| slovo | definícia |
negligence
(encz) | negligence,ledabylost |
negligence
(encz) | negligence,nedbalost |
negligence
(encz) | negligence,zanedbání [eko.] RNDr. Pavel Piskač |
Negligence
(gcide) | Negligence \Neg"li*gence\, n. [F. n['e]gligence, L.
negligentia.]
The quality or state of being negligent; lack of due
diligence or care; omission of duty; habitual neglect;
heedlessness.
[1913 Webster]
2. An act or instance of negligence or carelessness.
[1913 Webster]
remarking his beauties, . . . I must also point out
his negligences and defects. --Blair.
[1913 Webster]
3. (Law) The omission of the care usual under the
circumstances, being convertible with the Roman culpa. A
specialist is bound to higher skill and diligence in his
specialty than one who is not a specialist, and liability
for negligence varies acordingly.
[1913 Webster]
Contributory negligence. See under Contributory.
[1913 Webster]
Syn: Neglect; inattention; heedlessness; disregard; slight.
Usage: Negligence, Neglect. These two words are freely
interchanged in our older writers; but a distinction
has gradually sprung up between them. As now generally
used, negligence is the habit, and neglect the act, of
leaving things undone or unattended to. We are
negligent as a general trait of character; we are
guilty of neglect in particular cases, or in reference
to individuals who had a right to our attentions.
[1913 Webster] |
negligence
(wn) | negligence
n 1: failure to act with the prudence that a reasonable person
would exercise under the same circumstances [syn:
negligence, carelessness, neglect, nonperformance]
2: the trait of neglecting responsibilities and lacking concern
[syn: negligence, neglect, neglectfulness] |
NEGLIGENCE
(bouvier) | NEGLIGENCE, contracts, torts. When considered in relation, to contracts,
negligence may be divided into various degrees, namely, ordinary, less than
ordinary, more than ordinary. 1 Miles' Rep. 40.
2. Ordinary negligence is the want of ordinary diligence; slight or
less than ordinary negligence, is, the want of great diligence; and gross
or more than ordinary negligence, is the want of slight diligence.
3. Three great principles of responsibility, seem naturally to follow
this division.
4.-1. In those contracts which are made for the sole benefit of the
creditor, the debtor is responsible only for gross negligence, good faith
alone being required of him; as in tile case of a depositary, who is a
bailee without reward; Story, Bailm. 62; Dane's Ab. c. 17, a, 2; 14 Serg. &
Rawle, 275; but to this general rule, Pothier makes two exceptions. The
first, in relation to the contract of a mandate, and the second, to the
quasi contract negotiorum gestorum; in these cases, he says, the party
undertaking to perform these engagements, is bound to use necessary care.
Observation Generale, printed at the end of the Traite des Obligations.
5.-2. In those contracts which are for the reciprocal benefit of both
parties, such as those of sale, of hiring, of pledge, and the like, the
party is bound to take, for the object of the contract, that care which a
prudent man ordinarily takes of his affairs, and he will therefore be held
responsible for ordinary neglect. Jones' Bailment, 10, 119; 2 Lord Raym.
909; Story, Bailm. Sec. 23; Pothier, Obs. Gener. ubi supra.
6.-3. In those contracts made for the sole interest of the party who
has received, and is to return the thing which is the object of the
contract, such, for example, as loan for use, or commodatum, the slightest
negligence will make him responsible. Jones' Bailm. 64, 65; Story's Bailm.
Sec. 237; Pothier, Obs. Gen. ubi supra.
7. In general, a party who has caused an injury or loss to another in
consequence of his negligence, is responsible for all the consequence. Hob.
134; 3 Wils. 126; 1 Chit. TI. 129, 130; 2 Hen. & Munf. 423; 1 Str. 596; 3
East, R. 596. An example of this kind may be found in the case of a person
who drives his carriage during a dark night on the wrong side of the road,
by which he commits an injury to another. 3 East, R. 593; 1 Campb. R. 497; 2
Cam b. 466; 2 New Rep. 119. Vide Gale and Whatley on Easements, Index, h.t.;
6 T. R. 659; 1 East, R. 106; 4 B. & A; 590; S. C. 6 E. C. L. R. 628; 1
Taunt. 568; 2 Stark. R. 272; 2 Bing. R. 170; 5 Esp. R. 35, 263; 5 B. & C.
