Search Results for: ILL

equitable assignment

An assignment that, although not legally valid, will be recognized and enforced in equity — for example, an assignment of a chose in action or of future acquisitions of the assignor. • To accomplish an “equitable assignment,” there must be an absolute appropriation by the assignor of the debt or fund sought to be assigned.

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lamb weston rule

Lamb-Weston rule. Insurance. The doctrine that, when two insurance policies provide coverage for a loss, and each of them contains an other-insurance clause — creating a conflict in the order or apportionment of coverage — both of the other-insurance clauses will be disregarded and liability will be prorated between the insurers. Lamb-Weston, Inc. v. Oregon

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pauline privilege

Pauline privilege. Eccles. law. The doctrine that a baptized person’s marriage to a never-baptized person may be dissolved under certain circumstances, when dissolution is beneficial to the church. • The privilege is ordinarily exercised when (1) the marriage was valid, (2) the baptized spouse now wishes to marry a Catholic, and (3) at the time

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50 percent rule

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.

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