(1) Negligence: An affirmative defense in a claim of negligence where the defendant argues that the plaintiff obviously knew of a significant risk of danger in advance and, as such, assumed liability for the risk. For example, a person going mountain climbing understands that there are significant risks of danger of a fall. (2) Contract: When a party purchases a right from … [Read more...]

Beyond the reach of personal influence or control. Parties are said to deal "at arm's length" when each stands upon the strict letter of his rights, and conducts the business in a formal manner, without trusting to the other's fairness or integrity, and without being subject to the other's control or overmastering influence. … [Read more...]

Eng. law. This was the name of an ancient court; it derived its name from assideo, to sit together. It was a kind of jury before which no evidence was adduced, their verdict being regarded as a statement of facts, which they knew of their own knowledge. 2. The name of assize was also given to a remedy for the restitution of a freehold, of which the complainant had been … [Read more...]

See assignment of accounts receivable. … [Read more...]

(Assize of Mort D' Ancestor) The name, of an ancient writ, now obsolete. It might have been sued out by one whose father, mother, brother, died seised of lands, and tonements, which they held in fee , and which, after their death, a stranger abated. Reg. Orig. 223. See Mort d' Ancestor. … [Read more...]