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Fouldes V. Willoughby
''Fouldes v Willoughby'' (1841) 8 M&W 540 is a leading English law case on the tort of conversion. Facts The owner of two horses had come on board a ferry from Birkenhead to Liverpool. The ferryman refused to carry the horses. The owner refused to take them back on shore, and so the ferryman took the bridle from the owner turned the horses loose at the landing. The owner stayed put on board, and did not try to get the horses back. He sued the ferryman for conversion. The judge at the trial told the jury that the defendant ferryman, by taking the horses from the plaintiff and turning them out of the vessel, had been guilty of a conversion. The ferryman appealed. Judgment The Exchequer Court held that the ferryman was not guilty of conversion, because there was no interference with the plaintiff's "general right of dominion" over the horses. “In my opinion,” said Lord Abinger CJ, “he should have added to his direction, that it was for them to consider what was the intenti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Abinger CJ
James Scarlett, 1st Baron Abinger (13 December 1769 – 17 April 1844), was an English lawyer, politician and judge. Early life James Scarlett was born in Jamaica, where his father, Robert Scarlett, had property. In the summer of 1785 he was sent to England to complete his education at Hawkshead Grammar School and afterwards at Trinity College, Cambridge, taking his Bachelor of Arts degree in 1789. Having entered the Inner Temple he took the advice of Samuel Romilly, studied law on his own for a year, and then was taught by George Wood. He was called to the bar in 1791, and joined the northern circuit and the Lancashire sessions. This cites: *Peter Campbell Scarlett, ''A Memoir of the Right Honorable James, First Lord Abinger, Chief Baron of Her Majesty's Court of Exchequer'', 1877 *Edward Foss, ''Lives of the Judges'' *Edward Manson, ''Builders of our Law'', 1904 Legal and political career Though Scarlett had no professional connections, he gradually obtained a large practice, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rolfe B
Robert Monsey Rolfe, 1st Baron Cranworth, PC (18 December 1790 – 26 July 1868) was a British lawyer and Liberal politician. He twice served as Lord High Chancellor of Great Britain. Background and education Born at Cranworth, Norfolk, he was the elder son of the Reverend Edmund Rolfe and Jemima Alexander, James Alexander, 1st Earl of Caledon's niece and a granddaughter of physician Messenger Monsey. Rolfe was related to Admiral Lord Horatio Nelson, he was educated at Bury St Edmunds, Winchester, Trinity College, Cambridge, Downing College, Cambridge (of which he was elected fellow) and was called to the bar, Lincoln's Inn, in 1816. Legal and political career Cranworth represented Penryn and Falmouth in Parliament from 1832 until he was appointed a Baron of the Exchequer in 1839. In 1850 he was appointed a Vice-Chancellor and raised to the peerage as Baron Cranworth, of Cranworth in the County of Norfolk. In 1852 Lord Cranworth became Lord Chancellor in Lord Aberdeen's coa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conversion (law)
Conversion is an intentional tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ... consisting of "taking with the intent of exercising over the Personal property, chattel an ownership inconsistent with the real owner's right of possession". In England & Wales, it is a tort of strict liability. Its equivalents in criminal law include larceny or theft and criminal conversion. In those jurisdictions that recognise it, criminal conversion is a lesser crime than theft/larceny. Examples of conversion include: 1) Alpha cuts down and hauls away trees on land s/he knows is owned by Beta, without permission or privilege to do so; and 2) Gamma takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Gamma put it). A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Birkenhead
Birkenhead (; cy, Penbedw) is a town in the Metropolitan Borough of Wirral, Merseyside, England; historically, it was part of Cheshire until 1974. The town is on the Wirral Peninsula, along the south bank of the River Mersey, opposite Liverpool. At the 2011 census, it had a population of 88,818. Birkenhead Priory and the Mersey Ferry were established in the 12th century. In the 19th century, Birkenhead expanded greatly as a consequence of the Industrial Revolution. Birkenhead Park and Hamilton Square were laid out as well as the first street tramway in Britain. The Mersey Railway connected Birkenhead and Liverpool with the world's first tunnel beneath a tidal estuary; the shipbuilding firm Cammell Laird and a seaport were established. In the second half of the 20th century, the town suffered a significant period of decline, with containerisation causing a reduction in port activity. The Wirral Waters development is planned to regenerate much of the dockland. Toponymy The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liverpool
Liverpool is a city and metropolitan borough in Merseyside, England. With a population of in 2019, it is the 10th largest English district by population and its metropolitan area is the fifth largest in the United Kingdom, with a population of 2.24 million. On the eastern side of the Mersey Estuary, Liverpool historically lay within the ancient hundred of West Derby in the county of Lancashire. It became a borough in 1207, a city in 1880, and a county borough independent of the newly-created Lancashire County Council in 1889. Its growth as a major port was paralleled by the expansion of the city throughout the Industrial Revolution. Along with general cargo, freight, and raw materials such as coal and cotton, merchants were involved in the slave trade. In the 19th century, Liverpool was a major port of departure for English and Irish emigrants to North America. It was also home to both the Cunard and White Star Lines, and was the port of registry of the ocean li ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bridle
A bridle is a piece of equipment used to direct a horse. As defined in the ''Oxford English Dictionary'', the "bridle" includes both the that holds a bit that goes in the mouth of a horse, and the reins that are attached to the bit. Headgear without a bit that uses a noseband to control a horse is called a hackamore, or, in some areas, a bitless bridle. There are many different designs with many different name variations, but all use a noseband that is designed to exert pressure on sensitive areas of the animal's face to provide direction and control. Parts The bridle consists of the following elements: * Crownpiece: The crownpiece, headstall (US) or headpiece (UK) goes over the horse's head just behind the animal's ears, at the poll. It is the main strap that holds the remaining parts of the bridle in place. * Cheekpieces: On most bridles, two cheekpieces attach to either side of the crownpiece and run down the side of the horse's face, along the cheekbone and attach to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trespass In English Law
Trespass in English law is an area of tort law broadly divided into three groups: trespass to the person, trespass to goods, and trespass to land. Trespass to the person comes in three variants: assault, which is "to act in such a way that the claimant believes he is about to be attacked"; battery, "the intentional and direct application of force to another person"; and false imprisonment, "depriving the claimant of freedom of movement, without a lawful justification for doing so". All three require that the act be a direct and intentional act, with indirect or unintentional acts falling under the tort of negligence. Battery and assault require the claimant to establish that the defendant intended to act, while false imprisonment is a tort of strict liability. The guiding principle behind all three is based on the statement of Robert Goff, LJ, who stated in ''Collins v Wilcock'' that "any person's body is inviolate", excepting normal, day-to-day physical contact. Trespass to g ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trover
Trover () is a form of lawsuit in common-law countries for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the property itself (see replevin). Overview Although actions in trover can be traced to the time of Bracton, and later Edward I of England, it became more clearly defined later during the reign of Henry VI of England, 1422–1461 and 1470–1471. Action in trover became a mature legal doctrine during the reign of Elizabeth I of England, 1558–1603. Early trover cases involved the keeping or taking of a bailment by the bailee (the person charged to hold the property with "ordinary care"). Others concerned the use of lost chattels found by another and determining who was the real owner. Early on, there was difficulty in dealing with situations where chattels held by a bailee were used by a ... [...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] |
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