right to recovery

Who are we to deny people the right to recovery?

If the defendant admits the plaintiff's right to recovery of land, notice is sent to the plaintiff (N 229).

"Each plaintiff has an individual right to recovery that is potentially compromised when more money for one means less for the others," Mr. Morgan said.

Jurisdictions that recognize the common law right to recovery for wrongful death have used the right to fill in gaps in statutes or to apply common law principles to decisions.

It was submitted by Mr. Glick that statutory provisions creating a discretionary régime for the repayment of taxes or charges presuppose that the common law principles give no right to recovery.

Mr. Gardiner relied on this case as demonstrating that it was considered self-evident that the right to recovery arose directly from the unlawful exaction irrespective of whether any element of compulsion existed.

In their inception, these authorities were based on the fact that the payer and payee were not on an equal footing and it was this inequality which gave rise to the right to recovery.

Assumption of risk is a defense in the law of torts, which bars or reduces a plaintiff's right to recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which he was participating at the time of his injury.