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Australian Tort Law
In Australia, Torts are common law actions for civil wrongs. Unless barred by statute, individuals are entitled to sue other people, or the state; for the purpose of obtaining a legal remedy for the wrong committed. Whilst a large number of torts exist, generally the torts of Negligence and Trespass are the most commonly litigated forms of tort law. History The law of torts in Australia derives from the legal system of the UK. Prior to Australian appeals to the Privy Council being abolished, the judicial system in the UK was the de jure authority over Australian common law, including torts. In modern times, the jurisprudence of torts in Australia is fully independent; with the High Court of Australia having the final say on common law actions in Australia. Tort decisions in non-Australian jurisdictions are not binding on Australian courts. Nevertheless, due to the ongoing structural similarities between Australian tort law and torts in other jurisdictions, (including the UK, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Torts In Australian Jurisprudence
A ''list'' is any set of items in a row. List or lists may also refer to: People * List (surname) Organizations * List College, an undergraduate division of the Jewish Theological Seminary of America * SC Germania List, German rugby union club Other uses * Angle of list, the leaning to either port or starboard of a ship * List (information), an ordered collection of pieces of information ** List (abstract data type), a method to organize data in computer science * List on Sylt, previously called List, the northernmost village in Germany, on the island of Sylt * ''List'', an alternative term for ''roll'' in flight dynamics * To ''list'' a building, etc., in the UK it means to designate it a listed building that may not be altered without permission * Lists (jousting), the barriers used to designate the tournament area where medieval knights jousted * ''The Book of Lists'', an American series of books with unusual lists See also * The List (other) * Listing (di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Weekly Law Reports
The Incorporated Council of Law Reporting for England and Wales (ICLR) is a registered charity based in London, England, that publishes law reports of English law. The company is widely recognised as a reputable producer of reports (and the only 'official' source), which are used by students, academics, journalists, lawyers and judges across the country. History The ICLR was founded in 1865 by W. T. S. Daniel QC, and its first meeting took place on 25 February at Westminster Hall, then the home of the Court of King's Bench, the Court of Common Pleas and the Court of Chancery. The council was incorporated under the Companies Act 1862 in 1870. Largely working "as a private enterprise without state aid or interference," the council "was not intended to be profit-making except in so far as it was necessary to make it self-supporting." Working on this principle, the Council applied in 1966 for registration to become an official charity under section 4 of thCharities Act 1960 Upon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Capital Territory Civil And Administrative Tribunal
Australian(s) may refer to: Australia * Australia, a country * Australians, citizens of the Commonwealth of Australia ** European Australians ** Anglo-Celtic Australians, Australians descended principally from British colonists ** Aboriginal Australians, indigenous peoples of Australia as identified and defined within Australian law * Australia (continent) ** Indigenous Australians * Australian English, the dialect of the English language spoken in Australia * Australian Aboriginal languages * ''The Australian'', a newspaper * Australiana, things of Australian origins Other uses * Australian (horse), a racehorse * Australian, British Columbia, an unincorporated community in Canada See also * The Australian (other) * Australia (other) * * * Austrian (other) Austrian may refer to: * Austrians, someone from Austria or of Austrian descent ** Someone who is considered an Austrian citizen, see Austrian nationality law * Austrian German dialect * Somet ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
NSW Court Of Appeal
The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil matters and has appellate jurisdiction in the Australian state of New South Wales. Jurisdiction The Court of Appeal operates pursuant to the . The Court hears appeals from a variety of courts and tribunals in New South Wales, in particular the Supreme Court, the Industrial Court, the Land and Environment Court, the District Court, the Dust Diseases Tribunal, the Workers Compensation Commission, and the Government and Related Employees Appeal Tribunal. The Court of Appeal must grant leave to appeal a judgment of an inferior court, before it hears the appeal proper. If a petitioner is not satisfied with the decision made by the Court of Appeal, application may be made to the High Court of Australia for special leave to appeal the decision before the High Court. Because special leave is only granted by the High Court under certain conditions, the Court of Appeal i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Battery (tort)
