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Topic: Risk of loss


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In the News (Mon 13 Feb 12)

  
  Legal Definition of Risk, Risk Of Loss
These risks may be occasioned by storms, shipwreck, jetsom, prize, pillage, fire, war, reprisals, detention by foreign governments, contribution to losses experienced for the common benefit, or for expenses which would not have taken place if it had not been for such events.
The loss by accidents which might happen on land in the course of the voyage, even when the unloading may have been authorized by the policy, or is required by local regulations, as where they are necessary for sanitary measures, is not borne by the insurer.
Therefore, in some states, the "risk of loss" in case of destruction of the property is passed to the buyer, even though they have not paid for the property.
www.lectlaw.com /def2/q056.htm   (712 words)

  
 U.C.C. - ARTICLE 2A -§2A-219.
U.C.C. Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee.
In the case of a finance lease, risk of loss passes to the lessee.
(c) In any case not within subsection (a) or (b), the risk of loss passes to the lessee on the lessee's receipt of the goods if the lessor, or, in the case of a finance lease, the supplier, is a merchant; otherwise the risk passes to the lessee on tender of delivery.
www.law.cornell.edu /ucc/2A/2A-219.html   (260 words)

  
 International Trade Leads, Global Import Export - Fita.org, trade market resources and research
However, anyone who engages in risk management for either the seller or buyer should be familiar with the risk of loss rules, in order to determine the amount and type of insurance coverage that is needed.
In such a case, the risk of loss passes to the buyer on either the buyer's receipt of a negotiable document of title covering the goods, or some other act or writing of the bailee acknowledging the buyer's right to possession.
In such cases, the risk of loss passes to the buyer upon of the goods, if the seller is a merchant; otherwise, the risk passes to the buyer on the tender of delivery.
www.fita.org /ioma/terms.html   (2294 words)

  
 Blank Rome LLP Sept. 11 Impacted Risk of Loss Doctrine
This article explores the risk of loss doctrine, as embodied in a typical contractual provision and legislation, and argues that it is necessary to expand the scope of the doctrine in order to effectively protect purchasers against the "new" risks of our post-Sept. 11 world.
The New York Risk Act places the risk of loss squarely on the vendor (seller), except in instances where the purchaser acquires possession prior to the closing or is otherwise at fault or the contract provides that the risk falls on the purchaser.
Although under the express language of the risk of loss provisions (contractual and statutory), these purchasers cannot terminate their contracts, this result is inconsistent with one of the principal legal theories which spawned these provisions, i.e., preserving the benefit of the purchaser's bargain.
www.blankrome.com /index.cfm?contentID=37&itemID=342   (2898 words)

  
 The Risk of Loss in Electronic Transactions
Risk of loss law determines whether the buyer or seller is financially responsible for the loss.
From the Middle Ages until the middle of the twentieth century, the risk of loss was born by the party who held title to the goods.
Risk of loss under this section depends on the seller’s status as a merchant.
www.vjolt.net /vol6/issue3/v6i3-a15-Gardenswartz.html   (5895 words)

  
 II. The Role of Risk Management and Controls
Liquidity risk is the risk that a party to a securities instrument may not be able to sell or transfer that instrument quickly and at a reasonable price, and as a result, incur a loss.
Operational risk is controlled through proper management procedures including adequate books and records and basic internal accounting controls, a strong internal audit function which is independent of the trading and revenue side of the business, clear limits on personnel, and risk management and control policies.
Systemic risk refers to (1) the scenario that a disruption at a firm, in a market segment, or to a settlement system could cause a "domino effect" throughout the financial markets toppling one financial institution after another or (2) a "crisis of confidence" among investors, creating illiquid conditions in the marketplace.
riskinstitute.ch /144030.htm   (1796 words)

