Nuisance Per Se - Law Dictionary Search Results
Home Dictionary Name: nuisance per senuisance per se
nuisance per se see nuisance ...
per se
per se [Latin, by, of, or in itself] 1 : inherently, strictly, or by operation of statute, constitutional provision or doctrine, or case law [the transaction was illegal per se] see also negligence per se at negligence nuisance per se at nuisance 2 : without proof of special damages or reference to extrinsic circumstances [defamatory statements that were actionable per se] compare per quod adj : being such inherently, clearly, or by operation of statute, constitutional provision or doctrine, or case law [it is clear that licensing of adult entertainment establishments is not a per se violation of the First Amendment "Club Southern Burlesque, Inc. v. City of Carrollton, 457 S.E.2d 816 (1995)"] [a per se conflict of interest] ...
nuisance
nuisance [Anglo-French nusaunce, from Old French nuire to harm, from Latin nocēre] : something (as an act, object, or practice) that invades or interferes with another's rights or interests (as the use or enjoyment of property) by being offensive, annoying, dangerous, obstructive, or unhealthful at·trac·tive nuisance 1 : a thing or condition on one's property that poses a risk to children who may be attracted to it without realizing the risk by virtue of their youth 2 : a doctrine or theory employed in most jurisdictions: a possessor of property may be liable for injury caused to a trespassing or invited child by a condition on the property if he or she failed to use ordinary care in preventing such injury (as by fencing in a pool) and had reason to foresee entry by the child and if the utility of the condition was minor compared to the likelihood of injury [declined to extend the doctrine of attractive nuisance…to moving trains "Honeycutt v. City of Wichita,...
Qui facit per alium facit per se
Qui facit per alium facit per se. Co. Litt. 258, (He who acts through another, acts through himself.) See AGENT.The resolution of the Standing Committee is referred to in the notice itself. To all intents and purposes then the notice which the Chief Officer signed is a notice issued by the Standing Committee in accordance with the maxim qui facit per alium facit per se. Emperor v. Heptulla Alibhai, AIR 1930 Bom 352.The maxim the law of agency is not a doctrine of criminal law, but of civil law, Maung New v. Maung Po Hla, AIR 1937 Rang 117.The rule as to agency is expressed in the maxim qui facit per alium, facit per se, Motilal Channoolal Vaish v. Golden Tobacco Co., AIR 1957 MP 223. (Contract Act, 1875, s. 182)...
per se rule
per se rule 1 : a generalized rule applied without consideration for specific circumstances [would go even further and apply a per se rule of invalidity to affirmative action programs "Alan Freeman"] called also flat rule 2 : a rule that considers a particular restraint of trade to be manifestly contrary to competition and so does not require an inquiry into precise harm or purpose for an instance of it to be declared illegal [applied the per se rule to price-fixing by public utilities] compare rule of reason ...
nuisance per accidens
nuisance per accidens : nuisance in fact at nuisance ...
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 ...
Per se
Per se, by itself, taken alone.Means being such inherently clearly, or by operation of statute, constitutional provision or doctrine, or case law, Club Southern Burlesque, Inc. v. City of Cossollton, 457 SE 2d 816 (1995)....
contraband per se
contraband per se see contraband ...
libel per se
libel per se : libel that is actionable without the plaintiff introducing additional facts to show defamation or claiming special damages ...
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