| 词汇 | example_english_negligence |
| 释义 | Examples of negligenceThese examples are from corpora and from sources on the web. Any opinions in the examples do not represent the opinion of the Cambridge Dictionary editors or of Cambridge University Press or its licensors. Prospective research subjects should not be invited to consent to what by law would constitute negligence in the practice of medicine. Complaints can cover any aspect of the solicitor's work, excluding negligence. All those involved in its making must bear culpability for the sheer human cost of their astounding negligence. The payment of damages for negligence, is, in contrast, entirely without redeeming features. There have been some dramatic prosecutions of commercial fraud, or what may be seen as criminal negligence. Such cases exemplify how, even though a negligence claim may be successful, damages are still not awarded. What is needed, therefore, is a justification for punishing criminal negligence that will not extend to ordinary negligence. If negligence is itself wrongdoing and the parties are equally negligent, then-it might be argued-the liability of the parties ought to be similar. As is no doubt obvious, implementing a natural lottery rule is superficially identical to the standard practice of negligence law. We do not even begin to think of seeking compensation for mere negligence but almost always only for actual harm suffered. We then look at the usage of the word "negligence," because this is a way to gain access to our intuitions about the concept. Three senior medical officials were convicted of criminal negligence and fraud and were sentenced to prison. Suppose two people disagree about an important issue, and the disagreement is not due to one party's epistemic negligence or obliviousness to relevant evidence. The perception of physician negligence was associated with elevated anger. The others were found guilty of financial impropriety or negligence causing losses of revenue to the state. Finally, in a single sentence, the lawyers mentioned the principle of contributory negligence. A man somewhat crabbily tells his wife that extravagance, carelessness and negligence [faz-l kharch, be-parw-i, gaflat] have ruined u a countries and families. Negligence is a question of fact and not of law; and the court had no right to determine it. Negligence and marginalization, combined with decades of religious discrimination, drove dissent and violent action. An employer could also perhaps defend himself on the ground of an employee's own contributory negligence. Furthermore, it was clear that the contributory negligence of the owners of the stock could be raised as a defense. Such negligence, happily, is not apparent in her playing: all the composers represented must feel fortunate to have so thoughtful and impressive an interpreter. To see this, consider a situation in which a man gets his car dented due to another driver's negligence. Similarly, we might have some difficulty in defining "negligence," but we know that the word applies to the behavior of drunk drivers, for instance. Reports from other fatal accidents concluded that in most cases, human negligence were the cause of these sad accidents. The irrigation systems died from our own foolishness and our negligence. He accuses himself of negligence and exaggerates minor omissions. Under the factory act, an employer could be penalized a maximum of £100 for negligence in failing to fence machinery. All of the versions64 evince textual problems likely attributable to scribal negligence. On the basis of these evaluations of face validity, the description of the category 'negligence' was expanded. An objection to our account might be that negligence law is not solely concerned with behavior that imposes risks upon others. The first of these is a factor in setting standards of care in negligence as well as in determining which activities to forbid. If this is nonculpable negligence when he lacks capacity, it is still nonculpable negligence when he has it. I will first explain its role in the law of negligence, and then go on to look at its role in justifying injunctive relief. The bill went through several changes in the key language until the phrase ' the personal negligence or wilful act of the employer ' was proposed. Why have you stuffed your ears with the cotton of negligence and do not respond to this divine call? Is any element of this conflict based on issues of negligence, either real or perceived? Proving negligence was made difficult by three common law defenses available to employers. At once villain and victim, he scuttles along shady demarcations that separate speculation from investment, fraud from mere negligence, swindles from prevarication. The focus on public duties was at the heart of the elevation of "negligence" from a descriptive term to a nearly all-encompassing category of actions. First, the failure to heed available evidence need not constitute negligence. The most troublesome aspect of negligence law to reconcile with the risk-liability theory is the defense of contributory negligence on the part of the plaintiff. Where contributory negligence is permitted as a defense, any negligence on the part of the plaintiff, of whatever degree, is sufficient to prevent recovery. A defender of the risk-liability theory, then, would welcome the moves to limit the defense of contributory negligence that have occurred in the last century. Doing harm to patients through carelessness can lead to at least a reprimand and perhaps being sued for negligence. A physician's failure to make that assessment can be as much an instance of medical negligence as missing a diagnosis or providing inappropriate treatment. Roughly we can distinguish malice, recklessness, negligence, and incompetence. We judge the degree of one's negligence not by an isolated review of conduct, but with reference to a community standard and expectation of care. Fences were protected from the outset against the negligence of neighbours. However, such misunderstandings are not solely down to negligence on the part of a few news journalists and sub-editors. In