  
 High Risk Fat Loss
There are risks, especially to the beginner, the deconditioned or the person unaware of his or her health status.
Risks increase relative to the duration of each session and the number of weeks the high volume is maintained.
Fat loss is also believed to be increased by avoiding food at a time when activity levels will be low (and the body will not be burning many calories), when glycogen may be topped off from a full day of eating, and when insulin sensitivity is lower.
www.buildingbodies.ca /Cardio/high-risk-fat-loss.shtml   (2751 words)

  
 Quantifying the uncertainty in seismic risk and loss estimation.
Quantifying the uncertainty in seismic risk and loss estimation.
This study is unique in that it uses a regional loss estimation model, HAZUS, with pre-processing and post-processing software modules to estimate direct economic losses to homeowners and the insurance industry in the Oakland, California region.
First, the earthquake loss estimation process is very uncertain, producing estimates of direct economic loss that are most sensitive to the ground motion attenuation in the Oakland, California region.
repository.upenn.edu /dissertations/AAI9976429   (317 words)

  
 Operational Risk
Loss events run the gamut—settlement errors, systems failures, petty fraud, customer lawsuits, etc. Losses may be direct (as in the case of theft) or indirect (as in the case of damage to the institution's reputation).
Tracking all three dimensions of loss events facilitates the construction of event matrices, identifying the frequency with which certain causes are associated with specific events and consequences.
Loss due to acts of a type intended to defraud, misappropriate property or circumvent regulations, the law or company policy, excluding diversity / discrimination events, which involves at least one internal party.
www.riskglossary.com /link/operational_risk.htm   (1468 words)

  
 Internal Revenue Bulletin - September 27, 2004 - REG-128767-04
These proposed regulations clarify the existing regulations concerning when a partner may be treated as bearing the economic risk of loss for a partnership liability based upon a payment obligation of a business entity that is disregarded as separate from its owner under sections 856(i), 1361(b)(3), or §§301.7701-1 through 301.7701-3 of this chapter (disregarded entity).
The determination of the extent to which a partner bears the economic risk of loss for a partnership liability is made under the rules in paragraphs (b) through (k) of this section.
Therefore, under paragraph (k) of this section, A is treated as bearing the economic risk of loss for LP’s $100,000 and $300,000 debts only to the extent of the net values of LLC and LLC2, as allocated among those debts in a reasonable manner pursuant to paragraph (k)(4) of this section.
www.irs.ustreas.gov /irb/2004-39_IRB/ar15.html   (3003 words)

  
 Loss Prevention Form
The philosophy of loss prevention (LP) funding is to fund projects specific to the purpose of reducing the frequency and/or severity of loss at the University of Alaska.
Loss prevention is the act of taking proactive measures to prevent or abate an identified risk exposure.
Loss severity is reduced by identifying the factors that magnify or prolong a loss, in other words, by focusing on the effects of the loss.
www.uaf.edu /safety/loss_prevention_form.htm   (138 words)

  
 SurfWax: News, Reviews and Articles On Risk Of Loss
The risk of loss to the note purchasers under the new Asset Backed Facility resulting from default or dilution on the trade receivables and equipment loans is protected by credit enhancement, provided by us in the form of cash reserves, letters of credit and overcollateralization...
But for post-menopausal women with breast cancer, the risk of fractures and the costs are negligible in comparison to the risk of loss of a breast and the life endangering the spread of the disease.
The risk of loss in trading commodity futures may be substantial and, therefore, may not be suitable for the recipients of this information.
www.lawkt.com /files/Risk_Of_Loss.html   (4806 words)

  
 Risk Management Division:Loss Control
Loss Control is an organized and usually continuous effort to help decrease the possibility of unforeseen losses and the impact of those that do occur.
Loss control can be applied to all kinds of losses such as those caused by fires, electrical surges, burglary, car crashes, hurricanes, or just about anything that causes unexpected harm, injuries or damage.
Risk Management wants to work with you and your organization to actively prevent losses or at least minimize their impact.
www.maine.gov /bgs/riskmanage/losscontrol   (370 words)

