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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] |
Donkey (PSF)
The domestic donkey is a hoofed mammal in the family Equidae, the same family as the horse. It derives from the African wild ass, ''Equus africanus'', and may be classified either as a subspecies thereof, ''Equus africanus asinus'', or as a separate species, ''Equus asinus''. It was domesticated in Africa some years ago, and has been used mainly as a working animal since that time. There are more than 40 million donkeys in the world, mostly in underdeveloped countries, where they are used principally as draught or pack animals. While working donkeys are often associated with those living at or below subsistence, small numbers of donkeys or asses are kept for breeding or as pets in developed countries. An adult male donkey is a ''jack'' or ''jackass'', an adult female is a ''jenny'' or ''jennet'', and an immature donkey of either sex is a ''foal''. Jacks are often mated with female horses (mares) to produce '' mules''; the less common hybrid of a male horse (stallion) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Last Clear Chance
The last clear chance doctrine of tort law, is applicable to negligence cases in jurisdictions that apply rules of contributory negligence in lieu of comparative negligence. Under this doctrine, a negligent plaintiff can nonetheless recover if he is able to show that the defendant had the last opportunity to avoid the accident. Though the stated rationale has differed depending on the jurisdiction adopting the doctrine, the underlying idea is to mitigate the harshness of the contributory negligence rule. Conversely, a defendant can also use this doctrine as a defense. If the plaintiff has the last clear chance to avoid the accident, the defendant will not be liable. Statement The Restatement (Second) of TortsRestatement (Second) of Torts § 766C (1979). explains the doctrine in detail as follows: See also *Avoidable consequences rule *Personal injury Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. In common ... [...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] |
Fetter
Legcuffs are physical restraints used on the ankles of a person to allow walking only with a restricted stride and to prevent running and effective physical resistance. Frequently used alternative terms are leg cuffs, (leg/ankle) shackles, footcuffs, fetters or leg irons. The term "fetter" shares a root with the word "foot". Shackles are typically used on prisoners and slaves. Leg shackles also are used for chain gangs to keep them together. Metaphorically, a fetter may be anything that restricts or restrains in any way, hence the word "''unfettered''". History The earliest fetters found in archaeological excavations date from the prehistoric age and are mostly of the puzzle lock type. Fetters are also referenced in ancient times in the Bible (, , ) A variety of restraint types already existed in Roman times. Some early versions of cup lock shackles existed at this time. These were widely used in medieval times, but their use declined when mass production made the manufact ... [...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] |
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. 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 been intoxicated at the time of the accident. At trial, the judge instructed the jury that if an individual riding with reasonable care could have avoided the pole, and if the jury found that Butterfield had not used reasonable care, the verdict should b ... [...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] |
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] |
1842 In Case Law
__NOTOC__ Year 184 ( CLXXXIV) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Eggius and Aelianus (or, less frequently, year 937 '' Ab urbe condita''). The denomination 184 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place China * The Yellow Turban Rebellion and Liang Province Rebellion break out in China. * The Disasters of the Partisan Prohibitions ends. * Zhang Jue leads the peasant revolt against Emperor Ling of Han of the Eastern Han Dynasty. Heading for the capital of Luoyang, his massive and undisciplined army (360,000 men), burns and destroys government offices and outposts. * June – Ling of Han places his brother-in-law, He Jin, in command of the imperial army and sends them to attack the Yellow Turban rebels. * Winter – ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
