Cundy V Le Cocq
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Cundy V Le Cocq
''Cundy v Le Cocq'' is an 1884 case in English law concerned with an offence of the Licensing Act 1872, deemed a key one which comes with strict liability In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. .... The defendant was convicted of unlawfully selling alcohol to an intoxicated person under the Licensing Act. On appeal, the defendant contended that he had been unaware of the customer's drunkenness and thus should be acquitted. The court held that knowledge was irrelevant - the question was whether a reasonable dispenser of the last drink sold would have realised the customer was clearly intoxicated. References English criminal case law 1884 in case law 1884 in British law {{law-stub ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ...
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Licensing Act 1872
The Licensing Act 1872 (35 & 36 Vict c 94) is an Act of the Parliament of the United Kingdom. It is one of the Licensing Acts 1828 to 1886 and was one of the Licensing (Ireland) Acts 1833 to 1886. It enacted various regulations and offences relating to alcohol, particularly licensing of premises. Most parts of the Act have been superseded by more recent Licensing Acts, but some parts remain in force. In particular, the Act creates an offence of being drunk in public with a maximum fine of level 1 on the standard scale (£200 ); and of being drunk in a public place while in charge of a horse, a cow (or other cattle), a steam engine, or a carriage, or in possession of a loaded firearm, with a possible penalty of a fine of up to level 1 on the standard scale or 51 weeks in prison. "Carriage" has been interpreted as including mobility scooters, though exemptions apply under the Chronically Sick and Disabled Persons Act 1970; bicycles are covered by their own offence in the Roa ...
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Strict Liability
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Under the strict liability law, if the defendant possesses anything that is inherently dangerous, as specified under the "ultrahazardous" definition, the defendant is then strictly liable for any damages caused by such possession, no matter how careful the defendant is safeguarding them. In the field of torts, prominent examples of strict liability may include product liability, abnormally dangerous activities (e.g., blasting), intrusion onto another's land by livestock, and ownership of wild animals. Other than activities specified above (like ownership of wild animals, etc), US courts have historically considered the following activities as "ultrahazardous": # storing flammable liquids in quantity in an urban area # pile driving # b ...
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English Criminal 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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1884 In Case Law
Events January–March * January 4 – The Fabian Society is founded in London. * January 5 – Gilbert and Sullivan's ''Princess Ida'' premières at the Savoy Theatre, London. * January 18 – Dr. William Price (physician), William Price attempts to cremate his dead baby son, Iesu Grist, in Wales. Later tried and acquitted on the grounds that cremation is not contrary to English law, he is thus able to carry out the ceremony (the first in the United Kingdom in modern times) on March 14, setting a legal precedent. * February 1 – ''A New English Dictionary on historical principles, part 1'' (edited by James Murray (lexicographer), James A. H. Murray), the first fascicle of what will become ''The Oxford English Dictionary'', is published in England. * February 5 – Derby County F.C., Derby County Football Club is founded in England. * March 13 – The siege of Khartoum, Sudan, begins (ends on January 26, 1885). * March 28 – Prince Leopo ...
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