Risk Note - Law Dictionary Search Results
Risk Note
Risk Note, the name sometimes given to the special contract, sanctioned by
Signature
the Statute of Frauds (see FRAUDS, STATUTE OF), and a risk note within the meaning of the seventh s. of the Railway … s. of the Railway and Canal Traffic Act, 1854 (see RISK NOTE). Pleadings must be signed by counsel if settled by him,
assumption of risk
assumption of risk :a doctrine that a person may in advance relieve another … care compare contributory negligence at negligence, volenti non fit injuria NOTE: Assumption of risk may be express or may be implied
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defense
supporting the defendant's opposition see also accord, alibi, assumption of risk, coercion, consent contributory negligence at negligence, denial, diminished capacity, duress, … statute of limitations) why the defendant cannot be held liable NOTE: The defendant bears the burden of proof as to affirmative
abnormally dangerous activity
appropriate to an area, that creates a high degree of risk of harm to someone or something despite the exercise of … is outweighed by the risk of harm compare ultrahazardous activity NOTE: Abnormally dangerous activities are subject to strict liability. Abnormally dangerous
crime of violence
violence :a crime that by its nature poses a substantial risk that force will be used against a person or property … that force will be used against a person or property NOTE: A record of crimes of violence is used esp. to
force
that is intended to cause or that carries a substantial risk of causing death or serious bodily injury compare nondeadly force … or serious bodily injury compare nondeadly force in this entry NOTE: As a general rule, deadly force may be used without
multiplicity
J. H. Israel"] compare duplicity, misjoinder NOTE: Multiplicity raises the risk of violating the double jeopardy protection against receiving multiple sentences
reckless endangerment
offense of recklessly engaging in conduct that creates a substantial risk of serious physical injury or death to another person NOTE:
recklessness
often criminal liability. Unlike negligence it requires conscious disregard of risk to others. … state of being reckless ;also : reckless conduct compare negligence NOTE: Recklessness may be the basis for civil and often criminal
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