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Qu'est-ce (qui) est risk of loss - définition
A TERM USED IN THE LAW OF CONTRACTS TO DETERMINE WHICH PARTY SHOULD BEAR THE BURDEN OF RISK FOR DAMAGE OCCURRING TO GOODS AFTER THE SALE HAS BEEN COMPLETED
risk of loss
n. the responsibility a carrier, borrower or user of property or goods assumes or an insurance company agrees to cover if there is damage or loss.
See also: risk
Risk of loss
Risk of loss is a term used in the law of contracts to determine which party should bear the burden of risk for damage occurring to goods after the sale has been completed, but before delivery has occurred. Such considerations generally come into play after the contract is formed but before buyer receives goods, something bad happens.
risk management
IDENTIFICATION, EVALUATION, AND PRIORITIZATION OF RISKS
Risk analysis (psychology); Risk Management; Risk Management Planning; Risk analysis; Hazard risk management; Risk Analysis; Risk assessment and management; Risk Analyst; Hazard prevention; DARM; Loss control representative; Risk manager; Diminution (risk management); Loss control consultant; Stabilization clause; Risk management device; Risk elimination; Risks classification; Tactical Risk Management; Tactical risk management; Unexpected events; Avoid, Control, Accept, or Transfer; Analysis of risk; Risk report; Risk analyst; Risk consulting; Customs risk management
Risk management is the skill or job of deciding what the risks are in a particular situation and taking action to prevent or reduce them.
N-UNCOUNT
Wikipédia
Risk of loss
Risk of loss is a term used in the law of contracts to determine which party should bear the burden of risk for damage occurring to goods after the sale has been completed, but before delivery has occurred. Such considerations generally come into play after the contract is formed but before buyer receives goods, something bad happens.
Under the Uniform Commercial Code (UCC), there are four risk of loss rules, in order of application:
- Agreement - the agreement of the parties controls
- Breach - the breaching party is liable for any uninsured loss even though breach is unrelated to the problem. Hence, if the breach is the time of delivery, and the goods show up broken, then the breaching rule applies risk of loss on the seller.
- Delivery by common carrier other than by seller.
- Risk of loss shifts from seller to buyer at the time that seller completes its delivery obligations
- If it is a destination contract (FOB (buyer's city)), then risk of loss is on the seller.
- If it is a delivery contract (standard, or FOB (seller's city)), then the risk of loss is on the buyer.
- In cases not covered by the foregoing rules, if the seller is a merchant, then the risk of loss shifts to the buyer upon buyer's "receipt" of the goods. If the buyer never takes possession, then the seller still has the risk of loss.
In bankruptcy law, the risk of loss rule under a contract can be abrogated by a secured interest.
Exemples du corpus de texte pour risk of loss
1. The report said relying so much on contractors creates "the risk of loss of government control over and accountability" for government programs.
2. Underwriters analyze insurance applications, calculate the risk of loss from policyholders, decide whether to issue the policy and establish appropriate premium rates.
3. Sophisticated systems are in place to manage mistakes in other fields: scientific research and production processes, for example, or to balance the risk of loss against the yield in financial portfolios.
4. "We simply cannot, as a nation, stand and put our troops at continuous risk of loss of life and limb without beginning to take some decisive action which will get everybody‘s attention," Warner told reporters following a visit to Iraq.
5. "We simply cannot as a nation stand and put our troops at continuous risk of loss of life and limb without beginning to take some decisive action which will get everybody‘s attention," he said.