  
 Risk Disclosure
In light of the risks, you should undertake such transactions only if you understand the nature of the contracts (and contractual relationships) into which you are entering and the extent of your exposure to risk.
The profit or loss in transactions in foreign currency-denominated contracts (whether they are traded in your own or another jurisdiction) will be affected by fluctuations in currency rates where there is a need to convert from the currency denomination of the contract to another currency.
If a client’s dealing center fails to do so, the client may be subject to a risk of loss of his funds on deposit with the dealing center in the event of its bankruptcy.
www.catranis.com /risk.htm   (2279 words)

  
 Risk Jigsaw
The holistic approach to assessing, measuring and managing the different types of risk to which an organisation is exposed.
The risk of loss due to physical catastrophe, technical failure and human error in the operations of a firm including fraud, failure of management, and process errors.
The risk that change in the variables of a business plan will destroy that plan's viability, including quantifiable risks such as business cycle or demand estimation risk, and unquantifiable risks such as step changes in competitor behaviour or technology.
www.erisk.com /Learning/RiskJigsaw.asp   (189 words)

  
 Minimizing Your Risk of Loss in Your Investments - InvestorGuide University
Perhaps a good functional definition is that investment risk is the possibility of losing some or all of your original investment, and secondarily as the possibility that you will not actually achieve the returns that you expect.
Note that the question implies that a person is aware of the risk and can assess it accurately, and as we have already noted, that is probably one of the biggest issues for many people in terms of the risks associated with their investments.
Pay attention to risk going forward and either take the time and effort yourself to intelligently manage risk or else seek out an advisor who has the expertise and time to help you assess and avoid investment risks upfront.
www.investorguide.com /igu-article-621-asset-allocation-minimizing-your-risk-of-loss-in-your-investments.html   (1445 words)

  
 Risk
The stock is not the risk, nor is the loss the risk.
Risk management is to direct and control the possibility of loss.
Note that since risk per share may not be proportional to price per share (compare stocks B and C), the two methods may not indicate the same number of shares.
www.seykota.com /tribe/risk   (4007 words)

  
 Medical Breakthroughs - Learn More About Migraines
Another study reported at the conference by Italian researchers found that the increased risk for stroke from migraine among young people is independent of other stroke risks such as drinking, smoking or using oral contraceptives.
In terms of the overall risk for stroke, migraine with vision loss is a moderate risk factor, Giles said.
Sacco also advises that to reduce the risk of stroke, the other common risk factors need to be managed.
www.migraineissues.com /ms/news/523779/main.html   (776 words)

  
 Risk Analysis
An accurate risk measure estimates a transaction's potential loss arising from specific risk factors and the probability of that loss occurring.
The risk management process begins with the development of a comprehensive understanding of the exposures that create risk and the resources available to record and report such information.
It is important to apply a comprehensive approach to managing risk and to disclose the effects of these risks on the company's financial statements.
www.trinity.edu /rjensen/acct5341/1998sp/shah/Risk.htm   (1604 words)

  
 Chesterfield County, Virginia | Risk Management
We ascertain the county government's attitude toward risk and reduce the long-run cost of risk while maximizing the probability of long-run benefits.
Diversify: Spread the risk among numerous assets or processes to reduce the overall risk of loss or impairment.
Loss Prevention means affirmative acts to reduce the probability of an accident or loss.
www.co.chesterfield.va.us /ManagementServices/RiskManagement/riskhome.asp   (511 words)

  
 Risk of Loss of Medicaid Funds...   (Site not responding. Last check: 2007-09-17)
Risk of Loss of Medicaid Funds Not Coercive Under Tenth Amendment
West Virginia argued that the mere threat of loss of all Medicaid funds was coercive, since it could not risk loss of all Medicaid funds by not engaging in estate recovery.
The court left open the question as to whether the Tenth Amendment would permit a total loss of Medicaid funding for non-compliance with the estate recovery requirement, but the opinion suggests that such a penalty would be coercive.
www.nsclc.org /federalrights/1othAmendCoercion.htm   (451 words)

