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Duty Of Care In English Law
In English tort law, an individual may owe a duty of care to another, to ensure that they do not suffer any unreasonable harm or loss. If such a duty is found to be breached, a legal liability is imposed upon the tortfeasor to compensate the victim for any losses they incur. The idea of individuals owing strangers a duty of care – where beforehand such duties were only found from contractual arrangements – developed at common law, throughout the 20th century. The doctrine was significantly developed in the case of ''Donoghue v Stevenson'', where a woman succeeded in establishing a manufacturer of ginger beer owed her a duty of care, where it had been negligently produced. Following this, the duty concept has expanded into a coherent judicial test, which must be satisfied in order to claim in negligence. Generally, a duty of care arises where one individual or group undertakes an activity which could reasonably harm another, either physically, mentally, or economically. This in ... [...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] |
Lord Wilberforce
Richard Orme Wilberforce, Baron Wilberforce, (11 March 1907 – 15 February 2003) was a British judge. He was a Lord of Appeal in Ordinary from 1964 to 1982. Early life and career Born in Jalandhar, India, Richard Wilberforce was the son of Samuel Wilberforce, ICS, later a judge of the Lahore High Court, and of Katherine Wilberforce, the daughter of John Sheepshanks, Bishop of Norwich. His grandfather was Reginald Wilberforce, who helped restore British order in Delhi, after the Indian Rebellion of 1857. His great-grandfather was Samuel Wilberforce, Bishop of Winchester, and his great-great-grandfather was the abolitionist William Wilberforce, a connection which had much influence upon him. Wilberforce spent the first seven years of his life in India, before being sent to England in 1914 on the outbreak of the First World War. He attended five preparatory schools, the last being Sandroyd School. From Sandroyd he went to Winchester College in 1920 where Monty Rendall, the he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burglary
Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to ''burgle'', a term back-formed from the word ''burglar'', or to ''burglarize''. Etymology Sir Edward Coke (1552–1634) explains at the start of Chapter 14 in the third part of ''Institutes of the Lawes of England'' (pub. 1644), that the word ''Burglar'' ("''or the person that committeth burglary''"), is derived from the words ''burgh'' and ''laron'', meaning ''house-thieves''. A note indicates he relies on the ''Brooke's case'' for this definition. According to one textbook, the etymology originates from Anglo-Saxon or Old English, one of the Germanic languages. (Perhaps paraphrasing Sir Edward Coke:) "The word ''burglar'' comes from the two Ge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Occupiers' Liability In English Law
Occupiers' liability is a field of tort law, codified in statute, which concerns the duty of care owed by those who occupy real property, through ownership or lease, to people who visit or trespass. It deals with liability that may arise from accidents caused by the defective or dangerous condition of the premises. In English law, occupiers' liability towards visitors is regulated in the Occupiers' Liability Act 1957. In addition, occupiers' liability to trespassers is provided under the Occupiers' Liability Act 1984. Although the law largely codified the earlier common law, the difference between a "visitor" and a "trespasser", and the definition of an "occupier" continue to rely on cases for their meaning. Who is an occupier? Neither Occupiers' Liability Act defines "occupier". The definition must be sought in case law. The currently applicable test for the status of "occupier" is the degree of occupational control. The more control a person has over certain premises, the more ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smith V Littlewoods
''Smith v Littlewoods Organisation Ltd'' House of Lords decision on duty of care in the tort of negligence. It was specifically concerning the potential liability for the wrongdoing of third parties. Facts Littlewoods Organisation Ltd purchased a cinema in 1976, intending to demolish it and turning it into a supermarket. After some initial work in June it was left unattended. Sometimes vandals and children broke in, and on one occasion vandals set fire to some old film, and the cinema itself. On 5 July 1976, vandals started a larger fire and the cinema burnt down, damaging a few adjacent buildings including a neighbouring cafe, billiard saloon and church. The neighbours claimed damages and brought an action against Littlewoods for negligence on the basis that they failed to take reasonable care of the cinema by having it regularly inspected or locking and guarding the premises. The instant court held the fire was reasonably foreseeable. Littlewoods appealed, arguing they had no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Hoffmann
Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break with convention, he has had an especially large impact on the interpretation of contracts, shareholder actions in UK company law, in restricting tort liability for public authorities, human rights and intellectual property law, in particular patents. Currently, he serves as a Non-Permanent Judge of the Court of Final Appeal of Hong Kong. Early life Born 8 May 1934 in Cape Town, Leonard Hubert Hoffmann was the son of a well-known solicitor who co-founded what has become Africa's largest law firm, Edward Nathan Sonnenbergs. Education He was educated at the University of Cape Town and then attended The Queen's College, Oxford, as a Rhodes Scholar, where he studied for the BCL degree and won the Vinerian Scholarship. Between 1961 and 1973, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Baker V T E Hopkins & Son Ltd
''Baker v. T E Hopkins & Son Ltd'' 9593 All ER 225 is a Court of Appeal of England and Wales decision dealing with the issue of helpers' liability in tort. Facts Two employees of the defendant company were overcome by carbon monoxide fumes in a well they were attempting to decontaminate. The plaintiff, a doctor, went in to try to rescue them even though he was warned of the fumes and told that the fire brigade was on the way. The fumes had been caused by the company negligently placing a motor operated pump at the bottom of the well on some scaffolding in order to assist in the pumping out of the well. All three men died. Judgment The defendant company argued that (the estate of) the plaintiff doctor should either not be compensated because the doctor knowingly accepted the risk he was taking or his damages would be reduced for contributory negligence. The Court of Appeal considered that such a suggestion was "ungracious" and that it was unseemly and irrational to say that a re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lifeguards
A lifeguard is a rescuer who supervises the safety and rescue of swimmers, surfers, and other water sports participants such as in a swimming pool, water park, beach, spa, river and lake. Lifeguards are trained in swimming and CPR/ AED first aid, certified in water rescue using a variety of aids and equipment depending on requirements of their particular venue. In some areas, lifeguards are part of the emergency services system to incidents and in some communities, lifeguards may function as the primary EMS provider. Responsibilities A lifeguard is responsible for the safety of people in an area of water, and usually a defined area immediately surrounding or adjacent to it, such as a beach next to an ocean or lake. The priority is to ensure no harm comes to users of the area for which they are responsible. Lifeguards often take on this responsibility upon employment, although they can also be volunteers. The conditions resulting in drowning are summarized by the 'drowning ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Benjamin N
Benjamin ( he, ''Bīnyāmīn''; "Son of (the) right") blue letter bible: https://www.blueletterbible.org/lexicon/h3225/kjv/wlc/0-1/ H3225 - yāmîn - Strong's Hebrew Lexicon (kjv) was the last of the two sons of Jacob and Rachel (Jacob's thirteenth child and twelfth and youngest son) in Jewish, Christian and Islamic tradition. He was also the progenitor of the Israelite Tribe of Benjamin. Unlike Rachel's first son, Joseph, Benjamin was born in Canaan according to biblical narrative. In the Samaritan Pentateuch, Benjamin's name appears as "Binyamēm" ( Samaritan Hebrew: , "son of days"). In the Quran, Benjamin is referred to as a righteous young child, who remained with Jacob when the older brothers plotted against Joseph. Later rabbinic traditions name him as one of four ancient Israelites who died without sin, the other three being Chileab, Jesse and Amram. Name The name is first mentioned in letters from King Sîn-kāšid of Uruk (1801–1771 BC), who called himself “K ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Konrad Schiemann
Sir Konrad Hermann Theodor Schiemann, PC (born 15 September 1937) is a former German-British barrister and judge. He served on the Court of Appeal, and he was also a member of the Court of Justice of the European Union. Schiemann was born in Berlin in 1937 to Helmut Schiemann and Beate von Simson. His father was killed during the Second World War, but he and his mother escaped to Munich. After his mother died, he emigrated to England to live with an uncle in 1946. He was educated at King Edward's School, Birmingham, Freiburg University, and Pembroke College, Cambridge. In 1965, he married Elisabeth Hanna Eleonore Holroyd-Reece, daughter of publisher John Holroyd-Reece. Judgments in Court of Justice of the European Union, the European Court of Human Rights and the English and Welsh Court of Appeal *C338/04 - Placanica - Articles 43 EC and 49 EC precludes national legislation, which imposes a criminal penalty on persons for pursuing the organised activity of collecting bets without ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
