HopefullyInLawSchool
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Simple English definitions for legal terms
distraction doctrine
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A quick definition of distraction doctrine:
Distraction Doctrine: A rule that says if someone is distracted by a good reason and doesn't notice a danger, they can't be blamed for any harm that comes to them. For example, if someone is looking at their phone while walking and trips on a broken sidewalk, they might not be at fault if they were distracted by an emergency text message. This rule is used in cases where someone is suing for negligence.
Distractio Pignoris: A Latin term used in Roman law that means the sale of something that was pledged or used as collateral to pay off a debt. For example, if someone borrowed money and put up their car as collateral, the lender could sell the car to get their money back if the borrower didn't pay back the loan.
A more thorough explanation:
The distraction doctrine is a legal rule that states a plaintiff cannot be held responsible for contributory negligence if their attention was diverted from a known danger due to a sufficient cause.
For example, if a pedestrian is walking down the street and is distracted by a loud noise, causing them to step into the road and get hit by a car, they may not be found guilty of contributory negligence because their attention was diverted by a sufficient cause (the loud noise).
This rule is important because it recognizes that sometimes distractions can be unavoidable and can lead to accidents that are not the fault of the distracted person.
Another example could be a driver who is distracted by a child in the backseat and rear-ends another car. If the distraction was deemed sufficient, the driver may not be found guilty of contributory negligence.