fellow-servant rule. A common-law doctrine holding that an employer is not liable for an employee’s injuries caused by a negligent coworker. • This doctrine has generally been abrogated by workers’-compensation statutes. In some jurisdictions, employees were considered fellow servants when they were working with one aim or result in view. In others, the relation of […]
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scintilla-of-evidence rule. A common-law doctrine holding that if even the slightest amount of relevant evidence exists on an issue, then a motion for summary judgment or for directed verdict cannot be granted and the issue must go to the jury. • Federal courts do not follow this rule, but some states apply it. — Also
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majority rule. 1. The principle that a majority of a group has the power to make decisions that bind the group; the principle that in the choice of alternatives, the one preferred by the greater number is selected. • It is governance by the majority of those who actually participate, regardless of the number entitled
presumption-of-identity rule. The common-law rule that unless there is a specific, applicable statute in another state, a court will presume that the common law has developed elsewhere identically with how it has developed in the court’s own state, so that the court may apply its own state’s law. • Today this rule applies primarily in
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parol-evidence rule. Contracts. The common-law principle that a writing intended by the parties to be a final embodiment of their agreement cannot be modified by evidence of earlier or contemporaneous agreements that might add to, vary, or contradict the writing. • This rule usu. operates to prevent a party from introducing extrinsic evidence of negotiations
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Contracts. The doctrine that the acceptance of a contractual offer must be positive, unconditional, unequivocal, and unambiguous, and must not change, add to, or qualify the terms of the offer; the common-law principle that for a contract to be formed, the terms of an acceptance must correspond exactly with those of the offer. • In
Criminal law. The common-law principle that an act causing death is not homicide if the death occurs more than a year and a day after the act was committed. • In Latin, the phrase year and a day was commonly rendered annus et dies. [Cases: Homicide 510.]
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common-law rule. 1. A judge-made rule as opposed to a statutory one. [Cases: Common Law 1. C.J.S. Common Law §§ 1–4, 21.] 2. A legal as opposed to an equitable rule. 3. A general rule as opposed to one deriving from special law (such as a local custom or a rule of foreign law that,
mirror-image rule. Contracts. The doctrine that the acceptance of a contractual offer must be positive, unconditional, unequivocal, and unambiguous, and must not change, add to, or qualify the terms of the offer; the common-law principle that for a contract to be formed, the terms of an acceptance must correspond exactly with those of the offer.
impact rule. Torts. The common-law requirement that physical contact must have occurred to allow damages for negligent infliction of emotional distress. • This rule has been abandoned in most jurisdictions. — Also termed physical-impact rule. [Cases: Damages 50. C.J.S. Damages § 96; Torts §§ 74, 80–81, 83.]