negligence rule. Commercial law. The principle that if a party’s negligence contributes to an unauthorized signing or a material alteration in a negotiable instrument, that party is estopped from raising this issue against later parties who transfer or pay the instrument in good faith. • Examples of negligence include leaving blanks or spaces on the […]
divided-damages rule. Maritime law. The obsolete principle that when two parties are jointly liable to a third party for a tort, each party is liable for only half the damages. • The courts now apply a comparative-negligence standard. [Cases: Collision 143. C.J.S. Collision §§ 242, 245, 259, 261–262.] “For over a hundred years admiralty law
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economic-loss rule. Torts. The principle that a plaintiff cannot sue in tort to recover for purely monetary loss — as opposed to physical injury or property damage — caused by the defendant. • Many states recognize an exception to this rule when the defendant commits fraud or negligent misrepresentation, or when a special relationship exists
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step-in-the-dark rule. Torts. The contributory-negligence rule that a person who enters a totally unfamiliar area in the darkness has a duty, in the absence of unusual stress, to refrain from proceeding until first ascertaining the existence of any dangerous obstacles. See contributory negligence under NEGLIGENCE. [Cases: Negligence 1286(8). C.J.S. Negligence § 640.]
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distraction rule 注意分散规则 如果原告由于某一充分理由而从某一明知的危险转移注意，则其可不受混合过错〔contributory negligence〕的追究，并由陪审团对此作出裁断。 (→contributory negligence)
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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The principle that liability for negligence is apportioned in accordance with the percentage of fault that the fact-finder assigns to each party, that the plaintiff’s recovery will be reduced by the percentage of negligence assigned to the plaintiff, and that the plaintiff’s recovery is barred if the plaintiff’s percentage of fault is 50% or more.
Palsgraf rule (pawlz-graf).Torts. The principle that negligent conduct resulting in injury will lead to liability only if the actor could have reasonably foreseen that the conduct would cause the injury. • In Palsgraf v. Long Island R.R., 162 N.E. 99 (N.Y. 1928), two railroad attendants negligently dislodged a package of fireworks from a man they
collateral-negligence doctrine. The rule holding that one who engages an independent contractor is not liable for physical harm that the contractor causes if (1) the contractor’s negligence consists solely of the improper manner in which the contractor’s work is performed, (2) the risk of harm created is not normal to the work, and (3) the
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case-within-a-case rule. Torts. The requirement that a legal-malpractice-action plaintiff show that, but for the attorney’s negligence, the plaintiff would have won the case underlying the malpractice action. [Cases: Attorney and Client 112. C.J.S. Attorney and Client §§ 258–260.]
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