warehouser. One who, as a business, keeps or stores the goods of another for a fee. • The transaction in which a warehouser engages is a bailment for the benefit of both parties, and the bailee is liable for ordinary negligence. — Also termed warehouseman. See BAILEE. [Cases: Warehousemen 3. C.J.S. Warehousemen and Safe De-positaries […]
malpractice (mal-prak-tis). An instance of negligence or incompetence on the part of a professional. • To succeed in a malpractice claim, a plaintiff must also prove proximate cause and damages. — Also termed professional negligence. [Cases: Negligence 321. C.J.S. Negligence § 162.] legal malpractice. A lawyer’s failure to render professional services with the skill, prudence,
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.]
Conduct committed with an intentional or reckless disregard for the safety of others, as by failing to exercise ordinary care to prevent a known danger or to discover a danger. — Also termed willful indifference to the safety of others. [Cases: Automobiles 181(1); Negligence 275. C.J.S. Motor Vehicles §§ 793–794, 796, 798–804, 807, 810; Negligence
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emergency doctrine. 1. A legal principle exempting a person from the ordinary standard of reasonable care if that person acted instinctively to meet a sudden and urgent need for aid. — Also termed imminent-peril doctrine; sudden-emergency doctrine; sudden-peril doctrine. [Cases: Negligence 291. C.J.S. Negligence §§ 69–73.] 2. A legal principle by which consent to medical
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diligence n. (1)谨慎；注意；勤勉 在特定情况下对某人所要求的注意义务，与「negligence」相对。在罗马法中的对应词为「diligentia」，意谓注意、无过失，在现代英语，此词义已不常用，但作为法律措词的古语仍保留至今。普通法与罗马法对于注意均分成三种不同的程度：一般注意〔ordinary diligence (diligentia)〕；特别注意〔extraordinary diligence (exactissima diligentia)〕和轻微注意〔slight diligence (levissima diligentia)〕 。(→care) (2)〈苏格兰〉强制(执行债务)令 债权人通过该种法律形式而强制债务人偿付债务，它通常是在法院作出支付判决的基础上进行的。包括以下形式：１通过民事拘禁方式而对人强制(目前已废止)；２对可继承不动产的强制，包括对地产的判决、禁令和扣押、对财产的评估与拍卖等；３对动产的强制，包括扣押、冻结、拍卖，以及对土地保有人财产的拍卖和对破产者的商业性查封。 (3)强制证人出庭或出示文件之令状
care, n. 1. Serious attention; heed (written with care). 2. Under the law of negligence or of obligations, the conduct demanded of a person in a given situation. • Typically, this involves a person’s giving attention both to possible dangers, mistakes, and pitfalls and to ways of minimizing those risks (standard of care). See DEGREE
As a test of liability for negligence, the degree of care that a prudent and competent person engaged in the same line of business or endeavor would exercise under similar circumstances. — Also termed due care; ordinary care; adequate care; proper care. See REASONABLE PERSON. [Cases: Negligence 233. C.J.S. Negligence §§ 34, 118–121, 125–127, 130–131,
reasonable person. 1. A hypothetical person used as a legal standard, esp. to determine whether someone acted with negligence; specif., a person who exercises the degree of attention, knowledge, intelligence, and judgment that society requires of its members for the protection of their own and of others’ interests. • The reasonable person acts sensibly, does