What does persisted mean?
intransitive verb. 1 : to go on resolutely or stubbornly in spite of opposition, importunity, or warning. 2 obsolete : to remain unchanged or fixed in a specified character, condition, or position.
What does foreseeable mean in law?
What this means is that a reasonable person has to be able to predict or expect any harmfulness of their actions. In these circumstances a reasonable person would anticipate that the chance is there for an accident to occur and the defendant are therefore negligent in these circumstances.
What is a foreseeable plaintiff?
Generally speaking, for bar exam purposes, foreseeable plaintiffs are those individuals who are within the zone of danger of defendant’s negligent conduct. …
What does foreseeable future mean in law?
Foreseeable future means the period used for assessing the total probability of an event occurring. Permanent structures and ecological sustainability should be expected to still exist at the end of a 150 year foreseeable future with an acceptably low probability of failure before that time. Sample 1. Sample 2.
What is unforeseen future?
: not anticipated or expected : not foreseen : unexpected an unforeseen delay unforeseen consequences.
What is foreseeable risk?
A likelihood of injury or damage that a reasonable person should be able to anticipate in a given set of circumstances. Foreseeable risk is a common affirmative defense put up by defendants in lawsuits for negligence, essentially claiming that the plaintiff should have thought twice before taking a risky action.
What does expertise mean?
Expertise is consensually defined as elite, peak, or exceptionally high levels of performance on a particular task or within a given domain. One who achieves this status is called an expert or some related term, such as virtuoso, master, maven, prodigy, or genius.
What is meant by a hazardous event?
Definition: The manifestation of a hazard in a particular place during a particular period of time. Annotation: Severe hazardous events can lead to a disaster as a result of the combination of hazard occurrence and other risk factors.
What does contributory negligence mean in law?
Contributory negligence is the plaintiff’s failure to exercise reasonable care for their safety. A plaintiff is the party who brings a case against another party (the defendant). Often, defendants use contributory negligence as a defense.
What are the examples of contributory negligence?
For example, in a car accident between car A and car B, car A’s driver was speeding and car B’s driver was driving drunk. Both drivers are engaged in negligent risk creating behavior. The negligence on the part of the injured plaintiff is called contributory negligence.
What is contributory law?
A common law tort rule, abolished in most jurisdictions. Under contributory negligence, a plaintiff was totally barred from recovery if they were in any way negligent in causing the accident, even if the negligence of the defendant was much more serious.
What is traditional negligence?
Traditionally, the courts viewed contributory negligence as a total bar to the recovery of any damages. Under the traditional view, if a person had contributed to the accident in any way, the person was not entitled to compensation for his or her injuries.