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negligence in civil law

Subject: Law

In civil law the term ‘negligence’ is used in two main senses, one referring to the tort of negligence and the other to a certain sort of conduct. The tort ...

negligence in civil law

negligence in civil law   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
1,563 words

... in civil law For present purposes, civil law is contrasted with criminal law. In civil law, the term ‘negligence’ is used in two main senses. One sense, specific to tort law , refers to the ‘tort of negligence’. The other sense refers to conduct of a certain quality—ie ‘negligent conduct’. Negligence as a tort Saying that negligence is ‘a tort’ means that it provides a basis on which a person can make a ‘tort claim’ against another and on which the other can be held liable ‘in tort’. Understood in this way, a tort is a set of rules and principles that...

negligence in civil law

negligence in civil law  

Reference type:
Overview Page
Subject:
Law
In civil law the term ‘negligence’ is used in two main senses, one referring to the tort of negligence and the other to a certain sort of conduct. The tort ...
Central Government, Courts, and Taxation

Central Government, Courts, and Taxation   Quick reference

R. W. Hoyle

The Oxford Companion to Local and Family History (2 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
History, Local and Family History
Length:
7,753 words
Publisher:
Oxford University Press

...and interests above the needs of their counties. JPs in the 1530s rushed to tell Cromwell and the Council of potentially treasonable gossip out of fear that their negligence might be discovered and found culpable. At other periods the desire to avoid central interference led JPs to keep the centre ignorant of their actions: in 1793 the magistrates in Bristol chose not to tell the Home Office of riots in which the militia had shot rioters. Until the early 19th century the English had laws rather than government, hence the information that central...

Exodus

Exodus   Reference library

Walter Houston and Walter Houston

The Oxford Bible Commentary

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
30,486 words
Publisher:
Oxford University Press

...legal person. ( 21:28–36 ) The case of the goring ox is a topic also in Mesopotamian codes. It serves as a standard example of the way to treat cases of negligence, and of how to distinguish between accident ( vv. 28, 35 ) and culpable negligence. The one feature that would not be found in contemporary or modern laws is that the ox itself, if it has killed a person, is treated as a criminal and stoned rather than slaughtered in the normal way ( vv. 28, 29, 32 ). Here religious factors enter in. The ox has transgressed boundaries between human and animal and...

Leviticus

Leviticus   Reference library

Lester L. Grabbe and Lester L. Grabbe

The Oxford Bible Commentary

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
22,756 words
Publisher:
Oxford University Press

...( vv. 33–4 ); have honest scales and measures ( vv. 35–6 ). Many of these are what we might call civil law, but here they are given a religious sanction and thus brought under cultic law. The motive clause, ‘(for) I am YHWH’, occurs frequently. The laws proper ( vv. 3–36 ) are not of a piece because there is some overlap between the various ones. For example, the sabbath is mentioned twice ( vv. 3, 30 ). It has been noted that vv. 11–18 have a common vocabulary in ‘friend’ ( rēa῾ ), ‘associate’ (῾ āmît ), and ‘people’ (῾ am ) ( Wenham 1979 : 267 ). Scholars...

criminal negligence

criminal negligence  

Reference type:
Overview Page
Subject:
Law
At common law the standard required to prove criminal negligence involves an extra element beyond what would be required to prove negligence as an actionable tort. Criminal negligence requires ...
Civil Liability Acts

Civil Liability Acts  

Reference type:
Overview Page
Subject:
Law
State and territory legislation governing claims for damages for personal injury or death resulting from negligence: Civil Law Wrongs Act 2002 (ACT); Civil Liability Act 2002 (NSW); Civil Liability ...
running-down action

running-down action  

Reference type:
Overview Page
Subject:
Law
A civil action for negligence that has resulted in personal injuries sustained in a motor vehicle collision. Available only in jurisdictions that have not legislated a motor vehicle accident scheme ...
presumption of negligence

presumption of negligence  

Reference type:
Overview Page
Subject:
Law
In a case of self-evident negligence the plaintiff may put a plea of res ipsa loquitur (the thing speaks for itself) to the court, which the court, at its discretion ...
Ipp Report

Ipp Report  

Reference type:
Overview Page
Subject:
Law
The report of the Panel of Eminent Persons (Ipp Panel), titled Review of the Law of Negligence (2002), produced after a review of the law of negligence that included its ...
documentary case

documentary case  

Reference type:
Overview Page
Subject:
Law
A case that relies exclusively upon documents. Large commercial cases in particular often depend heavily or entirely upon documents (e.g. a case in negligence against an auditor). However, while a ...
professional negligence

professional negligence  

Reference type:
Overview Page
Subject:
Law
At common law a legal practitioner has a duty to provide professional services with a fair, reasonable and competent degree of care and skill. The client may sue in tort ...
voluntary assumption of risk

voluntary assumption of risk  

Reference type:
Overview Page
Subject:
Law
(Latin volenti non fit injuria)A complete defence to negligence, when it can be established that a plaintiff was not only aware of the risk of loss or injury that ...
no-fault liability

no-fault liability  

Reference type:
Overview Page
Subject:
Law
Legal responsibility (liability) to compensate another person for injury, irrespective of any carelessness or negligence on the part of the person required to pay.
medical negligence

medical negligence  

Reference type:
Overview Page
Subject:
Law
Doctors are under a legal duty to take care in the diagnosis, the provision of information about treatment, and the treatment of their patient. A patient who is harmed as ...
fault-based civil liability

fault-based civil liability  

Reference type:
Overview Page
Subject:
Law
Civil liability is contrasted with criminal liability. Civil liability can be either for fault or regardless of fault (‘strict’). In civil law (tort law and contract law, for instance), fault ...
contributory negligence

contributory negligence  

Reference type:
Overview Page
Subject:
Law
A person's carelessness for his own safety or interests, which contributes materially to damage suffered by him as a result partly of his own fault and partly of the fault of another person or ...
legal professional liability

legal professional liability  

Reference type:
Overview Page
Subject:
Law
(advocates' immunity)At common law an advocate cannot be sued by a client for negligence in the conduct of a case in court, or negligence in work out of court ...
negligence

negligence  

Reference type:
Overview Page
Subject:
Law
N.1 Carelessness amounting to the culpable breach of a duty: failure to do or recognize something that a reasonable person (i.e. an average responsible citizen) would do or recognize, or doing ...
pre-action protocols

pre-action protocols  

Reference type:
Overview Page
Subject:
Law
Protocols introduced in 1999 to speed up the early parts of the litigation process. Pre-action protocols encourage greater contact between the parties at the earliest possible opportunity in order to ...

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