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Prudent - Law Dictionary Search Results

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prudent man rule

prudent man rule : a rule giving discretion to a fiduciary and esp. a trustee to manage another's affairs and invest another's money with such skill and care as a person of ordinary prudence and intelligence would use in managing his or her own affairs or investments called also prudent person rule compare legal list ...


Prudent

Sagacious in adapting means to ends circumspect in action or in determining any line of conduct practically wise judicious careful discreet sensible opposed to rash as a prudent man dictated or directed by prudence or wise forethought evincing prudence as prudent behavior...


prudent

prudent : characterized by, arising from, or showing prudence pru·dent·ly adv ...


Prudently

In a prudent manner...


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...


jurisprudent

jurisprudent [Late Latin jurisprudent- jurisprudens, from Latin juris, genitive of jus right, law + prudent- prudens foreseeing, skilled, prudent] : jurist ...


Proof

Proof, does not mean proof to rigid mathematical demonstration, because that is impossible; it must mean such evidence as would induce a reasonable man to come to a particular conclusion, Hawkins v. Powells Tillery Steam Coal Co. Ltd., (1911) 1 KB 988: 1911 WN 53.Proof, evidence, testimony, convincing token means of conviction. Also standard strength of spirituous liquids.See BURDEN OR PROOF; EVIDENCE; BANK-RUPTCY; WINDING-UP.The word 'proof' need be understood in the sense in which it is defined in the Evidence Act because proof depends upon the admissibility of evidence. A fact is said to be proved when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. This is the definition given for the word 'proved' in the Evidence Act. What is required is production of such materials on which the court can reaso...


due care

due care : the care that an ordinarily reasonable and prudent person would use under the same or similar circumstances called also ordinary care reasonable care see also due diligence compare fault, negligence ...


due diligence

due diligence 1 : such diligence as a reasonable person under the same circumstances would use : use of reasonable but not necessarily exhaustive efforts called also reasonable diligence NOTE: Due diligence is used most often in connection with the performance of a professional or fiduciary duty, or with regard to proceeding with a court action. Due care is used more often in connection with general tort actions. 2 a : the care that a prudent person might be expected to exercise in the examination and evaluation of risks affecting a business transaction b : the process of investigation carried on usually by a disinterested third party (as an accounting or law firm) on behalf of a party contemplating a business transaction (as a corporate acquisition or merger, loan of finances, or esp. purchase of securities) for the purpose of providing information with which to evaluate the advantages and risks involved [the greatest exposure…for failure to conduct adequate due diligence...


legal list

legal list : a statutory list of types of investments that fiduciaries are permitted to make on behalf of others compare prudent man rule ...


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