Risk Note - Law Dictionary Search Results
Home Dictionary Name: risk noteRisk Note
Risk Note, the name sometimes given to the special contract, sanctioned by s. 7 of the Railway and Canal Traffic Act, 1854 (17 & 18 Vict. c. 31), but not binding on the consignor unless signed by him and also 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 of the House of Lords in Peek v. North Staffordshire Ry. Co., (1868) LR 10 HL 473, in which it was held, after summoning the judges, that the contracts must be both reasonable and signed, these risk notes have occasioned much litigation; see especially Great Western Ry. Co. v. 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 for wilful is conduct, Sutcliffe v. G.W.Ry., (1910) 1 KB 478...
assumption of risk
assumption of risk :a doctrine that a person may in advance relieve another person of the obligation to act towards him or her with due care and may accept the chance of being injured ;also : an affirmative defense that the plaintiff cannot receive compensation for injuries from the defendant because the plaintiff freely and knowingly assumed the risk of injury and relieved the defendant of the obligation to act with reasonable care compare contributory negligence at negligence, volenti non fit injuria NOTE: Assumption of risk may be express or may be implied from the plaintiff's words and actions. Assumption of risk has been abolished in certain types of cases, such as workers' compensation cases. ...
Signature
Signature, a sign or mark impressed upon anything; a stamp, a mark; the name of a person written by himself either in full or by initials as regards his Christian name or names, and in full as regards his surname, or by initials only [In the goods of Blewitt, (1880) 5 PD 116], or by mark only, though he can write, Baker v. Dening, (1838) 8 Ad&E 94.Signature is required to authenticate a will (see WILL), a deed after 1925 (Law of Property Act, 1925, s. 73), a guarantee and other documents mentioned in the Statute of Frauds (see FRAUDS, STATUTE OF), and a risk note within the meaning of the seventh s. of the Railway and Canal Traffic Act, 1854 (see RISK NOTE). Pleadings must be signed by counsel if settled by him, and if not, by the solicitor or the party; R.S.C. 1883, Ord. XIX., r. 4. No fee to counsel is allowed on taxation unless vouched by his signature, Ibid., Ord. LXV., r. 27, reg. 52.When signature by an agent is permissible, the writing of the name of the principal by the agent i...
pure risk
pure risk : a risk that can only result in loss compare speculative risk ...
speculative risk
speculative risk : a risk that may result in either a loss or a gain compare pure risk ...
Assumption of the risk
Assumption of the risk, means the act or an instance of a prospective plaintiff's taking on the risk of loss, injury, or damage e.g. the skydiver's assumption of the risk, Black Law Dictionary 7th Edn., p. 121....
assigned risk
assigned risk : a poor risk (as an accident-prone driver) that insurance companies would normally reject but are forced to insure by state law ...
peculiar risk doctrine
peculiar risk doctrine : a doctrine that renders an employer (as a general contractor) liable for injury caused by an independent contractor if the employer failed to take reasonable precautions against a risk particular to the employee's work that the employer should have recognized ...
preferred risk
preferred risk : an insured that an insurer deems has a lower than average chance of loss and that usually may pay a lower premium [because of the past accidents, he was not a preferred risk] ...
risk
risk 1 a : possibility of loss or injury b : liability for loss or injury if it occurs [the of loss passes to the buyer when the goods are duly delivered to the carrier "Uniform Commercial Code"] [the of personal injury and property damage should be placed with the manufacturer rather than the consumer "Case & Comment"] 2 a : the chance of loss to the subject matter of an insurance contract : uncertainty with regard to loss ;also : the degree of probability of such loss compare peril b : a person or thing that is a specified hazard to an insurer [a poor for insurance] c : an insurance hazard from a specified cause or source [a war ] risk·less adj ...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial