Latin for Lawyers

L ATIN FOR L AWYERS

NE EXEAT REPUBLICA Another name for the ne exeat writ, meaning do not (let him) leave the coun try. NEGATIVE COVENANT A promise to refrain from the commission of an act or from using a particular device. A covenant which restricts the normal activities of the party who agrees to observe it. A provision in an employment agreement preventing the employee from competing with the employer in a designated area and/or for a designated period of time after his employment is terminated. The provision must be reasonable or the courts will not enforce it. NEGATIVE EASEMENT An agreement under which the owner of a parcel of real estate covenants not to do or perform an act involving the land which he would be free to do in the absence of the agreement, e.g., not to build a wall or fence along the property boundaries. NEGLECT [L. neglegere / to neglect, omit, disregard] Failure, omission or refusal to perform an act which one is under a duty to perform. Also, the failure to perform an act in a manner which is customary and reasonable under the circumstances. Failure to pay reasonable attention to. To overlook, to leave undone or to do carelessly. NEGLIGENCE [L. neglegere / to neglect] Failure to exercise the standards of a reasonable person in the performance of one’s actions or in the conduct of one’s affairs. Conduct which falls below the standards for reasonableness applied by the courts in the performance of one’s duties and obligations. Negligence may result from the failure to act prudently in a given circumstance, as well as from the performance of an imprudent act. The standard in determining whether a person has been negli gent is to measure his conduct against the conduct which would have been applied by a reasonably prudent person under the same facts or circum stances. NEGLIGENCE PER SE Negligence in and of itself; instrinsic negligence. Negligence which will be adjudged as such by any reasonable person. Conduct which is clearly unrea sonable or inprudent. Acts or omissions which violate a statute or ordinance defining reasonable care in a specific circumstance. See PER SE

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