Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Danger
1 Peril; exposure to harm, loss, pain, or other negative result. 2. A cause of peril; a menace.
Dangeria
n. Hist. Payment by forest tenants to the lord so that they can plow and sow in time of mast feeding by swine in the forest.
Dangerous
adj. 1. (Of a condition, situation, etc.) perilous; hazardous; unsafe <a dangerous intersection>. 2. (Of a person, an object, etc.) likely to cause serious bodily harm <a dangerous weapon> <a dangerous criminal>.
Endangerment
n. The act or an instance of putting someone or something in danger; exposure to peril or harm. - endanger, ub. See CHILD ENDANGERMENT; RECKLESS ENDANGERMENT.
abnormally dangerous activity
An undertaking that cannot be performed safely even if reasonable care is used while performing it, and for which the actor may face strict liability for any harm caused; esp., an activity (such as dynamiting) for which the actor is held strictly liable because the activity (1) involves the risk of serious harm to persons or property, (2) cannot be performed without this risk, regardless of the precautions taken, and (3) does not ordinarily occur in the community. 0 Under the Restatement (Second) of Torts, determining whether an activity is abnormally dangerous includes analyzing whether there is a high degree of risk of harm, whether any harm caused will be substantial, whether the exercise of reasonable care will eliminate the risk, whether the activii,~ is a matter of common usage, whether the activity is appropriate to the place in which it occurs, and whether the activity's value to society outweighs its dangerousness. estatement (Second) of Torts § 520 (1977). -Also termed ultrahazardous activity. See strict liability under LIABILITY. abode. A home; a fixed place of residence. See DOMICILE.
apparent danger
see danger.
child endangerment
The placing of a child in a place or position that exposes him or her to danger to life or health.
clear-and-present-danger test
Constitutional law. The doctrine allowing the government to restrict the First Amendment freedoms of speech and press if necessary to prevent immediate and severe danger to interests that the government may lawfully protect. 0 This test was formulated by Justice Oliver Wendell Holmes in Schenck v. United States, 249 U.S. 47, 39 S.Ct. 247 (1919).
danger of navigation
See PERIL OF THE SEA.
danger of river
See PERIL OF THE SEA.
danger-creation doctrine
The theory that if a state's affirmative conduct places a person in jeopardy, then the state may be liable for the harm inflicted on that person by a third party. ( This is an exception to the general principle that the state is not liable for an injury that a third party inflicts on a member of the public. - Also termed danger-creation exception. Cf. SPECIAL-RELATIONSHIP DOCTRINE.
danger-invites-rescue doctrine
The principle holding a defendant liable not only for injuries to the person that the defendant has imperiled, but also for injuries that a third person receives while trying to rescue the imperiled person. "Danger invites rescue. The cry of distress is the summons to relief. The law does not ignore these reactions of the mind in tracing conduct to its consequences. It recognizes them as normal. It places their effects within the range of the natural and probable. The wrong that imperils life is a wrong to the imperiled victim; it is a wrong also to his rescuer . . . . The railroad company whose train approaches without signal is a wrongdoer toward the traveler surprised between the rails, but a wrongdoer also to the bystander who drags him from the path . . . . The emergency begets the man. The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had." Wagner u. International Ry. Co., 133 N.E. 437, 437-38 (ICY. 1921).
danger-utility test
See RISK-UTILITY TEST.
dangerous condition
1. A property defect creating a substantial risk of injury when the property is used in a reasonably foreseeable manner. 0 A dangerous condition may result in waiver of sovereign immunity. 2. A property risk that children, because of their immaturity, cannot appreciate or avoid.
dangerous criminal
See CRIMINAL.
dangerous drug
See DRUG.
dangerous drug.
A drug that has potential for abuse or injury, usu. requiring a label warning that it cannot be dispensed without a prescription.
dangerous instrumentality
An instrument, substance, or condition so inherently dangerous that it may cause serious bodily injury or death without human use or interference. ( It may serve as the basis for strict liability. See ATTRACTIVE-NUISANCE DOCTRINE. Cf deadly weapon under WEAPON. dangerous-propensity test. See DANGEROUSTENDENCY TEST.
dangerous situation
Under the last-clearchance doctrine, the circumstance in which a plaintiff operating a motor vehicle has reached a position (as on the path of an oncoming train) that cannot be escaped by the exercise of ordinary care. - Also termed situation of danger. See LAST-CLEAR-CHANCE DOCTRINE.
dangerous weapon
An object or device that, because of the way it is used, is capable of causing serious bodily injury.
dangerous-proximity test
Criminal law. A common-law test for the crime of attempt, focusing on whether the defendant is dangerously close to completing the offense. 0 Factors include the gravity of the potential crime, the apprehension of the victim, and the uncertainty of the crime's occurrence. See ATTEMPT (2).
dangerous-tendency test
A propensity of a person or animal to inflict injury. ( The test is used, esp. in dog-bite cases, to determine whether an owner will be held liable for injuries caused by the owner's animal. - Also termed dangerous-propensity test.
deterrent danger
An obvious danger that an occupier of land creates to discourage trespassers, such as a barbed-wire fence or spikes on the top of a wall.
endangered species
A species in danger of becoming extinct; esp., under federal law, a species that is in danger of extinction throughout all or a significant part of its range. ( Federal law excludes from the definition a species of the class Insecta if the Environmental Protection Agency determines that it constitutes a pest whose protection would present a significant risk to the human population. 50 CFR § 81.1(c).
extraordinary danger
See HAZARD (1).
imminent danger
See DANGER.
imminently dangerous.
(Of a person, behavior, or thing) reasonably certain to place life and limb in peril. ( This term is relevant in several legal contexts. For example, if a mental condition renders a person imminently dangerous to self or others, he or she may be committed to a mental hospital. And the imminently dangerous behavior of pointing a gun at someone's head could subject the actor to criminal and tort liability. Further, the manufacturer of an imminently dangerous product may be held to a strict-liability standard in tort.
inherently dangerous
Requiring special precautions at all times to avoid injury; dangerous per se. See DANGEROUS INSTRUMENTALITY.
man-endangering state of mind
See PERSONENDANGERING STATE OF MIND.
person-endangering state of mind
An intent to kill, inflict great bodily injury, act in wanton disregard of an unreasonable risk, or perpetrate a dangerous felony. - Also termed manendangering state of mind.
reckless endangerment.
The criminal offense of putting another person at substantial risk of death or serious injury. ( This is a statutory, not a common-law, offense.
retributive danger
A concealed danger that an occupier of land creates to injure trespassers. ( A retributive danger is lawful only to the extent that it could be justified if the occupier had inflicted the injury personally or directly to the trespasser. Thus, a spring gun or a landmine is an unlawful means of defending land against a trespasser.
retributive danger.
See DANGER
situation of danger
See DANGEROUS SITUATION.
unavoidable danger
1. Inescapable danger. 2. A danger that is unpreventable, esp. by a person operating a vessel.
voluntary exposure to unnecessary danger.
An intentional act that, from the standpoint of a reasonable person, gives rise to an undue risk of harm. ( The phrase implies a conscious, deliberate exposure of which one is consciously willing to take the risk.
zone-of-danger rule
Torts. The doctrine allowing the recovery of damages for negligent infliction of emotional distress if the plaintiff was both located in the dangerous area created by t I ) e defendant's negligence and frightened by the risk of harm. zone of empi The physical pierce of etnpioynient an employee, if injured there, can pensation. Cf. SCOPE OF EMPLOYMEN