Negligent Entrustment - Law Dictionary Search Results
Home Dictionary Name: negligent entrustmentnegligent entrustment
negligent entrustment : the entrusting of a dangerous article (as a motor vehicle) to one who is reckless or too inexperienced or incompetent to use it safely ;also : a theory or doctrine making one liable for injury caused by a party to whom one negligently entrusted something ...
entrust
entrust also in·trust vt 1 : to deliver something to (a person) under a charge or duty 2 : to give (something) over to the care of another ;specif : to deliver to a merchant who may transfer ownership to a buyer in the ordinary course of business used esp. in the Uniform Commercial Code; see also negligent entrustment compare bail, consign en·trust·ment n ...
Entrustment
Entrustment, means 'the transfer of possession of goods to a merchant who deals in goods of that type and who may in turn transfer the goods and all rights to them to a purchaser in the ordinary course of business' (Black's Law Dictionary), see also National Insurance Co. Ltd. v. Ishar Das Madan Lal, (2007) 4 SCC 105.The expression 'entrustment' carries with it the implication that the person handing over any property or on whose behalf that property is handed over to another, continues to be its owner. Entrustment is not necessarily a term of law. It may have different implications in different contexts. In its most general significance, all its imports is handing over the possession for some purpose which may not imply the conferment of any propriety right therein. The ownership or beneficial interest in the property in respect of which criminal breach of trust is alleged to have been committed, must be in some person other than the accused and the latter must hold it on account of s...
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...
Entrust
Entrust, means 'To give (a person) the responsibility for something, usually after establishing a confidential relationship', (Black's Law Dictionary) see also National Insurance Co. Ltd. v. Ishar Das Madan Lal, (2007) 4 SCC 105.Entrust, means 'To confer as a responsibility, duty, etc. to place something in another case' (Webster's Universal Dictionary), see also National Insurance Co. Ltd. v. Ishar Das Madan Lal, (2007) 4 SCC 105.Entrust, would imply giving responsibility to a person upon whom the owner has confidence. It envisages establishment of a relationship, National Insurance Co. Ltd. v. Ishar Das Madan Lal, (2007) 4 SCC 105....
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)...
Entrusted
Entrusted, The expression 'entrusted' is used in a wide sense and includes all cases in which property is voluntarily handed over for a specific purpose and is dishonestly disposed of contrary to the terms on which possession has been handed over, Som Nath Puri v. State of Rajasthan, (1972) 1 SCC 630: AIR 1972 SC 1490: (1972) 3 SCR 497. (Indian Penal Code, 1860, s. 409)...
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 ...
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