Natural And Probable Consequence - Law Dictionary Search Results
Home Dictionary Name: natural and probable consequence Page 1 of about 8 results ( seconds)natural and probable consequence
natural and probable consequence : a consequence that one could reasonably expect to result from an act [the injury was determined to be a natural and probable consequence of the defendant's negligence] ...
Measure of damage
Measure of damage, the test which determines the amount of damages to the given. The general rule in English law is that in contract the measure of damage is the actual loss to the plaintiff, and in tort the compensation to the plaintiff for the loss or damage which it may be supposed be has suffered directly as a natural consequence of the act complained of. The exception is those ases where vindictive or exemplary damages can be given, e.g., libel, slander, violence, malice, cruelty, or breach of promise of marriage. The actual loss cannot always be recovered, as the whole or a portion of the loss may be too remote to be the natural and probable consequence of that which constitutes the cause of action, and this will most frequently occur in actions of tort. Though unable to prove actual loss, a plaintiff may sometimes be entitled to nominal damages, e.g., breach of an agreement to lend money. In actions of contract, the market-price of the subject-matter at the date the contract is ...
Caveat actor
Caveat actor. The Criminal Law of England supposes that a man intends the natural and probable consequences of his act. But in civil matters there is no rule of common law that a man 'acts at his peril,' except the case of one who harbours or collects a dangerous thing, or anything likely to do mischief if it escapes, Rylands v. Fletcher, (1866) LR 1 Ex. 265; (1868) LR 3 HL 330; with that exception in which nothing short of an act of God, or the victim's default, will excuse him, if a person suffers injury he must found his action either on contract or tort, e.g., trespass or negligence on the part of the defendant. This is the theory of the law, though in practice a very small amount of malice or negligence will suffice. See Malice and Res Ipsa Loquitur.Let the doer, or actor, beware, Black's Law Dictionary, 7th Edn., p. 215....
Intent to annoy
Intent to annoy, the correct position in law may, be stated thus: In order to establish that the entry on the property was with the intent to annoy, intimi-date or insult, it is necessary for the Court to be satisfied that causing such annoyance, intimidation or insult was the aim of the entry; that it is not sufficient for that purpose to show merely that the natural consequence of the entry was likely to be annoyance, intimidation or insult, and that this likely consequence was known to the person enter-ing; that in deciding whether the aim of the entry was the causing of such annoyance, intimidation or insult, the Court has to consider all the relevant circumstances including the presence of know-ledge that its natural consequences would be such annoyance, intimidation or insult and including also the probability or something else than the causing of such intimidation, insult or annoyance, being the dominant intention which prompted the entry, (AIR 1964 SC 986); Rash Behari Chatterj...
Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...
Malice
Malice [fr. malitia, Lat.], a formed design of doing mischief to another, technically called malitia pr'cogitata, or malice prepense or aforethought. It is either express, as when one with a sedate and deliberate mind and formed design kills another, which formed design is evidenced by certain circumstances discovering such intentions, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm; or implied, as where one wilfully poisons another; in such a deliberate act the law presumes malice, though no particular enmity can be proved. The nature of implied malice is also illustrated by the maxim, 'Culpa lata dolo 'quiparatur'-when negligence reaches a certain point it is the same as intentional wrong-'Every one must be taken to intend that which his the natural consequence of his actions'-if any one acts in exactly the same way as he would do it he bore express malice to another, he cannot be allowed to say he does not, 4 Steph. Com.'Malice ...
Ship
Ship, the carriage of goods by Sea Act, 1925 (26 of 1925). [XXVI of 1925, Sch. Art. 1, Cl. (d)]Ship, means any vessel used for the carriage of goods by sea.A type of vessel used or intended to be used in navigation, Black's Law Dictionary, 7th Edn., p. 1382.In the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), by s. 742, 'includes every description of vessel used in navigation not propelled by oars.' [This definition has been adopted by the Workmen's Compensation Act, 1925 (15 & 16 Geo. 5, c. 34), s. 48(1)]'Foreign-going ship,' by the same s., 'includes every ship employed in trading, or going between some place or places in the United Kingdom, and some place or places situate beyond the following limits: that is to say, the coasts of the United Kingdom, the Channel Islands and the Isle of Man, and the continent of Europe, between the river Elbe and Brest inclusive'; and'Home-trade ship' includes 'every ship employed in trading or going' within the above limits; and'Home-trade pass...
Insurance
Insurance, see, Income-tax Act, 1961 (43 of 1961), s. 80C, Expl. 1.Insurance, the act of providing against a possible loss, by entering into a contract with one who is willing to give assurance, that is, to bind himself to make good such loss should it occur. In this contract, the chances of benefit are equal to the insured and the insurer. The first actually pays a certain sum, and the latter undertakes to pay a larger, if an accident should happen. The one renders his property secure; the other receives money with the probability that it is clear gain. The instrument by which the contract is made is called a policy; the stipulated consideration, a premium. As to what is known as a coupon policy, i.e., a coupon cut out of a diary, etc., see General Accident, etc., Assce. Corpn. v. Robertson, 1909 AC 404.Insurable Interest must be possessed by the person taking out a policy; he must be so circumstanced as to have benefit from the existence of the person or thing insured, and some preju...
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