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
Policy that has an initial premium with flexible premiums thereafter. Within limits, a policy owner can select both the future amount and frequency of premiums, or can stop and start ...
Act that prohibits insurance companies, group health plans, and health maintenance organizations from establishing lifetime limits or annual limits on mental health coverage that are lower ...
Unallocated funding instrument for pension plans under which premiums are placed on deposit, and are not currently allocated to the purchase of benefits for the employee. At retirement, an ...
Statutory underwriting gain minus (or loss plus) policyholder's dividends. ...
Coverage if state or municipal law requires that a damaged or destroyed building must be rebuilt at an increased cost to comply with building code provisions that were not in effect when ...
Same as term Deposit Term Life Insurance: policy in which a premium (the deposit) is paid in the first policy year, in addition to the regular term insurance premiums required. The deposit ...
Particular type of inland marine insurance. ...
Determination that group plans offering legal services are limited to an annual tax-free benefit of $70 per employee; group plans may offer employer-provided educational assistance plans on ...
Federal law passed in 1920 that allows any seaman incurring bodily injury as the result of the performance of one or more functions of the job to bring a suit for damages against the ...
Have a question or comment?
We're here to help.