Category: D

Just, proper, andsufficient care, so far as the circumstances demand it; ths absence of negligence. Thisterm, as usually understood in cases where the gist of the action is the defendant’snegligence, implies not only that a party has not been negligent or careless, but that hehas been guilty of no violation of law in relation to the subject- matter or transactionwhich constitutes the cause of action. Evidence that a party is guilty of a violation oflaw supports the issue of a want of proper care ; nor can it be doubted that in theseand similar actions the averment in the declaration of the use of due care and thedenial of it in the answer, properly and distinctly put in issue the legality of the conductof the party as contributing to the accident or injury which forms the groundwork of theaction.. No specific averment of the particular unlawful act which caused or contributedto produce the result complained of should, in such cases, be deemed necessary. SeeItyan v. Bristol. 63 Conn. 26. 27 Atl. 309; Paden v. Van Blarcom. 100 Mo. App. 185. 74S. W. 124; Joyner v. Railwav Co., 20 S. C. 49. 1 S. E. 52: Nicholas v. Peck, 21 R. I. 404.43 Atl. 1038; Railroad Co. v. Yorty. 158 111. 321. 42 N. E. 64: Schmidt v. Sinnott. 103111. 105; Butterfield v. Western R. Corp., 10 Allen (Mass.) 532, 87 Am. Dec. 078; Jonesv. An- dover, 10 Allen (Mass.) 20.

This term applies to the recompense that a person is entitled to receive.

the term that applies to course of events.

In Scotch law. Corn paid to the owner of a mill, whether the payers grind or not.

A corporate system where two separate BOARDS OF DIRECTORS are used to monitor and guide a company. Under a typical dual structure the SUPERVISORY BOARD is responsible for strategy and oversight/supervision of management, while the MANAGEMENT BOARD (or EXECUTIVE BOARD) is responsible for daily management and tactical issues. The supervisory board is generally staffed with OUTSIDE DIRECTORS, while the management board is comprised of senior executives. See also SINGLE BOARD SYSTEM.

the status a person can have when he is claimed by 2 countries to be a citizen and can travel on 2 passports.

A BOND that pays interest COUPONS in one currency and PRINCIPAL redemption in a second currency. The exchange rates associated with the coupon and principal cash flows may be specified at the time of issuance, or they may be based on prevailing SPOT RATES at the time the coupons and principal are paid. A company may choose to issue a dual currency bond to HEDGE any FOREIGN EXCHANGE flows from its operations, or take a speculative view on currencies in order to obtain a lower COST OF CAPITAL.

A MUTUAL FUND or UNIT TRUST that issues two separate types of securities, including income shares, which are entitled only to the DIVIDEND flows from the underlying securities, and capital shares, which are entitled only to any resulting capital gains.

An INSURANCE mechanism that provides the INSURED with a payout only if two separate TRIGGER events occur. One trigger is often related to a traditional insurable OPERATING RISK (e.g., damage or destruction in plant and equipment leading to business interruption), while the second may relate to a FINANCIAL RISK (e.g., a decline in operating revenues to a particular amount, or a fall in the stock price to a certain level). Since both events must occur in order for a SETTLEMENT to be paid, the PREMIUM is generally lower than on a conventional insurance contract. See also MULTIPLE TRIGGER PRODUCTS, TRIPLE TRIGGER.

A form of government where two reign jointly.Duas uxores eodem tempore habere non licet. It is not lawful to have two wives atthe same time. Inst. 1, 10, G; 1 Bl. Comm. 436.