N
A flexible term for the failure
to use ordinary care, under the particular factual circumstances revealed by
the evidence in a lawsuit. (2) Conduct which falls below the standard
established by law for the protection of others against unreasonable risk of
harm. It does not include conduct recklessly disregardful of an interest of
others Restatement (Second) of Torts ss
282.
Lat., no contest; a plea in
criminal cases whereby the defendant tacitly admits his guilt by throwing
himself on the mercy of the court.
A token sum awarded, where a
breach of duty or an infraction of plaintiffs' rights is shown, but no
substantial injury is proven to have been sustained.
Information given to a person of
some act done, or about to be done; knowledge. Notice may be actual, when
knowledge is brought home to the party to be affected by it; or constructive,
when certain acts are done in accordance with law, from which, on grounds of
public policy, the party interested is presumed to have knowledge. It may be
written, or oral, but written notice is preferable as avoiding disputes as to
its terms. (2) A person has notice of a fact when he has actual knowledge of
it, or he has received a notice or notification of it, or from all the facts
and circumstances known to him at the time in question, he has reason to know
that it exists. U.C.C. ss1&-201(25).
The substitution of a new
obligor or obligation for an old one, which is thereby extinguished, e.g., the
acceptance of a note of a third party in payment of the original promisors
obligation, or the note of an individual in lieu of that of a corporation.
Accord, Restatement (Second) of Contracts ss 280.
A flexible and imprecise term
for various activities which annoy, harm, inconvenience or damage other
persons, under the particular facts and circumstances proven in a lawsuit or
criminal prosecution. It may be (a) private, as where one uses his property so as to damage anothers or to disturb his
quiet enjoyment of it; or (b) public, or common, where the whole community is
annoyed or inconvenienced by that offensive acts, e.g., where a person
obstructs a highway, or carries on a business that fills the air with noxious
and offensive fumes.
