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Butterfield V. Forrester
''Butterfield v. Forrester'', 11 East. 60, 103 Eng. Rep. 926 (K.B. 1809), was an English case before the King's Bench that was the first appearance of contributory negligence as a common law defence against negligence Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a .... Facts Forrester (D) placed a pole against the road next to his house in the course of making repairs to the house. Butterfield (P) was riding at a high speed at approximately 8 pm at twilight and did not see the pole. He struck the pole and suffered personal injuries when he fell off his horse. A witness testified that visibility was 100 yards away at the time of the accident and Butterfield might have seen and avoided the pole had he not been riding at such a high speed. There was no evidence that Butterfield had ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of England
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Case
A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases there are one or more accusers and one or more defendants. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce. Civil case A civil case, more commonly known as a lawsuit or controversy, begins when a plaintiff files most a document called a complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant, and requesting a remedy. The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights. The remedy will be prescribed by the c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of King's Bench (England)
The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the '' curia regis'', the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice (now the Lord Chief Justice of England and Wales) and usually three Puisne Justices. In the 15th and 16th centuries, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equitable doctrines as one of the two principal common law courts along with the Common Pleas. To recov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contributory Negligence
In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own negligence. Because the contributory negligence doctrine can lead to harsh results, many common law jurisdictions have abolished it in favor of a "comparative fault" or "comparative negligence" approach. A comparative negligence approach reduces the plaintiff's damages award by the percentage of fault that the fact-finder assigns to the plaintiff for his or her own injury. For example, if a jury thinks that the plaintiff is 30% at fault for his own injury, the plaintiff's damages award will be reduced by 30%. History The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century. The English case Butterfield v. Forrester is generally recognized as the first appearance, although in this case the jud ... [...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] |
Defense (legal)
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during the prosecution phase. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Davies V Mann
''Davies v. Mann'', 152 Eng. Rep. 588 (1882), was an English case that contained the first formulation of the "last clear chance" or “last opportunity rule” doctrine in negligence law. The case concerned an accident in which a donkey, belonging to the plaintiff, was killed after a wagon, driven by the defendant, collided with it. The plaintiff had left the donkey on the side of the road while it was fettered and so it was contributory negligence. The plaintiff was still allowed recovery, however. The court ruled that since the defendant had an opportunity to avoid the accident by driving with reasonable care (as opposed to driving too quickly at a "smartish pace"), it was the defendant's negligence that really caused the accident. The doctrine became known as the "last clear chance" or "last opportunity rule" doctrine: if the defendant did not take the opportunity of using reasonable care to take the last clear chance to avoid injury, the contributory negligence of the plain ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
May V Burdett
''May v. Burdett'', 9 Q.B. 101 (1846), was an English case argued decided before the Queen's Bench that ruled a plaintiff injured by a dangerous animal kept by the defendant had a prima facie case for negligence even without a showing that the defendant had been negligent in securing the animal.''Baker v. Snell'' 2 K.B. 825 (1908) Case law *''Butterfield v Forrester'' *'' Davies v Mann'' *''Paris v Stepney BC'' *''Winterbottom v Wright ''Winterbottom v Wright'' (184210 M&W 109was an important case in English common law responsible for constraining the law's 19th-century stance on negligence. Facts The plaintiff Winterbottom had been contracted by the Postmaster-General to drive ...'' References {{reflist Negligence case law English tort case law 1846 in case law 1846 in British law Court of King's Bench (England) cases ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paris V Stepney BC
''Paris v Stepney Borough Council'' [1950] UKHL 3 was a decision of the House of Lords that significantly affected the concept of Standard of care in common law. The plaintiff Paris was employed by the then Metropolitan Borough of Stepney, Stepney Borough Council as a general garage-hand. He had sight in only one eye, and his employer was aware of this. The council only issued eye protection goggles to its employees who were welders or tool-grinders. In the course of his usual work, Paris received an injury to his sighted eye. He sued the council for damages in the tort of negligence. On appeal it was decided that Stepney Borough Council was aware of his special circumstances and failed in their duty of care to give him protective goggles. Facts Paris was employed by Stepney Borough Council as garage-hand. He had suffered a war injury that left him with sight in only one eye. While Paris was attempting to loosen a rusted car axle bolt with a hammer, he caused a chip of metal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Winterbottom V Wright
''Winterbottom v Wright'' (184210 M&W 109was an important case in English common law responsible for constraining the law's 19th-century stance on negligence. Facts The plaintiff Winterbottom had been contracted by the Postmaster-General to drive a mail coach supplied by the Postmaster. The defendant Wright had been contracted by the Postmaster to maintain the coach in a safe state. The coach collapsed while Winterbottom was driving, and he was injured. He claimed that Wright had "negligently conducted himself, and so utterly disregarded his aforesaid contract and so wholly and negligently failed to perform his duty in this behalf."Lunney & Oliphant (2003) pp. 91-92. In ''Winterbottom v. Wright'', the court held that the plaintiff had no redress. The principle of ''Winterbottom'' meant that consumers who were injured by defective products in the 19th century had no legal action against the defective execution of a contract to which they were not expressly privy. Judgment In 184 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence Case Law
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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