Tort - Page 9 - Law Dictionary

fellow-servant rule

fellow-servant rule : a common-law rule or doctrine in tort law: an employer is not liable for injuries inflicted on one employee by the fault of another employee during the course of his or her employment NOTE: This rule is no longer used in most jurisdictions as a result of federal and state workers' compensation statutes. ...

discretionary

discretionary : left to discretion : exercised at one's own discretion ;specif : relating to the policy-making function of a public official see also Federal Tort Claims Act in the Important Laws section compare ministerial NOTE: A public official generally has qualified immunity from lawsuits that arise from his or her discretionary acts. ...

discovery rule

discovery rule : a rule in tort law: the statute of limitations for a cause of action does not begin to run until the time that the injured party discovers or reasonably should have discovered the injury ...

conspiracy

conspiracy pl: -cies [Latin conspiratio, from conspirare to conspire see conspire ] 1 : an agreement between two or more people to commit an act prohibited by law or to commit a lawful act by means prohibited by law ;also : the crime or tort of participating in a conspiracy compare substantive crime NOTE: Some states require an overt act in addition to the agreement to constitute conspiracy. chain conspiracy : a conspiracy in which the conspirators act separately and successively (as in distributing narcotics) civil conspiracy : a conspiracy that is not prosecuted as a crime but that forms the grounds for a lawsuit criminal conspiracy : a conspiracy prosecuted as a crime 2 : a group of conspirators ...

abuse of process

abuse of process :the tort of bringing and following through with a civil or criminal action for a purpose known to be different from the purpose for which the action was designed compare malicious prosecution ...

FTCA

FTCA Federal Tort Claims Act see also the Important Laws section ...

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...

sudden emergency doctrine

sudden emergency doctrine : a doctrine of tort law: a person who is confronted with a sudden and unexpected perilous situation not of his or her own making and who acts as would a reasonably prudent person under the circumstances will not be held liable even if later reflection shows that the wisest course was not chosen ...

Fatuous persons

Fatuous persons, idiots.Includes express reference to 'breach of statutory duty' and to 'liability in tort', Standard Chartered Bank v. Pakistan Shipping Corpn. (No. 4) (CA), (2000) 3 WLR 1692.Means negligence, breach of statutory duty or other act or omission, Standard Chartered Bank v. Pakistan Shipping Corpn. [HL(E), (2000) 3 WLR 1547: (2002) UKHL 43.Relates to the conduct of the defendant - in other words, as it relates to the plainiff's cause of action, Rowe v. Turner Hopkins & Partners, (1980) 2 NZLR 550; See also Standard Chartered Bank v. Pakistan Shipping Corpn., (2001) LR (QB) 167 (CA)....

Guarantee

Guarantee, he to whom a guaranty is made; also, and more commonly, the guaranty itself. See GUARANTY.The assurance that a contract or legal act will be duly carried out; Something given or existing as security, such as to fulfill a further engagement or a condition subsequent, Black's Law Dictionary, 7th Edn., p. 711.Company limited by. See COMPANIES.Guarantee includes any obligation undertaken before the commencement of this Constitution to make payments in the event of the profits of an undertaking falling short of a specified amount. [Constitution of India, Art. 366(13)]Guarantee, is in collateral engagement to answer for the debt, default, or miscarriage of another person, a promise to another as debtor to secure the payment of a debt payable to him, Stroud's Judicial Dictionary, Vol. 2, p. 1111.Includes any obligation undertaken before the com-mencement of the constitution to make payments in the event of the profits of an undertaking falling short of a specified amount, Constitut...

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