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Aldred's Case
''Aldred's Case'' (1610) 9 Co Rep 57b; (1610) 77 ER 816, 558–1774All ER Rep 622, is an English land law and tort law case on nuisance. The case can be seen as the birth of the ordinary man having a cause of action in certain types of environmental law against his immediate neighbour. The case confirmed a legal right to abate relatively extreme noise and smell, provided it cannot be justified as being protected by way of an easement have arisen such as from the passing of time (an easement by prescription) or custom on the piece of land in question. The judge recited the separate law, in an ''obiter dictum'' in an old Latin maxim in the English common law, that there is no right to a view. William Aldred claimed that Thomas Benton had erected and used a pigsty too close to his house, so that the stench made his own house unbearable to live in, including the "stopping of wholesome air". Judgment The Court ruled that the smell of the sty was enough to deprive Aldred of his proper ...
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English Land Law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, and with a gradually diminishing aristocratic presence, now sees a large number of owners playing in an active market for real estate. The modern law's sources derive from the old courts of common law and equity, along with legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates privileges over ...
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1610 In English Law
Year 161 ( CLXI) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Caesar and Aurelius (or, less frequently, year 914 ''Ab urbe condita''). The denomination 161 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * March 7 – Emperor Antoninus Pius dies, and is succeeded by Marcus Aurelius, who shares imperial power with Lucius Verus, although Marcus retains the title Pontifex Maximus. * Marcus Aurelius, a Spaniard like Trajan and Hadrian, is a stoical disciple of Epictetus, and an energetic man of action. He pursues the policy of his predecessor and maintains good relations with the Senate. As a legislator, he endeavors to create new principles of morality and humanity, particularly favoring women and slaves. * Aurelius reduces ...
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Environmental Law In The United Kingdom
United Kingdom environmental law concerns the protection of the environment in the United Kingdom. Environmental law is increasingly a European and an international issue, due to the cross border issues of air and water pollution, and man-made climate change. History In the common law, the primary protection was found in the tort of nuisance, but this only allowed for private actions for damages or injunctions if there was harm to land; thus issues such as smells emanating from pig sties, strict liability against dumping rubbish, or damage from exploding dams are included. Private enforcement, however, was limited and found to be woefully inadequate to deal with major environmental threats, particularly threats to common resources. *1306, Edward I briefly banned coal fires in London. *John Evelyn, ''Fumifugium'' (1661) argued for burning fragrant wood instead of mineral coal, which he believed would reduce coughing. *''Ballad of Gresham College'' (1661) describes how the smok ...
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Environmental Case Law
A biophysical environment is a biotic and abiotic surrounding of an organism or population, and consequently includes the factors that have an influence in their survival, development, and evolution. A biophysical environment can vary in scale from microscopic to global in extent. It can also be subdivided according to its attributes. Examples include the marine environment, the atmospheric environment and the terrestrial environment. The number of biophysical environments is countless, given that each living organism has its own environment. The term ''environment'' can refer to a singular global environment in relation to humanity, or a local biophysical environment, e.g. the UK's Environment Agency. Life-environment interaction All life that has survived must have adapted to the conditions of its environment. Temperature, light, humidity, soil nutrients, etc., all influence the species within an environment. However, life in turn modifies, in various forms, its conditions. ...
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English Tort Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ...
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English Nuisance Cases
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Englis ...
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English Land Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ...
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Edward Coke Cases
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Saxon England, but the rule of the Norman and Plantagenet dynasties had effectively ended its use amongst the upper classes. The popularity of the name was revived when Henry III named his firstborn son, the future Edward I, as part of his efforts to promote a cult around Edward the Confessor, for whom Henry had a deep admiration. Variant forms The name has been adopted in the Iberian peninsula since the 15th century, due to Edward, King of Portugal, whose mother was English. The Spanish/Portuguese forms of the name are Eduardo and Duarte. Other variant forms include French Édouard, Italian Edoardo and Odoardo, German, Dutch, Czech and Romanian Eduard and Scandinavian Edvard. Short forms include Ed, Eddy, Eddie, Ted, Teddy and Ned. Peop ...
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1610s In The Environment
Year 161 ( CLXI) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Caesar and Aurelius (or, less frequently, year 914 ''Ab urbe condita''). The denomination 161 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * March 7 – Emperor Antoninus Pius dies, and is succeeded by Marcus Aurelius, who shares imperial power with Lucius Verus, although Marcus retains the title Pontifex Maximus. * Marcus Aurelius, a Spaniard like Trajan and Hadrian, is a stoical disciple of Epictetus, and an energetic man of action. He pursues the policy of his predecessor and maintains good relations with the Senate. As a legislator, he endeavors to create new principles of morality and humanity, particularly favoring women and slaves. * Aurelius reduces ...
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1610 In England
Events from the 1610s in England. Incumbents * Monarch – James I * Parliament – Blessed (until 9 February 1611), Addled (starting 5 April, until 7 June 1614) Events * 1610 ** 9 February – Parliament assembles and debates the Great Contract proposed by Robert Cecil whereby in return for an annual grant of £200,000, the Crown should give up its feudal rights of Wardship and Purveyance, as well as New Impositions. ** 23 May – the House of Commons petitions King James I against imposed duties. ** 9 July – Arbella Stuart, a claimant to the throne, imprisoned for marrying William Seymour, 2nd Duke of Somerset, another claimant, on 22 June. ** 23 July – Parliament prorogued. ** 3 August – Henry Hudson leads an expedition to Hudson Bay. ** 20 September – Case of Proclamations rules that the monarch cannot make decisions by proclamation unsupported by legislation. ** 16 October – Parliament assembles. ** 6 December – Parliament prorogued and does not assemble aga ...
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English Tort Law
English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requires a payment of money to make up for damage that is caused. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations. In English law, torts like other civil cases are generally tried in front a judge without a jury. History Following Roman law, the English system has long been based on a closed system of nominate torts, such as trespass, battery and conversion. This is in contrast to continental legal systems, which have since adopted more open systems of tortious liability. There are various categories of tort, which lead back to the system of separate causes of action. The tort of negligence is however increasing in importance over other types of tort, prov ...
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Wheeler V JJ Saunders Ltd
''Wheeler v JJ Saunders Ltd'' Court of Appeal case on Nuisance in English law">nuisance which amended the precedent set by ''Gillingham Borough Council v Medway (Chatham) Dock Co Ltd''. Wheeler was a veterinary surgeon who owned Kingdown Farm House; the wider farm was owned by J.J. Saunders Ltd, who used it for raising pigs. After Saunders gained planning permission for a pair of pig houses, Wheeler brought an action in nuisance, alleging that the smell of the pigs interfered with his use and enjoyment of the land. When the case went to the Court of Appeal, Saunders argued that the granting of planning permission for the pig houses had changed the nature of the area, as in ''Gillingham'', making the nuisance permissible. The Court of Appeal rejected this argument, holding that a pair of pig houses was not a sufficient development to change the nature of an area; the centre of the ''Gillingham'' case had been a commercial dock, which was a sufficient development. Facts Wheeler was a ...
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