At common law, battery is a tort falling under the umbrella term 'Trespass to the person'. Entailing unlawful contact which is directed and intentional, or reckless (or, in Australia, negligently) and voluntarily bringing about a harmful or offensive contact with a person or to something closely associated with them, such as a bag or purse, without legal consent. Unlike assault, in which the fear of imminent contact may support a civil claim, battery involves an actual contact. The contact can be by one person (the tortfeasor) of another (the victim), with or without a weapon, or the contact may be by an object brought about by the tortfeasor. For example, the intentionally bringing a car into contact with another person, or the intentional striking of a person with a thrown rock, is a battery. Unlike criminal law, which recognizes degrees of various crimes involving physical contact, there is but a single tort of battery. Lightly flicking a person's ear is battery, as is se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assault (tort)
In common law, assault is the tort of acting intentionally, that is with either general or specific intent, causing the reasonable apprehension of an immediate harmful or offensive contact. Assault requires intent, it is considered an intentional tort, as opposed to a tort of negligence. Actual ability to carry out the apprehended contact is not necessary. 'The conduct forbidden by this tort is an act that threatens violence.' In criminal law an assault is defined as an attempt to commit battery, requiring the specific intent to cause physical injury. Comparison to battery As distinguished from battery, assault does not need to involve the 'unwanted physical contact; but is the anticipation of such contact'. It only needs intent to make or threaten contact and the resulting apprehension. At one point, the common law understanding of assault required more than words alone, it also required an overt act. This understanding has changed, while words alone cannot be construed as assa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Passing Off
Passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from misrepresentation. The law of passing off prevents one trader from misrepresenting goods or services as being the goods and services of another, and also prevents a trader from holding out his or her goods or services as having some association or connection with another when this is not true. Passing off and trade mark law A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of a get-up (the whole external appearance or look-and-feel of a product, including any marks or other indicia used) which is considered to be similar to that of another party's product, including any registered or unregistered trademarks. Passing off is of particular significance where an action for trade mark infringement based on a registered trade mark is unlikely to be successful (due to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Invasion Of Privacy (Australian Tort Law)
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), originally written to guarantee individual rights of everyone everywhere; while ''right to privacy'' does not appear in the document, many interpret this through Article 12, which states: "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks." Since the global surveillance disclosures of 2013, initiated by ex-NSA employee Edward Snowden, the right to privacy has been a subject of international debate. Government agencies, such as the NSA, FBI, CIA, R&AW and GCH ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conspiracy (civil)
A civil conspiracy is a form of conspiracy involving an agreement between two or more parties to deprive a third party of legal rights or deceive a third party to obtain an illegal objective.Encarta: Conspiracy . 2009-10-31. A form of , a conspiracy may also refer to a group of people who make an agreement to form a partnership in which each member becomes the agent or partner of every other member and engage in planning or agreeing to commit some act. It is not necessary that the conspirators be involved in all stages of planning or be aware of all details. Any voluntary agreement and some |
Loss Of Consortium
Loss of consortium is a term used in the law of torts that refers to the deprivation of the benefits of a family relationship due to injuries caused by a tortfeasor. In this context, the word ''consortium'' means "(the right of) association and fellowship between two married people". Damages may be claimed under three theories: incurred medical costs or those yet to be incurred by the plaintiff, the loss of an injured spouse's services, and loss of society (within certain parameters). The common law rule of consortium has been amended or abolished by statute in many jurisdictions. The availability of loss of consortium differs drastically among common law jurisdictions and does not exist at all in several of them. Damages for loss of consortium are considered separately from, and are not to be confused with compensatory damages. Terminology and theory The action was originally expressed in the Latin phrase "per quod servitium et consortium amisit" ("in consequence of which he los ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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