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Gross negligence is the "lack of slight diligence or care" or "a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party." [ 1 ] In some jurisdictions a person injured as a result of gross negligence may be able to recover punitive damages from the person who caused the injury or loss.
Negligence (Lat. negligentia) [1] is a failure to exercise appropriate care expected to be exercised in similar circumstances. [2]Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act.
culpa levis - ordinary negligence; culpa levissima - slight negligence; cum beneficio inventarii: under benefit of inventory As in an heir cum beneficio inventarii, who accepts his/her share in a deceased's estate after having had an appraisal and estate inventory drawn up, thereby separating their share from the whole and limiting their liability.
Negligence by the attorney, A loss or injury to the client caused by the negligence, and; Financial loss or injury to the client. To satisfy the third element, legal malpractice requires proof of what would have happened had the attorney not been negligent; that is, "but for" the attorney's negligence ("but for" causation). [3]
Slight deprivation, like briefly placing a hand on someone else's car, is not actionable. Conversion (law) – An intentional tort to personal property where the defendant's willful interference with the chattel deprives plaintiff of the possession of the same. Nuisance – Denial of quiet enjoyment to owners of real property. A private ...
Res ipsa loquitur (Latin: "the thing speaks for itself") is a doctrine in common law and Roman-Dutch law jurisdictions under which a court can infer negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved in the context of tort litigation.
If that is the case, then as a matter of law, the duty of care has not been breached and the plaintiff cannot recover in negligence. [ 35 ] [ 36 ] This is the key difference between negligence and strict liability ; if strict liability attaches to the defendant's conduct, then the plaintiff can recover under that theory regardless of whatever ...
Unlike a law dictionary, which arranges and defines legal words and phrases individually and in alphabetical order, a legal terminology textbook arranges and defines legal words and phrases in groups and by topic. As a result, a student or other person interested in understanding an array of related legal words and phrases may prefer to use a ...