Ordinary Negligence - Law Dictionary Search Results
homicide
committed by accident or misfortune by a person doing a lawful act by lawful means with usual and ordinary caution and without any unlawful intent and that is excused under the law with no criminal punishment imposed … by a person with a criminal state of mind (as intentionally, with premeditation, knowingly, recklessly, or with criminal negligence) deliberate homicide : homicide caused purposely and knowingly used in Montana excusable homicide : homicide that is committed
reasonable person
reasonable person : a fictional person with an ordinary degree of reason, prudence, care, foresight, or intelligence whose conduct, conclusion, or expectation in relation to a particular … fact is used as an objective standard by which to measure or determine something (as the existence of negligence) [we have generally held that a reasonable person would not believe that he or she has been seized
Sufficient cause
is an expression which is found in various statues. It has been construed liberally in keeping with its ordinary dictionary meaning as adequate or enough. That is, any justifiable reason resulting in vacation has to be understood … State. The words 'sufficient cause' should receive a liberal construction so as to advance substantial justice when no negligence or inaction or want of bona fide is imputable to a party, State of West Bengal v. Administrator,
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Confusion of boundaries
part of persons whose special duty it is to preserve or perpetuate the boundaries. Where there is an ordinary legal remedy there is certainly no ground for the interference of equity, unless some peculiar equity supervenes which … particular circumstances of fraud, or some confusion, where one person has ploughed too near another, or some gross negligence, omission, or misconduct on the part of persons whose special duty it is to preserve or perpetuate the
Doleance
bring a doleance will not be granted if the matter of the petition could be disposed of on ordinary appeal whether by special leave or otherwise, Credit Foncier of England v. Army, (1874) LR 6 PC 146 … Doleance, is in the nature of a complaint against the court for misconduct or negligence in refusing an appeal and leave to bring a doleance will not be granted if the matter of
last clear chance
bar recovery from a defendant who could have avoided injuring or killing the plaintiff by the use of ordinary care called also discovered peril … 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
Accident
logic, something, in any subject, person, or thing not belonging to the essence. See ESSENCE. The popular and ordinary sense of the word 'accident' means the mishap or an untoward happening not expected and designed to have … in relation to equitable relief, is some unforeseen and undersigned event, productive of disadvantage and not due to negligence or misconduct on the part of the person seeking relief. The cases in which equity may give relief
Risk Note
McCarthy, (1887) 12 App Cas 218, to the effect that by offering alternative rates-a higher rate with the ordinary carrier's liability, and a lower rate with exemption from liability-a company may exempt themselves from all liability except … just and reasonable, exempting a railway or canal company from liability for loss of or injury by their negligence or that of their servants to goods or animals carried by them. Both before and after the decision
cause
that is followed by a superseding cause interrupting the chain of causation ;also : a cause that in ordinary experience does not lead to a particular effect compare proximate cause in this entry su·per·sed·ing cause : an … cause 1 : something that brings about an effect or result [the negligent act which was the of the plaintiff's injury] NOTE: The cause of an injury must be proven in
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