Contributory Fault - Law Dictionary Search Results
Home Dictionary Name: contributory faultcontributory fault
contributory fault : responsibility for aiding in the accomplishment of a bad result (as an injury) ;specif : responsibility of a promisor for causing his or her promise to be impossible to perform NOTE: A promisor who is guilty of contributory fault cannot invoke the defense of impossibility. ...
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 ...
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)...
fault
fault [Anglo-French faute lack, failing, ultimately from Latin fallere to deceive, disappoint] 1 : a usually intentional act forbidden by law ;also : a usually intentional omission to do something (as to exercise due care) required by law see also negligence compare no-fault strict liability at liability NOTE: Sometimes when fault is used in legal contexts it includes negligence, sometimes it is considered synonymous with negligence, and sometimes it is distinguished from negligence. Fault and negligence are the usual bases for liability in the law of torts. 2 : responsibility for an act or omission that causes damage or injury to another [relative degrees of ] see also comparative fault at fault : liable or responsible based on fault [was not at fault] ...
Contributory
Contributory, a person liable to contribute to the assets of a company in the event of it being wound up. See also Re Aidall Ltd., 1933 Ch 323. Two lists of contributories are prepared by the liquidator, viz., one (the 'A list') of those who are shareholders at the time of the winding-up order, and who are primarily liable to contribute, and another (the 'B list') of those who have ceased to be shareholders but have been shareholders within the twelve months previously, and who are liable in a secondary degree. A shareholder may sometimes avoid liability by transfer to a pauper. See Re Discoveries Finance Corporation, (1910) 1 Ch 312, but see Hyam's Case, (1859) 1 De 9 F&J 75. Directors with unlimited liability of a limited company are (in addition) liable as if they were members of an unlimited company unless they have ceased to hold office for a year or upwards before the commencement of the winding-up. See generally (English) Companies Act, 1929, ss. 157-192; COMPANY, and LIMITED LI...
contributory
contributory 1 : characterized by or making contributions to a common fund or enterprise ;specif : of, relating to, or being an employee benefit plan to which both employers and employees make contributions 2 : helping to bring about an end or result [ infringement] ...
contributory negligence
contributory negligence see negligence ...
no-fault
no-fault 1 : of, relating to, or being a motor vehicle insurance plan under which someone injured in an accident is compensated usually up to a stipulated limit for esp. actual losses (as for property damage, medical bills, and lost wages) by that person's own insurer regardless of who is responsible for the accident and is prohibited from or limited in his or her right to sue the responsible party 2 : of or relating to no-fault divorce [a ground for dissolution] see also no-fault divorce at divorce ...
Contributory mortgage
Contributory mortgage, a mortgage in which the money secured is advanced by two or more lenders in separate amounts. It is not available for trustees in the absence of an express power, Webb v. Jonas, (1888) 39 Ch D 660....
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