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Byrne V Boadle
''Byrne v Boadle'' (2 Hurl. & Colt. 722, 159 Eng. Rep. 299, 1863) is an English tort law case that first applied the doctrine of ''res ipsa loquitur''. Facts A barrel of flour fell from a second-story loft and hit the plaintiff on his head. Though there were two witnesses who saw the injury, there were no witnesses as to how the barrel fell out and hit the plaintiff. Under these conditions, the plaintiff was not required to provide direct evidence as to whether the person responsible for the barrel had breached his duty of care. Judgment Initially, in the lower court the case was non-suited through a direct verdict because the plaintiff could provide no evidence. Subsequently the appellate court concluded that under the conditions, the fact of the accident itself provided sufficient circumstantial evidence to establish the breach of a duty of care. Baron Pollock Sir Charles Edward Pollock, serjeant-at-law, SL (31 October 1823 – 21 November 1897) was an England, English ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Res Ipsa Loquitur
''Res ipsa loquitur'' (Latin: ''"the thing speaks for itself"'') is a doctrine in the common law and Roman-Dutch law jurisdictions under which a court can infer negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved in the context of tort litigation. Although specific criteria differ by jurisdiction, an action typically must satisfy the following elements of negligence: the existence of a duty of care, breach of appropriate standard of care, causation, and injury. In ''res ipsa loquitur'', the existence of the first three elements is inferred from the existence of injury that does not ordinarily occur without negligence. History The term comes from Latin and is literally translated "the thing itself speaks", but the sense is well conveyed in the more common translation, "the thing speaks for itself". The earliest known use of the phrase was by Cicero in his defence speech ''Pro Milone''. The circumstances of the genes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Loft
A loft is a building's upper storey or elevated area in a room directly under the roof (American usage), or just an attic: a storage space under the roof usually accessed by a ladder (primarily British usage). A loft apartment refers to large adaptable open space, often converted for residential use (a converted loft) from some other use, often light industrial. Adding to the confusion, some converted lofts include upper open loft areas. Loft and attic In U.S usage, a loft is an upper room or storey in a building, mainly in a barn, directly under the roof, used for storage (as in most private houses). In this sense it is roughly synonymous with attic, the major difference being that an attic typically constitutes an entire floor of the building, while a loft covers only a few rooms, leaving one or more sides open to the lower floor. In British usage, lofts are usually just a roof space accessed via a hatch and loft ladder, while attics tend to be rooms immediately under the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Direct Evidence
Direct evidence supports the truth of an assertion (in criminal law, an assertion of guilt or of innocence) directly, i.e., without an intervening inference. A witness relates what they directly experienced, usually by sight or hearing, but also possibly through any sense including smell, touch or pain.''State v. Famber'', 214 S.W.2d 40 (Mo. 1947). Circumstantial evidence, by contrast, consists of a fact or set of facts which, if proven, will support the creation of an inference that the matter asserted is true. For example, a witness who testifies that they saw the defendant shoot a victim gives direct evidence. A witness who testifies that they saw the defendant fleeing the scene of the crime, or a forensics expert who says that ballistics proves that the defendant's gun shot the bullet that killed the victim, both give circumstantial evidence from which the defendant's guilt may be inferred. See also *Hearsay *In flagrante delicto *Smoking gun *Digital evidence In evidenc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breach Of Duty In English Law
In English tort law, there can be no liability in negligence unless the claimant establishes both that they were owed a duty of care by the defendant, and that there has been a breach of that duty. The defendant is in breach of duty towards the claimant if their conduct fell short of the standard expected under the circumstances. General standard of care is as follows For a defendant to be deemed negligent, he must have breached his duty of care towards the plaintiff. In order to be deemed as breaching the duty of care, his actions must be proven to fall below the standard of care likely to be taken by the reasonable man. Establishing a breach of duty and ascertaining the standard of care is complex and before establishing that the duty of care has been breached the plaintiff must first prove that the defendant owed him a duty of care. The standard of care is defined as the measures that a reasonable person (in the circumstances of the defendant) take to reduce the risk of harm. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Care
In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed ''by operation of law'' between individuals who have no ''current'' direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. Deve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Circumstantial Evidence
Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact—such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly—i.e., without need for any additional evidence or inference. Overview On its own, circumstantial evidence allows for more than one explanation. Different pieces of circumstantial evidence may be required, so that each corroborates the conclusions drawn from the others. Together, they may more strongly support one particular inference over another. An explanation involving circumstantial evidence becomes more likely once alternative explanations have been ruled out. Circumstantial evidence allows a trier of fact to infer that a fact exists. In criminal law, the inference is made by the trier of fact to support the truth of an assertion (of guilt or absence of guilt). Reasonable doubt is tied into circumstantial evidence as that evidence relies on inferen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Baron Pollock
Sir Charles Edward Pollock, serjeant-at-law, SL (31 October 1823 – 21 November 1897) was an England, English judge, one of the last Baron of the Court of the Exchequer, Barons of the Court of the Exchequer and Serjeant-at-law, serjeants-at-law. Life He was the fourth son of Sir Jonathan Frederick Pollock, by his first wife, Frances, daughter of Francis Rivers. He was born on 31 October 1823. He was educated at St. Paul's School, London, St. Paul's School from 1833 to 1841, and, dispensing with a university course, served a long and varied apprenticeship to the law as private secretary and (from 1846) marshal to his father, and also as pupil to James Shaw Willes. On 18 January 1842, he was admitted student at the Inner Temple, where he was called to the bar on 29 January 1847, and elected bencher on 16 November 1866. For some years after his call Pollock went the home circuit without success. Meanwhile, however, he made himself known as a reporter in the court of exchequer, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prima Facie
''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' ('face'), both in the ablative case. In modern, colloquial and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. Burde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1863 In Case Law
Events January–March * January 1 – Abraham Lincoln signs the Emancipation Proclamation during the third year of the American Civil War, making the abolition of slavery in the Confederate states an official war goal. It proclaims the freedom of 3.1 million of the nation's four million slaves and immediately frees 50,000 of them, with the rest freed as Union armies advance. * January 2 – Lucius Tar Painting Master Company (''Teerfarbenfabrik Meirter Lucius''), predecessor of Hoechst, as a worldwide chemical manufacturing brand, founded in a suburb of Frankfurt am Main, Germany. * January 4 – The New Apostolic Church, a Christian and chiliastic church, is established in Hamburg, Germany. * January 7 – In the Swiss canton of Ticino, the village of Bedretto is partly destroyed and 29 killed, by an avalanche. * January 8 ** The Yorkshire County Cricket Club is founded at the Adelphi Hotel, in Sheffield, England. ** American Civil War – Se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1863 In British Law
Events January–March * January 1 – Abraham Lincoln signs the Emancipation Proclamation during the third year of the American Civil War, making the abolition of slavery in the Confederate states an official war goal. It proclaims the freedom of 3.1 million of the nation's four million slaves and immediately frees 50,000 of them, with the rest freed as Union armies advance. * January 2 – Lucius Tar Painting Master Company (''Teerfarbenfabrik Meirter Lucius''), predecessor of Hoechst, as a worldwide chemical manufacturing brand, founded in a suburb of Frankfurt am Main, Germany. * January 4 – The New Apostolic Church, a Christian and chiliastic church, is established in Hamburg, Germany. * January 7 – In the Swiss canton of Ticino, the village of Bedretto is partly destroyed and 29 killed, by an avalanche. * January 8 ** The Yorkshire County Cricket Club is founded at the Adelphi Hotel, in Sheffield, England. ** American Civil War & ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