550. Whether the incautious conduct of the plaintiff will excuse the
negligence of the defendant, see 1 Q. B. 29; 4 P. & D. 642; 3 M. Lyr. & Sc.
9; Fault.
8. When the law imposes a duty on an officer, whether it be by common
law or statute, and he neglects to perform it, he may be indicted for such
neglect; 1 Salk. R. 380; 6 Mod, R. 96; and in some cases such neglect will
amount to a forfeiture of the office. 4 Bl. Com. 140. See Bouv. Inst. Index,
h.t.
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| | podobné slovo | definícia |
comparative negligence
(encz) | comparative negligence, n: |
concurrent negligence
(encz) | concurrent negligence, n: |
contributory negligence
(encz) | contributory negligence, n: |
criminal negligence
(encz) | criminal negligence, n: |
culpable negligence
(encz) | culpable negligence, n: |
gross negligence
(encz) | gross negligence,hrubá nedbalost n: [práv.] Michal Ambrož |
Contributory negligence
(gcide) | Negligence \Neg"li*gence\, n. [F. n['e]gligence, L.
negligentia.]
The quality or state of being negligent; lack of due
diligence or care; omission of duty; habitual neglect;
heedlessness.
[1913 Webster]
2. An act or instance of negligence or carelessness.
[1913 Webster]
remarking his beauties, . . . I must also point out
his negligences and defects. --Blair.
[1913 Webster]
3. (Law) The omission of the care usual under the
circumstances, being convertible with the Roman culpa. A
specialist is bound to higher skill and diligence in his
specialty than one who is not a specialist, and liability
for negligence varies acordingly.
[1913 Webster]
Contributory negligence. See under Contributory.
[1913 Webster]
Syn: Neglect; inattention; heedlessness; disregard; slight.
Usage: Negligence, Neglect. These two words are freely
interchanged in our older writers; but a distinction
has gradually sprung up between them. As now generally
used, negligence is the habit, and neglect the act, of
leaving things undone or unattended to. We are
negligent as a general trait of character; we are
guilty of neglect in particular cases, or in reference
to individuals who had a right to our attentions.
[1913 Webster]Contributory \Con*trib"u*to*ry\, a.
Contributing to the same stock or purpose; promoting the same
end; bringing assistance to some joint design, or increase to
some common stock; contributive. --Milton.
[1913 Webster]
Bonfires of contributory wood. --Chapman.
[1913 Webster]
Contributory negligence (Law), negligence by an injured
party, which combines with the negligence of the injurer
in producing the injury, and which bars recovery when it
is the proximate cause of the injury. --Wharton.
[1913 Webster] |
Negligence
(gcide) | Negligence \Neg"li*gence\, n. [F. n['e]gligence, L.
negligentia.]
The quality or state of being negligent; lack of due
diligence or care; omission of duty; habitual neglect;
heedlessness.
[1913 Webster]
2. An act or instance of negligence or carelessness.
[1913 Webster]
remarking his beauties, . . . I must also point out
his negligences and defects. --Blair.
[1913 Webster]
3. (Law) The omission of the care usual under the
circumstances, being convertible with the Roman culpa. A
specialist is bound to higher skill and diligence in his
specialty than one who is not a specialist, and liability
for negligence varies acordingly.
[1913 Webster]
Contributory negligence. See under Contributory.
[1913 Webster]
Syn: Neglect; inattention; heedlessness; disregard; slight.
Usage: Negligence, Neglect. These two words are freely
interchanged in our older writers; but a distinction
has gradually sprung up between them. As now generally
used, negligence is the habit, and neglect the act, of
leaving things undone or unattended to. We are
negligent as a general trait of character; we are
guilty of neglect in particular cases, or in reference
to individuals who had a right to our attentions.
