Employers' Liability Act 1880
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Employers' Liability Act 1880
The Employers' Liability Act 1880 was an act passed on 7 September 1880 by the Parliament of the United Kingdom. It enabled workers to seek compensation for injuries resulting from the negligence of a fellow employee. Background Prior to the passing of the Employers' Liability Act, it was impossible for a worker to hold his employer responsible for injuries caused by his foreman or another worker's negligence. This was because the standard line of thought on the matter at the time was expressed by the doctrine of Common Employment, which stated that “if the person occasioning and the person suffering the injury are fellow workmen, engaged in a common employment, the employer is not responsible.” This doctrine of Common Employment was first established in the 1837 ''Priestly v. Fowler'' decision Another legal principle at the time, supposedly dating back to the origin of English Common Law that “a personal action dies with the person entitled to maintain it,” ( Actio pers ...
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43 & 44 Vict
43 may refer to: * 43 (number) * one of the years 43 BC, AD 43, 1943, 2043 * Licor 43, also known as "Cuarenta Y Tres" ("Forty-three" in Spanish) * George W. Bush, 43rd President of the United States, nicknamed "Bush 43" to distinguish from his father * "Forty Three", a song by Karma to Burn from the album ''Appalachian Incantation Appalachian may refer to: * Appalachian Mountains, a major mountain range in eastern United States and Canada * Appalachian Trail, a hiking trail in the eastern United States * The people of Appalachia and their culture ** Appalachian Americans, e ...
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Common Employment
Common employment was an historical defence in English tort law that said workers implicitly undertook the risks of being injured by their co-workers, with whom they were in "common employment". The US labor law terminology was the "fellow servant rule". Development The operation of the doctrine was seen first in '' Priestly v Fowler'' in the United Kingdom. In the United States the doctrine was seen in '' Farwell v. Boston & Worcester R.R. Corp''. Bunker Hill Mining Company operated by the fellow servant doctrine. According to Katherine Aiken, "persons engaged in the same common pursuit for the same employer were fellow servants and companies were not liable for injuries where a fellow servant was at fault. Thus, either the miner himself or his coworker was ultimately responsible for accidents." Between March 1893 and Feb. 1894, 15 fatalities occurred at the mine. It was abolished altogether by the Law Reform (Personal Injuries) Act 1948 in the United Kingdom. The doctrine ...
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Priestly V
Priestly is a surname. Notable people with the surname include: * Miranda Priestly, a character in ''The Devil Wears Prada'' * Paul Priestly, a character in ''EastEnders'' See also * Priestley (other) * Priestly source, one of the proposed sources of the Torah/Pentateuch according to the documentary hypothesis * Priest A priest is a religious leader authorized to perform the sacred rituals of a religion, especially as a mediatory agent between humans and one or more deities. They also have the authority or power to administer religious rites; in particu ...
, a religious leader authorized to perform sacred rituals and mediate between humans and deities {{surname ...
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English Common 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 law o ...
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Actio Personalis Moritur Cum Persona
''Actio personalis moritur cum persona'' is a Latin expression meaning "a personal right of action dies with the person". Effect of the maxim Some legal causes of action can survive the death of the claimant or plaintiff, for example actions founded in contract law. However, some actions are personal to the plaintiff, defamation of character being one notable example. Therefore, such an action, where it relates to the private character of the plaintiff, comes to an end on his death, whereas an action for the publication of a false and malicious statement which causes damage to the plaintiff's personal estate will survive to the benefit of his or her personal representatives. The principle also exists to protect the estate and executors from liability for strictly personal acts of the deceased, such as charges for fraud. Origins of the maxim It has been argued by academics and acknowledged by the courtscf. the remarks of Viscount Simon in ''Stewart v. London, Midland and Scot ...
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Legal Liability
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability. Theories of liability Claimants can prove liability through a myriad of different theories, known as theories of liability. Which theories of liability are available in a given case depends on nature of the law in question. For example, in case involving a contractual dispute, one available theory of liability is breach of contract; or in the tort context, negligence, negligence per se, respondeat superior, vicarious liability, strict liability, or intentional conduct are all valid theories of liability. Each theory of liability has certain conditions, or elements, that must be proven by the claimant before liability will be established. For example, the theory of n ...
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Workmen's Compensation Act 1897
The Workmen's Compensation Act 1897 was British law in operation from 1897 to 1946. The Britain followed the German model. Joseph Chamberlain, leader of the Liberal Unionist party and in coalition with the Conservatives, designed a plan that was enacted under the Salisbury government in 1897. The Act was a key domestic achievement. It served its social purpose at no cost to the government, since employers were required to cover medical costs of injuries on the job. It replaced the Employers' Liability Act 1880, which gave the injured worker the right to sue the employer but put the burden of proof on the employee. After 1897, injured employees had only to show that they had been injured on the job. These are roughly the same rights German workers were awarded in their 1884 law. However, the act did not require any form of risk pooling such as insurance on the part of the employers. As pointed out in the International Labour Organization 1935 "Report on Social Insurance", compulsory ...
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United Kingdom Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ...
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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 ...
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History Of Labour Law In The United Kingdom
The History of labour law in the United Kingdom concerns the development of UK labour law, from its roots in Roman and medieval times in the British Isles up to the present. Before the Industrial Revolution and the introduction of mechanised manufacture, regulation of workplace relations was based on status, rather than contract or mediation through a system of trade unions. Serfdom was the prevailing status of the mass of people, except where artisans in towns could gain a measure of self-regulation through guilds. In 1740 save for the fly- shuttle the loom was as it had been since weaving had begun. The law of the land was, under the Act of Apprentices 1563, that wages in each district should be assessed by Justices of the Peace. From the middle of the 19th century, through Acts such as the Master and Servant Act 1867 and the Employers and Workmen Act 1875, there became growing recognition that greater protection was needed to promote the health and safety of workers, as well as p ...
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United Kingdom Acts Of Parliament 1880
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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