Rescue Doctrine - Law Dictionary Search Results
Home Dictionary Name: rescue doctrinerescue doctrine
rescue doctrine : a common-law doctrine that permits a plaintiff to recover from a party whose negligence was the proximate cause of a peril from which the plaintiff reasonably undertook to rescue a third party NOTE: The act of rescue itself is considered foreseeable, and the negligence of the defendant is considered to be the proximate cause of injury to the rescuer as well as to the one rescued. ...
Rescue
Rescue, the taking away and setting at liberty, against law, a distress taken, or a person arrested by the process or course of law (Co. Litt. 160 b). Rescue of persons the custody of the law has been dealt with in by a number of Statutes from 23 Edw. 1. Aiding a prisoner to escape is a felony by the Prison Act, 1865 (28 & 29 Vict. c. 126), s. 37. See Archbold's Criminal Pleading, Ev. And Practice, 25th Edn. pp. 1112-1123. Rescue of children from approved schools (late reformatory or industrial), see Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12); rescues from prisons abroad, see 22 Vict. c. 25; of persons of unsound mind, see Lunacy Act, 1890.The act or an instance of saving or freeing someone from danger or captivity, Black's Law Dictionary, 7th Edn., p. 1308.Rescue lies where a person distrains for rent or services, or for damage feasant, and is desirous of impounding the distress, and another person rescues the distress from him. The party distraining must be in posse...
Rescue
To free or deliver from any confinement violence danger or evil to liberate from actual restraint to remove or withdraw from a state of exposure to evil as to rescue a prisoner from the enemy to rescue seamen from destruction...
D'Oench doctrine
D'Oench doctrine [from D'Oench, Duhme & Co., Inc. v. Federal Deposit Insurance Company, 315 U.S. 447 (1942), the Supreme Court case establishing the doctrine] : a doctrine in banking law: a party (as a borrower or guarantor) cannot assert an unrecorded agreement with a failed bank against attempts by the federal insurer (as the Federal Deposit Insurance Corporation) or its assigns to collect on a promissory note (as a loan) called also D'Oench Duhme doctrine ...
exculpatory no doctrine
exculpatory no doctrine : a doctrine in federal criminal law: an individual cannot be charged with making a false statement if the statement is a false denial of guilt made in response to a federal investigator's question NOTE: This doctrine is based on the Fifth Amendment protection against self-incrimination, and is often used as a defense to a charge of knowingly making a false statement. The doctrine is recognized in most federal Courts of Appeals. ...
family purpose doctrine
family purpose doctrine : a doctrine in tort law: the owner of a car is vicariously liable for damages incurred by a family member while using the car with the owner's permission called also family car doctrine NOTE: This doctrine is recognized only in some jurisdictions and has been rejected in most. ...
Spielberg Doctrine
Spielberg Doctrine [after the Spielberg Manufacturing Company, subject of an unfair labor practice complaint that prompted the formation of the doctrine] : a doctrine in labor law: the National Labor Relations Board will defer to an arbitrator's decision regarding a contract dispute if the arbitrator's decision was not repugnant to the National Labor Relations Act, the arbitration proceedings provided a hearing as fair as would have been provided before the NLRB, and the contract required binding arbitration compare collyer doctrine ...
Collyer Doctrine
Collyer Doctrine [from Collyer Insulated Wire, 192 N.L.R.B. 837 (1971), the ruling that resulted in it] : a doctrine in labor law under which the National Labor Relations Board will defer an issue brought before it to arbitration if the issue can be resolved under the collective bargaining agreement in arbitration compare spielberg doctrine ...
Erie doctrine
Erie doctrine [from the Supreme Court case Erie Railroad Co. v. Tompkins, which resulted in definition of the doctrine] : a doctrine that a federal court exercising diversity jurisdiction over a case for which no federal law is relevant must apply the law of the state in which it is sitting called also Erie Rule see also Erie Railroad Co. v. Tompkins in the Important Cases section ...
Feres doctrine
Feres doctrine [from Feres v. United States, 340 U.S. 135 (1950), the case which established the doctrine] : a doctrine in tort law: a member of the military is barred from recovering damages from the government under the Federal Tort Claims Act for injuries sustained in the course of activity incident to his or her military service called also Feres rule ...
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