Tort, Defense Against Unintentional
Definition of "Tort, defense against unintentional"
Excuses raised by a defendant in a negligent suit (unintentional tort). There are three basic defenses to unintentional torts or negligence.
- ASSUMPTION OF RISK an individual (plaintiff), by not objecting to the negligent conduct of another, acknowledges awareness of the present danger and consents to it.
- CONTRIBUTORY NEGLIGENCE both individuals have contributed to an injury or property damage sustained by one or both individuals.Under this circumstance neither should be allowed to collect from the other.
- COMPARATIVE NEGLIGENCE where both plaintiff and defendant contributed to plaintiff's injury, the apportionment of some fault to the plaintiff reduces the liability of the defendant.
Popular Insurance Terms
Periodic payments to an annuitant. ...
Observance of an event occurring on a repeated basis that leads one to believe that a certain probability is attached to the occurrence of that event. For example, if there are a red ball ...
State law that stipulates that goodwill as an admitted asset cannot be greater than 10% of adjusted surplus. ...
Prepaid legal insurance coverage plan sold on a group basis. Entitles a group member to a schedule of benefits, at a stipulated premium, for adoptions, probates, divorces, and other legal ...
Clause in a property insurance policy that requires the insurance coverage in that policy to be allocated in the proportion that it bears to the total insurance coverage in force from all ...
Provision in many property insurance policies that allows an insured to pick coverage for selected perils. The choices are explosion; explosion, riot and civil commotion; explosion, riot ...
Dividends paid historically, currently, and projected. ...
Type of pension plan in which the employer (if noncontributory plan) or the employer and employee (if contributory plan) make level annual premium payments to fund the future retirement ...
Trade association of surplus lines agents and insurers. ...
Have a question or comment?
We're here to help.