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Animals Act 1971
The Animals Act 1971 is an Act of the Parliament of the United Kingdom (c 22) the purpose of which was to codify civil liability for damage done by animals in England and Wales. Section 1 broadly provides for the abolition of common law torts relating to cattle trespass and to the old common law ''scienter'' action with respect to animals which are ''ferae naturae'' or otherwise known to be vicious, as well as the abrogation of statutory provisions relating to civil liability in the Dogs Act 1906. The provisions largely codify the pre-existing common law rules. Case law The leading case on the Animals Act 1971 is the House of Lords decision in . In that case Lord Nicholls of Birkenhead commented, "Unfortunately the language of section 2(2) is ... opaque. In this instance the parliamentary draftsman's zeal for brevity has led to obscurity. Over the years section 2(2) has attracted much judicial obloquy." [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arthur Irvine
Sir Arthur James Irvine, QC PC (14 July 1909 – 15 December 1978) was a British barrister and politician. He was the Labour MP for Liverpool Edge Hill from the 1947 by-election until he died aged 69. Irvine was educated at Edinburgh Academy and Oriel College, Oxford, where he was president of the Oxford Union in the Hilary Term 1932. He became a barrister in 1935, when he was called by Middle Temple, and became secretary to the Lord Chief Justice 1935–40. He became Queen's Counsel in 1958 and recorder of Colchester in 1965. In 1937, Irvine stood as a Liberal candidate at Bethnal Green North East in the London County Council elections. In his first two unsuccessful parliamentary contests in Kincardine and Western Aberdeenshire in 1935 and 1939, Irvine was a Liberal Party candidate, but later joined the Labour Party. After two further election defeats in Twickenham in 1945 and Aberdeen South in 1946, he was eventually elected Member of Parliament (MP) for Liverpoo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scienter
In law, (Law Latin for "knowingly", ) is a legal term for intent or knowledge of wrongdoing. An offending party then has knowledge of the "wrongness" of an act or event prior to committing it. For example, if a man sells a car with brakes that do not work to his friend, but the seller does not know about the brake problem, the seller then has no . If he sells the car and knew of the problem before he sold the car, he has . Scienter action in tort law The scienter action is a category within tort law in some common law jurisdictions that deals with the damage done by an animal directly to a human. It had a long history in English law until it was abolished by the Animals Act 1971. An action in the common law jurisdictions in which it has not been extinguished by statute is in addition to the torts of negligence and nuisance or more bespoke torts like cattle trespass. If an animal is known to behave in a certain way and is expressed on a person causing injury, an action can be take ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Halsbury's Statutes
''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Measure currently in force in England and Wales (and to various extents in Scotland and Northern Ireland), as well as a number of private and local Acts, with detailed annotations to each section and Schedule of each Act. It incorporates the effects of new Acts of Parliament and secondary legislation into existing legislation to provide a consolidated "as amended" text of the current statute book. ''Halsbury's Statutes'' was created in 1929. The full title of this work was ''The Complete Statutes of England Classified and Annotated in Continuation of Halsbury’s Laws of England and for ready reference entitled Halsbury’s Statutes of England''. As indicated by the title, the new work was to be a companion to ''Halsbury’s Laws of England'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Nicholls Of Birkenhead
Donald James Nicholls, Baron Nicholls of Birkenhead, (25 January 1933 – 25 September 2019) was a British barrister who became a Law Lord (Lord of Appeal in Ordinary). Biography Nicholls was educated at Birkenhead School, before reading Law at Liverpool University and Trinity Hall, Cambridge. He was called to the bar in 1958 as a member of the Middle Temple, becoming a Queen's Counsel in 1974. He was made a High Court judge on 30 September 1983, receiving the customary knighthood. On 10 February 1986, he was appointed a Lord Justice of Appeal and subsequently appointed to the Privy Council. He became Vice-Chancellor of the Supreme Court on 1 October 1991. He was appointed a Lord of Appeal in Ordinary on 3 October 1994 and consequently created a life peer as Baron Nicholls of Birkenhead, of Stoke d'Abernon in the County of Surrey. In 1998, Nicholls and the other Law Lords came to the international fore in deciding whether Augusto Pinochet could be extradited to Spain. T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mirvahedy V Henley
is a House of Lords case concerning the Animals Act 1971. Facts Dr Andrew Henley and his wife Susan kept a horse and two ponies in a field next to their house. On the night of 28–29 August 1996, something frightened the animals, which escaped past a wooden barrier and electrified wire fencing onto a track. They went 300 yards up the track and about a mile along a minor road, and made their way onto the A380 dual carriageway from Torquay to Exeter. Shortly after midnight, Hossein Mirvahedy, a hotel manager, who was driving along this road, collided with the largest of the horses. Mr Mirvahedy suffered serious injuries for which he sought damages in the courts. Law The case turned on Section 2(2) of the Animals Act 1971, which reads as follows:- As Lord Nicholls of Birkenhead noted, "Unfortunately the language of section 2(2) is ... opaque. In this instance the parliamentary draftsman's zeal for brevity has led to obscurity. Over the years section 2(2) has attracted m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dogs Act 1906
The Dogs Act 1906 is an Act of the Parliament of the United Kingdom which deals with dogs. The main provisions relating to civil liability have now been repealed by the Animals Act 1971. See also *Dogs Act Dogs Act (with its variations) is a stock short title used in the United Kingdom for legislation relating to dogs. List *The Dogs Act 1871 *The Dogs Act 1906 (6 Edw 7 c 32) *The Dogs (Amendment) Act 1928 (18 & 19 Geo 5 c 21) *The Dogs Amendmen ... United Kingdom Acts of Parliament 1906 Animal welfare and rights legislation in the United Kingdom Dog law in the United Kingdom {{UK-statute-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cattle Trespass
Cattle trespass was an ancient common law tort whereby the keeper of livestock was held strictly liable for any damage caused by the straying livestock. Under English law the tort was abolished by section 1(1)(c) of the Animals Act 1971, but the tort continues to subsist in other common law jurisdictions, either in its original form as a common law tort, or as modified by statute. Liability for cattle trespass is similar to, but conceptually distinct from, the old common law ''scienter'' action in relation to strict liability for animals which are known to be vicious. In many of the reported cases, claims for cattle trespass and ''scienter'' are pleaded in the alternative. History and development The first recorded writ for cattle trespass was issued during the reign of King John (1199-1216). However the tort initially related to the keeping of animals; it was not until 1353 it was expanded to cover liability caused by their escape. Since its inception, cattle trespass a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...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 so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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