Legal Terms

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Realty.

Real property, as opposed to personalty; land and anything affixed to it such as buildings.

Rehearing.

A second hearing by a court. Its purpose is to call the court's attention to an error or omission which may have occurred in the court's first consideration of the claim.

Remand.

Usually used in appellate courts whereby the appellate court refers the case back to the original court for further action.

Representation.

A statement made on an application for insurance that the applicant represents as correct to the best of his knowledge and belief. See also Warranty.

Res Ipsa Loquitur.

Literally translated, this expression means "facts speak for themselves." Under this doctrine, an individual is presumed to be negligent if the circumstances of injury are under his complete and exclusive control, and it can be shown that the injury or damage could only have occurred if the individual were negligent.

Rescission.

(1) Repudiation of a contract. A party whose consent to a contract was induced by fraud, misrepresentation or duress may repudiate it. A contract may also be repudiated for failure to perform a duty. (2) The termination of an insurance contract by the insurer when material misrepresentation has occurred. (G,LE)

Respondeat Superior.

Originally the law said that, under certain circumstances, a master was liable for the wrongful acts of his servant. In today's usage this expression refers to the fact that, under certain circumstances, a principal is responsible for the wrongful acts of its agents or an employer for those of its employees. Under this doctrine, if an employee negligently injures a customer while in the course of his employment, the employer could be held liable.

Retaliatory Law.

A state law that says that agents from another state applying for a license to operate in the state in question will be accorded the same treatment as agents residing in the retaliatory state are given in the foreign state.