Sole negligence definition
Sole negligence means negligence of a party that is unmixed with the fault of any other person or entity.
Sole negligence in this context means that no conduct or circumstance has contributed to the claim or loss other than the negligence or other wrongful conduct of SCR. Rugged Terrain: CAMPER is aware that the rugged terrain which surrounds and on which the Stoney Creek Property is located and from which the Program is conducted has dangerous obstacles and hazards; that these hazards may be hidden by brush, vegetation, or debris; and that if CAMPER becomes injured or lost in severe weather conditions or difficult terrain there is a risk of delay in being rescued. Travel: CAMPER is aware of the risk of mechanical failure or operational error including driver error in the operation of cars, vans, buses that may be used at the Stoney Creek Property and/or as part of the Program and that there may be increased risks of travel in rugged areas, especially in severe weather conditions. Weather: CAMPER is aware that weather conditions may be extreme and can change rapidly without warning. The Stoney Creek Property is located in a remote region that is subject to unpredictable, and potentially dangerous and severe weather systems and conditions, including, but not limited to, rainstorms, thunderstorms, hailstorms, dust storms, flashfloods, and wildfires.
Sole negligence means negligence of a party that is unmixed with the fault of any other person or entity
More Definitions of Sole negligence
Sole negligence means the exclusive negligence of the party to be indemnified and shall not apply where any other party bears a proportion of the negligence”.
Sole negligence in this context means that no conduct or circumstance has contributed to the claim or loss other than the negligence or other wrongful conduct of SCR.”
Sole negligence means the exclusive negligence of the party to be indemnified and shall not apply where any other party bears a proportion of the negligence”. The defenders contended that it does not matter if the reference to any other party signified any other party to the contract or any other party at all. Their submission was that the critical factor was that it was necessary that the Contractor had contributed to the accident by negligence or breach of statutory duty. If the Contractor was only liable because of some statutory duty not involving negligence then a contribution to the accident by the Company which did involve the latter’s negligence would be sole negligence. However it is somewhat strange to use language in this way if another third party has been negligent and has also contributed to the occurrence. He is apparently not to be accorded what might seem to be his due status as “any other party”. It is only when the Contractor himself is partly responsible in law for the accident (and by way of negligence) that OPCAL will be indemnified and thus excused. In my view it would be difficult to construe “any other party” as meaning “any other party to the contract” since if that were intended it would have been more natural to say “the other party” or “ any other party to the contract “or even“ any other party for whom the other party has responsibility hereunder” As it is the words used are wholly unqualified and to read into them qualification is a rather strained exercise