glossary

peril of the sea

peril of the sea. An action of the elements at sea of such force as to overcome the strength of a well-founded ship and the normal precautions of good marine practice. • A peril of the sea may relieve a carrier from liability for the resulting losses. — Also termed danger of navigation; danger of

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dual capacity doctrine

dual-capacity doctrine. The principle that makes an employer — who is normally shielded from tort liability by workers’-compensation laws — liable in tort to an employee if the employer and employee stand in a secondary relationship that confers independent obligations on the employer. Cf. DUAL-PURPOSE DOCTRINE . [Cases: Workers’ Compensation 2162.]

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