[1913 Webster] |
comparative negligence
(wn) | comparative negligence
n 1: (law) negligence allocated between the plaintiff and the
defendant with a corresponding reduction in damages paid to
the plaintiff |
concurrent negligence
(wn) | concurrent negligence
n 1: (law) negligence of two of more persons acting
independently; the plaintiff may sue both together or
separately |
contributory negligence
(wn) | contributory negligence
n 1: (law) behavior by the plaintiff that contributes to the
harm resulting from the defendant's negligence; "in common
law any degree of contributory negligence would bar the
plaintiff from collecting damages" |
criminal negligence
(wn) | criminal negligence
n 1: (law) recklessly acting without reasonable caution and
putting another person at risk of injury or death (or
failing to do something with the same consequences) [syn:
criminal negligence, culpable negligence] |
culpable negligence
(wn) | culpable negligence
n 1: (law) recklessly acting without reasonable caution and
putting another person at risk of injury or death (or
failing to do something with the same consequences) [syn:
criminal negligence, culpable negligence] |
GROSS NEGLIGENCE
(bouvier) | GROSS NEGLIGENCE. Lata culpa, or, as the Roman lawyers most accurately call
it) dolo proxima, is, in practice, considered as equivalent to dolus or
fraud itself, and consists, according to the best interpreters, in the
omission of that care which even inattentive and thoughtless men never fail
to take of their own property. Jones on Bailments, 20. It must not be
confounded, however, with fraud, for it may exist consistently with good
faith and honesty of intention, according to common law authorities.
|
NEGLIGENCE
(bouvier) | NEGLIGENCE, contracts, torts. When considered in relation, to contracts,
negligence may be divided into various degrees, namely, ordinary, less than
ordinary, more than ordinary. 1 Miles' Rep. 40.
2. Ordinary negligence is the want of ordinary diligence; slight or
less than ordinary negligence, is, the want of great diligence; and gross
or more than ordinary negligence, is the want of slight diligence.
3. Three great principles of responsibility, seem naturally to follow
this division.
4.-1. In those contracts which are made for the sole benefit of the
creditor, the debtor is responsible only for gross negligence, good faith
alone being required of him; as in tile case of a depositary, who is a
bailee without reward; Story, Bailm. 62; Dane's Ab. c. 17, a, 2; 14 Serg. &
Rawle, 275; but to this general rule, Pothier makes two exceptions. The
first, in relation to the contract of a mandate, and the second, to the
quasi contract negotiorum gestorum; in these cases, he says, the party
undertaking to perform these engagements, is bound to use necessary care.
Observation Generale, printed at the end of the Traite des Obligations.
5.-2. In those contracts which are for the reciprocal benefit of both
parties, such as those of sale, of hiring, of pledge, and the like, the
party is bound to take, for the object of the contract, that care which a
prudent man ordinarily takes of his affairs, and he will therefore be held
responsible for ordinary neglect. Jones' Bailment, 10, 119; 2 Lord Raym.
909; Story, Bailm. Sec. 23; Pothier, Obs. Gener. ubi supra.
6.-3. In those contracts made for the sole interest of the party who
has received, and is to return the thing which is the object of the
contract, such, for example, as loan for use, or commodatum, the slightest
negligence will make him responsible. Jones' Bailm. 64, 65; Story's Bailm.
Sec. 237; Pothier, Obs. Gen. ubi supra.
7. In general, a party who has caused an injury or loss to another in
consequence of his negligence, is responsible for all the consequence. Hob.
134; 3 Wils. 126; 1 Chit. TI. 129, 130; 2 Hen. & Munf. 423; 1 Str. 596; 3
East, R. 596. An example of this kind may be found in the case of a person
who drives his carriage during a dark night on the wrong side of the road,
by which he commits an injury to another. 3 East, R. 593; 1 Campb. R. 497; 2
Cam b. 466; 2 New Rep. 119. Vide Gale and Whatley on Easements, Index, h.t.;
6 T. R. 659; 1 East, R. 106; 4 B. & A; 590; S. C. 6 E. C. L. R. 628; 1
Taunt. 568; 2 Stark. R. 272; 2 Bing. R. 170; 5 Esp. R. 35, 263; 5 B. & C.
550. Whether the incautious conduct of the plaintiff will excuse the
negligence of the defendant, see 1 Q. B. 29; 4 P. & D. 642; 3 M. Lyr. & Sc.
9; Fault.
8. When the law imposes a duty on an officer, whether it be by common
law or statute, and he neglects to perform it, he may be indicted for such
neglect; 1 Salk. R. 380; 6 Mod, R. 96; and in some cases such neglect will
amount to a forfeiture of the office. 4 Bl. Com. 140. See Bouv. Inst. Index,
h.t.
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