  
 Central Services - Risk Management - Property Loss
Your report should include: date, time, place, who or what was involved, witnesses (if any), how the accident happened, names, addresses, and estimated ages of persons involved; descriptions of injury, loss or damage; and action that was or will be taken to prevent a recurrence.
Risk Management will work closely with Facilities Management and Public Safety to adjust the claim.
Risk Management’s policy is to make to repair or replace the damaged/lost/stolen equipment with like quality.
www.ohsu.edu /ohsuedu/central/risk/property_loss.cfm   (430 words)

  
 Shipping Terms - Risk of Loss   (Site not responding. Last check: 2007-09-17)
When goods are to be carried by a third party, determining who bears the risk of loss (buyer or seller) depends on whether the parties have entered into a "shipment contract" or "destination contract".
In a "shipment contract", the risk of loss moves from the seller to the buyer at the time the seller properly delivers the goods to the carrier.
In a "destination contract", the risk does not pass to the buyer until the goods are presented at the destination so that buyer can take delivery from the carrier.
www.smartagreements.com /bltopics/Bltopic8.html   (565 words)

  
 Rapid Bone Loss   (Site not responding. Last check: 2007-09-17)
As stated, the researchers are not sure why the cyclists are losing so much bone mass, but speculate that it may have something to do with the non weight bearing nature of cycling and the extended period of high intensity, high volume stress of the Tour.
It may be possible that bone loss in the lower spine, due to heavy exercise, may be the cause of this pain.
If you are one of those athletes predisposed to this, you may want to try boosting your nutrition with bone nutrients, build bone mass with resistance exercise during the off season, and structure your training in a well design progressive build-up that will allow the body to adapt to the stresses of exercise.
www.afpafitness.com /articles/Boneloss.htm   (972 words)

  
 WiserAdvisor.com University: Minimizing Your Risk of Loss in Your Investments
Perhaps a good functional definition is that investment risk is the possibility of losing some or all of your original investment, and secondarily as the possibility that you will not actually achieve the returns that you expect.
Note that the question implies that a person is aware of the risk and can assess it accurately, and as we have already noted, that is probably one of the biggest issues for many people in terms of the risks associated with their investments.
Pay attention to risk going forward and either take the time and effort yourself to intelligently manage risk or else seek out an advisor who has the expertise and time to help you assess and avoid investment risks upfront.
www.wiseradvisor.com /university-article~artId~254~title~minimizing-your-risk-of-loss-in-your-investments.asp   (1587 words)

  
 Risk Management
This is the risk of loss due to a default of the Counterparty in honouring its commitment in a transaction (Credit Risk).
Operational risk is the risk that the organization may be exposed to financial loss either through human error, mis-judgement, negligence and malfeasance, or through uncertainty, misunderstanding and confusion as to responsibility and authority.
Regulatory risk is the risk of doing a transaction which is not as per the prevailing rules and laws of the country.
www.derivativesindia.com /scripts/risk/right.asp   (450 words)

  
 Statutes & Constitution :View Statutes :-> : Online Sunshine
(1) Except in the case of a finance lease, the risk of loss is retained by the lessor and does not pass to the lessee, unless the loss resulted from the lessee's negligence.
In the case of a finance lease, the risk of loss passes to the lessee.
(c) In any case not within paragraph (a) or paragraph (b), the risk of loss passes to the lessee on the lessee's receipt of the goods if the lessor, or, in the case of a finance lease, the supplier, is a merchant; otherwise, the risk passes to the lessee on tender of delivery.
www.leg.state.fl.us /Statutes/index.cfm/Repealed/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0680/SEC219.HTM&Title=->   (295 words)

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