Executor De Son Tort - Law Dictionary Search Results
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 … 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
respondeat superior
respondeat superior [Medieval Latin, let the superior give answer] : a doctrine in tort law that makes a master liable for the wrong of a servant ;specif : the doctrine making an
Res ipsa loquitur
anchor. It ought not to be applied unless the facts proved are more consistent with negligence in the defendant than with a mere accident; nor ought it to be applied to evidence of an unexplained accident, if … Res ipsa loquitur (thing speaks for itself) is a principle which, in reality, belongs to the law of torts, Syed Akbar v. State of Karnataka, AIR 1979 SC 1848 (1851). The thing speaks for itself. This maxim
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Guardianship
the High Court of Justice by the (English) Judicature Act, 1925, ss. 44 and 56. (6) Guardian in Tort, or by Intrusion (Tutor Alienus).--This is an indirect guardianship, arising from a person intruding into an infant's property; … of the Act of 1925, both father and mother have an equal right to appoint a guardian by deed or will to act after death respectively either jointly with the survivor or otherwise, as the Court may
conversion
offsetting the basis of the property against the compensation received (as from insurance). 2 : the crime or tort of interfering with the ownership of another's movable or personal property without authorization or justification (as a lien) … the form of legal title to the property that secures payment of the purchase price. The purchaser is deemed to be the holder of equitable title in and owner of the real property, having the rights and
discovery rule
discovery rule : a rule in tort law: the statute of limitations for a cause of action does not begin to run until the time
ex delicto
ex delicto [Latin, of or by reason of a wrong] : arising from or based on a tort or delict
fellow-servant rule
fellow-servant rule : a common-law rule or doctrine in tort law: an employer is not liable for injuries inflicted on one employee by the fault of another employee
lex loci delictii
Latin, law of the place of the wrong] : the law of the place where an offense or tort occurred … lex loci delictii [New Latin, law of the place of the wrong] : the law of the place where an offense
res ipsa loquitur
: a doctrine or rule of evidence in tort law that permits an inference or presumption that a defendant was negligent in an accident injuring the plaintiff on the basis of circumstantial evidence if the accident was
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