Insurance. The principle that an insurer may deny (esp. liability) coverage when an insured engages in behavior that is so ill-conceived that the insurer should not be compelled to bear the loss resulting from the insured’s actions. — Also termed damned-fool doctrine.
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Hist. Eccles. law. A tribunal responsible for inquiring into religious offenses such as the holding of heretical opinions, and absence from church. • Functioning as a court, the High Commission also prosecuted violations of the Acts of Supremacy and Uniformity (1559), the statutes that gave the Crown supreme power over the Church of England. The
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freeze-out, n. Corporations. The process, usu. in a closely held corporation, by which the majority shareholders or the board of directors oppresses minority shareholders in an effort to compel them to liquidate their investment on terms favorable to the controlling shareholders. Cf. SQUEEZE-OUT T. [Cases: Corporations 182.3, 584; Securities Regulation 60.21. C.J.S. Corporations §§ 344,
A proceeding to establish a plaintiff’s title to land by compelling the adverse claimant to establish a claim or be forever estopped from asserting it. — Also termed quiet-title action. [Cases: Quieting Title 1. C.J.S. Quieting Title §§ 1, 3, 6.]
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Alford plea. A guilty plea that a defendant enters as part of a plea bargain, without actually admitting guilt. • This plea is not considered compelled within the language of the Fifth Amendment if the plea represents a voluntary, knowing, and intelligent choice between the available options (the defendant — realizing the strength of the
damn-fool doctrine. Insurance. The principle that an insurer may deny (esp. liability) coverage when an insured engages in behavior that is so ill-conceived that the insurer should not be compelled to bear the loss resulting from the insured’s actions. — Also termed damned-fool doctrine. “The ‘damn foolish acts’ concept is not a perfect predictor of
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squalor carceris (skway-lor kahr-s[schwa]r-is). [Law Latin] Scots law. The strictness of imprisonment. “This term means merely the strictness of imprisonment which a creditor is entitled to enforce, with the view of compelling the debtor to pay the debt, or disclose any funds which he may have concealed. It does not imply (as it did with
A necessity involving an actual, tangible force that compels a person to act in a particular way.
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continuando (k[schwa]n-tin-yoo-an-doh). [Law Latin “by continuing”] Hist. An allegation charging that the trespass or other wrongful act complained of constitutes a continuing tort against the plaintiff’s property. “In trespasses of a permanent nature, where the injury is continually renewed, (as by spoiling or consuming the herbage with the defendant’s cattle) the declaration may allege the
solidary (sol-[schwa]-der-ee), adj. (Of a liability or obligation) joint and several. See JOINT AND SEVERAL. [Cases: Action 14. C.J.S. Actions § 64.] “It is a single debt of £100 owing by each of them, in such fashion that each of them may be compelled to pay the whole of it, but that when it is