Sentences with phrase «of contributory»

It's a no fault coverage, which means that regardless of contributory negligence, payment can be made to a party injured on your property.

A suitable UHC plan for India has to be a proper mix of contributory and welfare system which emphasizes on expanding coverage to the under privileged rather than capping the affluent.

For US auto insurance this is the most common kind of tort — it's clear that an accident is most likely to involve some form of contributory negligence for which a party (or parties) to that accident will most likely be held liable in a court of law.

d) the actual or threatened use or release of any nuclear, chemical or biological weapon or device, or exposure to nuclear reaction or radiation, regardless of contributory cause.

The defendants were not entitled to reconsideration of the court's decision to grant summary judgment to the plaintiff on the issue of his contributory negligence, as their proposed grounds amounted to mere disagreement with the court's earlier conclusions.

R (Bozzo) v Secretary of State for Welfare and Pensions [2010] EWHC 3571 (Admin) Human rights challenge to the eligibility rule for community care grants under the Social Fund — the need for a qualifying benefit — where applicant in need but in receipt of contributory - based incapacity benefit — whether incompatible with Article 14 and Article 1 of Protocol 1.

His lordship derived some comfort from the accepted application to the claim of the law of contributory negligence.

The doctrine of contributory negligence is one of the most important rules in the law of torts, both in practical and in theoretical terms.

What is the reason for the lack of scholarly interest in the doctrine of contributory negligence?

Possibly as a result of the general juristic neglect of the doctrine of contributory negligence, many erroneous beliefs about it have flourished.

[2] An illuminating discussion of several philosophical questions presented by the doctrine of contributory negligence is offered in K Simons, «The Puzzling Doctrine of Contributory Negligence» (1995) 16 Cardozo Law Review 1693.

In summary, most textbook writers need to relocate their treatment of the doctrine of contributory negligence.

Because the role of appellate courts in the day - to - day application of the doctrine of contributory negligence is so limited, scholars may be under the impression that it does not raise especially difficult or important points of law.

the doctrine of contributory negligence is part of the law of remedies and not, as is widely thought, the law of liability;

[14] Things would be different in this connection were the doctrine of contributory negligence a liability rule.

[12] Therefore, the 1945 Act moved the doctrine of contributory negligence out of the law of liability and into the law of remedies.

This would not be the case were the doctrine of contributory negligence a liability rule.

Is the doctrine of contributory negligence part of the law of liability or the law of remedies?

Accordingly, it is possible for a defendant to agitate the doctrine of contributory negligence despite having default judgment [15] or summary judgment [16] entered against him or her.

McBride and Bagshaw seem to regard the way in which the doctrine of contributory negligence is classified as having only theoretical significance.

the traditional definition of the doctrine of contributory negligence is incomplete because it fails to account for the doctrine's frequent exclusion for reasons of public policy;

the doctrine of contributory negligence has often been conflated with various other rules including the defence of voluntary assumption of risk, the defence of illegality, the mitigation of damage principle and the doctrine of provocation;

@closetnoc Although you're probably right, the fact that the other driver had no valid license (which is a moving violation, or even a crime, in many jurisdictions) might be «evidence» of contributory negligence, i.e., the reason they did not have a license was also a factor in causing the accident.

But the risk of an accident must be proximate, such as that posed by an obviously impaired driver, in order to justify a finding of contributory negligence.»

The above mentioned driver is guilty of contributory negligence by texting while driving.

The respondents argued that the mere fact Ms. Wormald participated as a passenger in the «joy ride» should result in a finding of contributory negligence because she failed to take due care.

The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury.

This is where the concepts of contributory and comparative negligence enter the legal sphere.

Finally, with respect to the issue of contributory negligence, the County argued that the Trial Judge incorrectly focussed his inquiry exclusively on the plaintiff's actions in attempting to exit Free Fall.

Ontario adheres to the doctrine of contributory negligence.

The scope of contributory fault was expanded to encompass «economic loss» claims.

First, many persons injured in automobile accidents were unable to recover damages for their injuries because the old system required that they be free of any contributory negligence.

Any other type of contributory negligence claim will be required to exit the system into the predictable costs regime.

Because both parties agree that time - shifting is the primary use of VTR's, that conclusion, if correct, would settle the issue of Sony's liability under almost any definition of contributory infringement.

If you need detail on the provisions of these proposed laws, including penalties, enforcement, associated educational campaigns, helmet banks or giveaway programs, treatment of contributory negligence (liability) provisions, or dates of enactment, Safe Kids Worldwide has a status sheet on bicycle helmet laws available from Meg Farrage at 202-662-0616.

This not only can save their lives but it can also serve as a defense if a truck driver attempts to purport a defense of contributory negligence during a civil suit.

Learn more about what defines negligence, including the definition of contributory negligence, a legal doctrine in the state of North Carolina, as well as what defines a tort.

In Wisconsin inherent dangers reduce recovery in any recreational accident case, as a component of contributory negligence.

The case of Miller v. Graff, 196 Md. 609, 620, 78 A. 2d 220, 224 (1951) held that «a child four years old can not be guilty of contributory negligence under any circumstances.»

This presumption introduces the concept of contributory negligence.

Virginia follows the doctrine of contributory negligence.

The Supreme Court explained that the prior rule was rooted largely in the «unforgiving all - or - nothing» regime of contributory negligence in effect when Kerby and Carnation were decided.

The statute provides that the amount of financial recovery possible in a dog bite claim is reduced according to the percentage of contributory negligence on the part of the plaintiff.

[92] Although I have concluded that it was an abuse of process by the defendants to deny liability completely, they were not guilty of an abuse of process in maintaining the defence of contributory negligence of Mr. Ulmer at all times.

The new RoSPA guide shows that road accidents in Scotland involve a number of contributory factors, but human error is the most common.

Georgia law does distinguish between acts of contributory negligence and assumption of risk.

CCRL was not liable to compensate the claimant for the whole of the loss for which both tortfeasors were liable because of the contributory negligence discount.

According to the legal doctrine of contributory negligence, if you are found to be in any way at fault for your own injuries, you would likely not be able to recover any compensation for your injuries and other related losses.

Fundamental to understanding how liability is determined in commercial trucking wrecks in Washington is a general awareness of the standard of contributory negligence.

Although there was contradictory evidence about the circumstances of the crash the Court ultimately found that the Plaintiff lawfully entered the crosswalk with a walk signal in her favour and that there was no evidence of contributory negligence.