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Qu'est-ce (qui) est attractive nuisance doctrine - définition

Attractive nuisance; Attractive-nuisance doctrine

attractive nuisance doctrine

n. a legal doctrine which makes a person negligent for leaving a piece of equipment or other condition on property which would be both attractive and dangerous to curious children. These have included tractors, unguarded swimming pools, open pits, and abandoned refrigerators. Liability could be placed on the people owning or controlling the premises even when the child was a trespasser who sneaked on the property. Basically the doctrine was intended to make people careful about what dangerous conditions they left untended. Some jurisdictions (including California) have abolished the attractive nuisance doctrine and replaced it with specific conditions (e.g. open pit and refrigerators) and would make property owners liable only by applying rules of foreseeable danger which make negligence harder to prove.

Attractive nuisance doctrine

The attractive nuisance doctrine applies to the law of torts in some jurisdictions. It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children.

https://en.wikipedia.org/wiki/Attractive_nuisance_doctrine

Discovery doctrine

CONCEPT OF PUBLIC INTERNATIONAL LAW

Doctrine of discovery; Doctrine of Discovery; Discovery Doctrine

The discovery doctrine, or doctrine of discovery, is a concept of public international law that was promulgated by Christian European monarchies in order to legitimize the colonization and evangelization of lands outside Europe. Between the mid-fifteenth century and the mid-twentieth century, this idea allowed European entities to seize lands inhabited by Indigenous peoples under the guise of "discovering new land", meaning land not inhabited by Christians.

https://en.wikipedia.org/wiki/Discovery_doctrine

Wikipédia

Attractive nuisance doctrine

The attractive nuisance doctrine applies to the law of torts in some jurisdictions. It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children. The doctrine is designed to protect children who are unable to appreciate the risk posed by the object, by imposing a liability on the landowner. The doctrine has been applied to hold landowners liable for injuries caused by abandoned cars, piles of lumber or sand, trampolines, and swimming pools. However, it can be applied to virtually anything on the property.

There is no set cutoff point that defines youth. The courts will evaluate each "child" on a case-by-case basis to see if the "child" qualifies as a youth. If it is determined that the child was able to understand and appreciate the hazard, the doctrine of attractive nuisance will not likely apply.

Under the old common law, the plaintiff (either the child, or a parent suing on the child's behalf) had to show that it was the hazardous condition itself which lured the child onto the landowner's property. However, most jurisdictions have statutorily altered this condition, and now require only that the injury was foreseeable by the landowner.

https://en.wikipedia.org/wiki/Attractive nuisance doctrine