the common law tradition, torts are referred to and applied according to specific categories or nominate duties such as negligence, nuisance and intentional torts. By contrast, negligence law only takes an interest in a defendant's conduct if injur y results. If no injur y results, no tort of negligence has been completed. Lack of discussions about the peers within the family was also interpreted as a sign of negligence. There were fears, too, that such negligence might have political consequences in an age of rising colonial nationalism. Note, finally, that among the actions that could have prevented the need for a claim, explanation and apology plus admission of negligence comprise over half. In addition to the doctrine of common employment, the common law gave employers two other important defences to employee negligence claims. The first "hadith critics" emerged in response to later negligence of rigor in transmission. Morales is not an example of legislative negligence. Similarly, we know that liability in tort usually requires "negligence," but we often have difficulty in determining if a person behaved negligently or not. Erasing all of the effects of the negligence seems to require my death. Similarly, although the rule of negligence has been paraphrased in many different circumstances, there is still room for doubt. Here the defendant-driver's negligence is not complete in the sense specified above. Nevertheless, he simply cannot avert the harm: his negligence is irreversible. If the plaintiff himself had not been more than ordinarily careful, he could not recover for the negligence of the defendant. A zookeeper can defend himself against a dangerous animal, even if the zookeeper's negligence caused the animal's escape. First, under the "fellow servant" doctrine an injured employee could be held responsible for negligence of other employees. There was nothing novel about the defense of contributor y negligence, of course, but the railroad company here added a new twist. The first held that a worker injured as a result of the negligence of a fellow employee could not sue their common employer. Furthermore, reluctance or negligence among medical professionals to report complications could have contributed to the observed discrepancy. Dumping control on patients with no concern for their self-efficacy is an act of cruel negligence that provides only a frustrating semblance of autonomy. Many women suffer from negligence and go out for work. Most cases which fall into this category are traffic accidents involving death or serious injury due to driver negligence. The recognized risk of bleeding was, after all, independent of any negligence on the part of the surgeon. However, in the context of a strike, which is an intentional activity, negligence is not the issue. 28. The ramifications of this error of negligence were predicted to be catastrophic. In this regard, legislatures need to address questions such as the relaxation of rules governing credentialing, licensing, negligence, documentation, and reimbursement. Under this new plan, a fixed statutory scale would define somewhat limited payments for all injuries, regardless of whose negligence caused the accident. With negligence out of the calculation, employers could more easily insure themselves, liability being easier to predict, and thus substantial premiums saved. Employers' liability was extended to the negligence of subcontractors, and no limitation was placed on the amount of damages a worker could recover. There were two other cases involving misdiagnosis where pregnancy tests had given a false negative result and there was no question of medical negligence. They may become the subject of a civil suit for negligence where damage results. On this analysis, traffic laws are not simply the codification of common law standards of negligence. Negligence law treats this issue by means of the conceptual apparatus of a duty of care. While clearly very rough, these two principles provide a reasonably neat explanation of negligence law. The same, by the way, is true of negligence. To understand this part of negligence doctrine is, at least in significant part, to grasp this idea. The author comments that this is somewhat surprising, given that employers have vicarious liability for the negligence of employees. I will argue that this account explains why the breach of a criminal statute is negligence per se for purposes of tort law. The definition of negligence mentioned above raises a lot of questions. The third difficulty is that the simple picture seems to allow luck to infect the morality of negligence law. The torts of negligence, trespass, and so on would then be understood as based on different varieties of rights infringement. From time immemorial, of course, negligence by the injured employee that contributed significantly to causing the accident had exculpated the employer. The question here, after all, is not one of negligence for having created a risk of assaultive pregnancy. Indemnification is not dependent on an error, carelessness, or negligence on the part of the healthcare staff. Building failure claims reveal a substantial contributory negligence aspect for the client where they have stopped and changed programmes, cut budgets, insisted on certain materials, certain contractors and particular procedures. Further, compared to education and research, performance is an area of governance which has the most direct effect on the public (as cases of medical negligence demonstrate). Such is the case when a victim suffers injury from a nonnegligent doer and therefore, in a negligence regime, can state no legal claim for compensation. The stage is then set for a systematic treatment in subsequent chapters of human factors, errors, violations, negligence, recklessness, blame, standards of care, expert witnesses, and compensation to the injured. These examples are from corpora and from sources on the web. Any opinions in the examples do not represent the opinion of the Cambridge Dictionary editors or of Cambridge University Press or its licensors. |
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