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
Service under the auspices of the medical information bureau (MIB) that provides the insurance company with nonmedical information concerning the APPLICANT for DISABILITY INCOME INSURANCE. ...
Liability incurred by a party through entering into a written contract. ...
Life insurance policy under which there is rapid buildup of cash values due to high initial premiums such that after a given point in time no further premium payments are required (future ...
Failure of an insurance company to offer similar insurance coverages at comparable premium rates to all individuals or groups with the same underwriting characteristics. Such discriminatory ...
Coverage for extra expenses associated with the reconstruction of a damaged or destroyed building where zoning requirements mandate more costly construction material. This endorsement is ...
Choice among the following options made by retiree prior to retirement concerning the distribution of benefits: option since all income payments cease upon the death of the retiree. Monthly ...
Type of excess of loss reinsurance in which the insurance company (cedent) is guaranteed reinsurance for future covered losses once they exceed a specified amount on either a per loss, per ...
Provision of a property insurance policy which covers conditions usually present in a particular location. For example, there is an inherent risk of explosion in a flour mill. ...
Special-purpose health insurance policy that covers an insured for accidents while traveling. The policy may cover the insured for one specific trip or one particular type of travel, or it ...
Have a question or comment?
We're here to help.