|
Assumption Of Risk
Assumption of risk is a defense, specifically an affirmative defense, in the law of torts, which bars or reduces a plaintiff's right to recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which the plaintiff was participating at the time of their injury. Primary vs. secondary "Primary" assumption of risk occurs when the plaintiff knows about a particular risk and—through words or conduct—accepts that risk, thereby relieving the defendant of its duty of care. The primary assumption of risk defense operates as a complete bar to recovery.'' Knight v. Jewett''3 Cal. 4th 296 314-315 (1992). For example, someone who goes skiing assumes the risk that they will fall and break a bone and cannot sue a ski resort for such an injury in the absence of additional fault, such as the failure to properly maintain safety equipment. "Secondary" assumption of risk ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defense (legal)
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil legal liability, liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely Mitigation, mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liability Waiver
Liability refers to the following: Law * Legal liability, in both civil and criminal law ** Public liability, part of the law of tort which focuses on civil wrongs ** Product liability, the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause ** Professional liability for one's professional acts, as in professional liability insurance Finance * Liability (financial accounting) a current obligation of an entity arising from past transactions or events ** Accrued liabilities and contingent liability ** Current liability, or short-term liabilities are obligations that will be settled by current assets or by the creation of new current liabilities ** Non-current, or Long-term liabilities, liabilities with a future benefit over a certain period of time (e.g. longer than one year) Arts and media Film * ''The Liability'', a 2013 film Music * Liabi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Pari Delicto
''In pari delicto (potior/melior est conditio possidentis)'', Latin for "in equal fault (better is the condition of the possessor)", is a legal term used to refer to two persons or entities who are equally at fault, whether the malfeasance in question is a crime or tort. The doctrine is subject to a number of exceptions, including that the plaintiff must be an active, voluntary participant in the wrongful conduct, the plaintiff's wrongdoing must be at least substantially equal to or greater than that of the defendant,James M. Fischer (2010)''Understanding Remedies, ''. the "adverse interest" exception, and the "innocent insider" exception. The doctrine The phrase is most commonly used by courts when relief is being denied to both parties in a civil action because of equal wrongdoing by both parties, or greater culpability on the part of the plaintiff. The phrase means, in essence, that if both parties are equally at fault or the plaintiff is at greater fault, the court will not i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Volenti Non Fit Injuria
''Volenti non fit iniuria'' (or ''injuria'') (Latin: "to a willing person, injury is not done") is a Roman legal maxim and common law doctrine which states that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party in tort or delict. ''Volenti'' applies only to the risk which a reasonable person would consider them as having assumed by their actions; thus a Boxing, boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. ''Volenti'' is also known as a "voluntary assumption of risk". ''Volenti'' is sometimes described as the plaintiff "consenting to run a risk". In this context, ''volenti'' can be distinguished from legal consent in that the latter can prevent some torts arising in the first ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consent
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions used in such fields as the law, medicine, research, and sexual consent. Consent as understood in specific contexts may differ from its everyday meaning. For example, a person with a mental disorder, a low mental age, or under the legal age of sexual consent may willingly engage in a sexual act that still fails to meet the legal threshold for consent as defined by applicable law. United Nations agencies and initiatives in sex education programs believe that teaching the topic of consent as part of a comprehensive sexuality education is beneficial. Types of consent include implied consent, express consent, informed consent and unanimous consent. Types * An express consent is one that is unmistakably stated, rather than implied. It may be given in writing, e.g. contract, by speech (orally), or non-verbally, e.g. by a clear gestu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burn
