Discovered Peril - Law Dictionary Search Results
Home Dictionary Name: discovered perildiscovered peril
discovered peril : last clear chance ...
last clear chance
last clear chance : a doctrine in the law of negligence: the contributory negligence of a plaintiff in putting himself or herself in peril will not bar recovery from a defendant who could have avoided injuring or killing the plaintiff by the use of ordinary care called also discovered peril ...
Maritime perils
Maritime perils, means the perils, consequent on, or incidental to, the navigation of the sea, that is to say, perils of the seas, fire, war perils, pirates, rovers, thieves, captures, seizures, restraints and detainments of princes and peoples, jettisons, barratry and any other perils which are either of the like kind or may be designated by the policy. [Marine Insurance Act, 1963 (11 of 1963), s. 2(e)]...
Perils of the sea
Perils of the sea, means perils, dangers and accidents of the sea or other navigable waters is an expression meaning perils, or accidents peculiar to sea or navigable waters, which could not have been reasonably foreseen and guarded against by ordinary skill and prudence by carrier or his agents or servants, Collis Line Pvt. Ltd. v. New India Assurance Co. Ltd., AIR 1982 Ker 127.They are strictly the natural accidents peculiar to the water, but the law has extended this phrase to comprehend events not attributable to natural causes, as captures by pirates, and losses by collision, where no blame is attachable to either ship, or at all events to the injured ship. It was held by the House of Lords in Hamilton, Fraser & Co. v. Pandorf & Co., (1887) 12 App Cas 518, that, where (under a charter-party or bills of lading which excepted dangers and accidents of the seas'), rats gnawed a hole in a pipe on board ship, whereby sea-water escaped and damaged a cargo of rice, without neglect or defa...
Fact discovered
Fact discovered, The expression 'fact discovered' includes not only the physical object produced, but also the place from which it is produced and the knowledge of the accused as to this, Prabhoo v. State of Uttar Pradesh, AIR 1963 SC 1113 (1115). [Evidence Act 1872 (1 of 1872), s. 27]It is fallacious to treat the 'fact discovered' within the section as equivalent to the object produced; the fact discovered embraces the place from which the object is produced and the knowledge of the accused as to this, and the information given must relate distinctly to this fact. Information as to past user, or the past history, of the objects produced is not related to its discovery in the setting in which it is discovered. Information supplied by a person in custody that 'I will produce a knife concealed in the roof of my house' does not lead to the discovery of a knife; knives were discovered many years ago. It leads to the discovery of the fact that a knife is concealed in the house of the inform...
perils of the sea
perils of the sea :perils that are peculiar to the sea but are of such an extraordinary nature and power that one cannot guard against them using ordinary skill and prudence [the insurance company denied that such waves in that region were perils of the sea] ...
open perils
open perils : of, relating to, or being an insurance contract that covers all perils unless specifically excluded ...
perils
perils for homeowner's insurance, an event that can damage the property. Homeowner's insurance may cover the property for a wide variety of perils caused by accidents, nature, or people. Source: U.S. Department of Housing and Urban Development ...
Perilous
Full of attended with or involving peril dangerous hazardous as a perilous undertaking...
Discovers
Discovers, the word 'discovers' in s. 15 of the Act is of sufficient amplitude to take in subsequent events which have a material bearing on the facts and circumstances on which assessment had been made or relief granted, and that when the Excess Profits Tax Officer finds that an assessee to whom relief had been granted under s. 26(3) has utilised the buildings, plant or machinery in business after the termination of the war, he is entitled to proceed under s. 15 of the Act, India United Mills Ltd. v. Commissioner of Excess Profits Tax, AIR 1955 SC 79 (84). (Excess Profits Tax Act, 1940, s. 15)...
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