
Home Dictionary Name: comparative negligencecomparative negligence
comparative negligence see negligence ...
comparative fault
comparative fault : a doctrine in torts in which the fault attributable to each party is compared and any award to the plaintiff is reduced in proportion to the plaintiff's share of the fault : comparative negligence at negligence compare contributory negligence at negligence strict liability at liability ...
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...
verdict
verdict [alteration (partly conformed to Medieval Latin veredictum) of Anglo-French veirdit statement, finding, verdict, from Old French veir true (from Latin verus) + dit saying, from Latin dictum] 1 : the usually unanimous finding or decision of a jury on one or more matters (as counts of an indictment or complaint) submitted to it in trial that ordinarily in civil actions is for the plaintiff or for the defendant and in criminal actions is guilty or not guilty compare judgment compromise verdict : a verdict produced not by sincere unanimous agreement on guilt or liability but by an improper surrender of individual convictions ;specif : an impermissible verdict by a jury that is unable to agree on liability and so compromises on an award of damages that is less than what it should be if the plaintiff has a right of recovery free from any doubts di·rect·ed verdict 1 : a verdict granted by the court when the party with the burden of proof has failed to present sufficie...
recklessness
recklessness : the quality or state of being reckless ;also : reckless conduct compare negligence NOTE: Recklessness may be the basis for civil and often criminal liability. Unlike negligence it requires conscious disregard of risk to others. ...
Contributory negligence
Contributory negligence, the question of contributory negligence arises when there has been some act or omission on the claimant's part, which has materially contributed to the damage caused, and is of such a nature that it may properly be described as 'negligence', Pramod Kumar Rasikbhai Lhaveri v. Karmasey Kunvarji Tok, (2002) 6 SCC 455: AIR 2002 SC 2864 (2866). [Motor Vehicles Act, 1988]Negligence on the part of a plaintiff disentitling him to recover. 'Sometimes, however, he [the defendant] is driven to admit that he was guilty of some negligence, which may have been one of the causes conducting to the plaintiff's injury. But at the same time he asserts that the plaintiff was himself negligent, and that it was this negligence on the part of the plaintiff, and not his own, that was the proximate or decisive cause of the injury for which the plaintiff now seeks to recover damages from him. This is called the defence of contributory negligence.'-Odgers on the Common Law, 2nd Edn., p. ...
Negligence, contributory negligence
Negligence, contributory negligence, the question of contributory negligence arises when there has been some act or omission on the claimant's part, which has materially contributed to the damage caused, and is of such a nature that it may properly be described as 'negligence'. Negligence ordinarily means breach of a legal duty to care, but when used in the expression 'contributory negligence' it does not mean breach of any duty. It only means the failure by a person to use reasonable care for the safety of either himself or his property, so that he becomes blameworthy in part as an 'author of his own wrong', Pramod Kumar Rasikbhai Jhaveri v. Kanmasey, AIR 2002 SC 2864 (2866): (2002) 6 SCC 455. (Motor Vehicles Act, 1988, s. 168)...
Negligence per se
Negligence per se, conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to the particular surrounding circumstances, either because it is in violation of a statute or valid municipal ordinance, or because it is so palpably opposed to the dictates of common prudence that it can be said without hesitation or doubt that no careful person would have been guilty of it. As a general rule, the violation of a public duty, enjoined by law for the protection of person or property, so constitutes, Black's Law Dictionary; See also State of Haryana v. Santra, (2000) 5 SCC 182.Negligence per se is defined as 'Conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to be particular surrounding circumstances, either because it is in violation of a statute or valid municipal ordinance, or because it is so palpably opposed to the dictates of common prudence that it can be ...
culpable negligence
culpable negligence : criminal negligence at negligence ...
Accident occasioned by negligence
Accident occasioned by negligence. As to the recovery of damages for injuries in such cases, see NEGLIGENCE. As to the rights of wife, husband, parent or child of person killed in such an accident, see CAMPBELL'S (LORD) ACT. Any adopted or illegitimate person is included in the expression 'parent or child' for the purposes of the Law Reform (Miscellaneous Provisions) Act, 1934 (24 & 25 Geo. 5, c. 41).In Criminal Law a result is said to be accidental when caused unintentionally and in such circumstances that a person of ordinary prudence would not have taken precautions to prevent its occurrence.In policies of insurance against accident the meaning of 'accident' depends on the context, but includes results brought about by the negligence of the assured and other persons. See Macgillivray on Insurance Law; Re Scarr, 1905 (1) KB 387....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial