Equity assists ignorance，but not carelessness. 衡平法帮助不知，不帮助不注意。 这是衡平法的一项基本原则，其拉丁文为aequitas ignorantia opitulantur，oscitantiae non item。其意思为：衡平法对那些未对自己的权利加以注意因而蒙受只要加以普通注意便可避免的损失的人不予救济。
Equity assists ignorance，but not carelessness. Read More »
carelessness, n. 1. The fact, condition, or instance of a person’s either not having done what he or she ought to have done, or having done what he or she ought not to have done. 2. A person’s general disposition not to do something that ought to be done. “The word ‘carelessness’ as a synonym
A wrong in which the mens rea is a form of mere carelessness, as opposed to wrongful intent.
wrong of negligence Read More »
Property that the owner no longer possesses because of accident, negligence, or carelessness, and that cannot be located by an ordinary, diligent search. Cf. abandoned property; mislaid property. [Cases: Abandoned and Lost Property 10.]
A hazard that has its inception in mental attitudes. • Examples include dishonesty, carelessness, and insanity. The risk that an insured will destroy property or allow it to be destroyed (usu. by burning) in order to collect the insurance proceeds is a moral hazard. Also, an insured’s potential interest, if any, in the burning of
Censurable or blameworthy neglect; neglect that is less than gross carelessness but more than the failure to use ordinary care.
hazard, n. 1. Danger or peril; esp., a contributing factor to a peril. See PERIL. extraordinary hazard. Workers’ compensation. An unusual occupational danger that is increased by the acts of employees other than the injured worker. — Also termed extraordinary danger. [Cases: Workers’ Compensation 511–520, 678. C.J.S. Workmen’s Compensation §§ 288–304, 338, 409, 420, 424.]
A failure — which the law will excuse — to take some proper step at the proper time (esp. in neglecting to answer a lawsuit) not because of the party’s own carelessness, inattention, or willful disregard of the court’s process, but because of some unexpected or unavoidable hindrance or accident or because of reliance on
recklessness, n. 1. Conduct whereby the actor does not desire harmful consequence but nonetheless foresees the possibility and consciously takes the risk. • Recklessness involves a greater degree of fault than negligence but a lesser degree of fault than intentional wrongdoing. [Cases: Negligence 274. C.J.S. Negligence §§ 104–105, 109.] 2. The state of mind in