A burn is an injury to skin, or other tissues, caused by heat, electricity, chemicals, friction, or ionizing radiation (such as sunburn, caused by ultraviolet radiation). Most burns are due to heat from hot fluids (called scalding), solids, or fire. Burns occur mainly in the home or the workplace. In the home, risks are associated with domestic kitchens, including stoves, flames, and hot liquids. In the workplace, risks are associated with fire and chemical and electric burns. Alcoholism and smoking are other risk factors. Burns can also occur as a result of self-harm or violence between people (assault). Burns that affect only the superficial skin layers are known as superficial or first-degree burns. They appear red without blisters, and pain typically lasts around three days. When the injury extends into some of the underlying skin layer, it is a partial-thickness or second-degree burn. Blisters are frequently present and they are often very painful. Healing can re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burning Man
Burning Man is a week-long large-scale desert event focused on "community, art, self-expression, and self-reliance" held annually in the Western United States. The event's name comes from its ceremony on the penultimate night of the event: the symbolic burning of a large wooden effigy, referred to as the Man, the Saturday evening before Labor Day. Since 1990, the event has been at Black Rock City in northwestern Nevada, a temporary city erected in the Black Rock Desert about north-northeast of Reno, Nevada, Reno. According to Burning Man co-founder Larry Harvey in 2004, the event is guided by ten stated principles: radical inclusion, Gift Economy, gifting, decommodification, radical self-reliance, radical self-expression, communal effort, Civic engagement, civic responsibility, Leave no trace, leaving no trace, participation, and immediacy. Burning Man features no headliners or scheduled performers; participants create all the art, activities, and events. Artwork includes exper ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exculpatory Clause
Within a contract, an exculpatory clause is a statement that aims to prevent one party from holding the other party liable for damages. An exculpatory clause is generally only enforceable if it does not conflict with existing public policy. The two other prerequisites for an exculpatory clause to be valid are that the contract must pertain to the involved parties' private affairs, and each of the involved parties must be free bargaining agents to the contract in question such that there is no Adhesion contract, adhesion. Example uses *In hospitality law, exculpatory clauses are sometimes used in waivers to absolve hotels of liability regarding unstaffed swimming pools open for visitor use, aided by signs displaying language such as "swim at your own risk". *In construction law and real estate, exculpatory clauses are sometimes included in nonrecourse loans to minimize personal liability for the borrower. *Exculpatory clauses are also applied more generally in construction law to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Comparative Negligence
Comparative negligence, called non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury. When the defense is asserted, the factfinder, usually a jury, must decide the degree to which the plaintiff's negligence and the combined negligence of all other relevant actors all contributed to cause the plaintiff's damages. It is a modification of the doctrine of contributory negligence that disallows any recovery by a plaintiff whose negligence contributed even minimally to causing the damages. Types of comparative negligence Prior to the late 1960s, only a few states had adopted the system. When comparative negligence was adopted, three main versions were used. The first is called "pure" comparative negligence. Under this type of comparative negligence, a plaintiff wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmative Defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations. Description In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Knight V
A knight is a person granted an honorary title of a knighthood by a head of state (including the pope) or representative for service to the monarch, the church, or the country, especially in a military capacity. The concept of a knighthood may have been inspired by the ancient Greek ''hippeis'' (ἱππεῖς) and Roman ''equites''. In the Early Middle Ages in Western Christian Europe, knighthoods were conferred upon mounted warriors. During the High Middle Ages, a knighthood was considered a class of petty nobility. By the Late Middle Ages, the rank had become associated with the ideals of chivalry, a code of conduct for the perfect courtly Christian warrior. Often, a knight was a vassal who served as an elite fighter or a bodyguard for a lord, with payment in the form of land holdings. The lords trusted the knights, who were skilled in battle on horseback. In the Middle Ages, a knighthood was closely linked with horsemanship (and especially the joust) from its origins in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Care
In Tort, tort law, a duty of care is a legal Law of obligations, obligation that is imposed on an individual, requiring adherence to a standard of care, standard of Reasonable person, reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence. It is the first element that must be established to proceed with an action in negligence. The claimant must Cause of action, be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed ''by operation of law'' between individuals who have no ''current'' direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the established and implicit responsibilities held by individuals/entities towards others within society. It ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
