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Floodgates Principle
The floodgates principle, or the floodgates argument, is a legal principle which is sometimes applied by judges to restrict or limit the right to make claims for damages because of a concern that permitting a claimant to recover in such situations might open the metaphorical "floodgates" to large numbers of claims and lawsuits. The principle is most frequently cited in common law jurisdictions, and in English tort law in particular. Most of the situations in which the courts have employed the floodgates argument have revolved around liability in tort, and in particular in relation to the liability for nervous shock or for pure economic loss. The rationale in which the floodgates principle has been applied may vary. In some cases it is expressed to be a constraint upon when a defendant will owe a duty of care, in others it is expressed to be a limitation upon the remoteness of damage for which a defendant should be held responsible for. In other cases it is simply stated as a p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Floodgate Clamshell
Floodgates, also called stop gates, are adjustable gates used to control water flow in flood barriers, reservoir, river, stream, or levee systems. They may be designed to set spillway crest heights in dams, to adjust flow rates in sluices and canals, or they may be designed to stop water flow entirely as part of a levee or storm surge system. Since most of these devices operate by controlling the water surface elevation being stored or routed, they are also known as crest gates. In the case of flood bypass systems, floodgates sometimes are also used to lower the water levels in a main river or canal channels by allowing more water to flow into a flood bypass or detention basin when the main river or canal is approaching a flood stage. Types Valves Valves used in floodgate applications have a variety of design requirements and are usually located at the base of dams. Often, the most important requirement (besides regulating flow) is energy dissipation. Since water is ver ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligent Misstatement
In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India. Representation and contract terms A "representation" is a pre-contractual statement made during negotiations. If a representation has been incorporated into the contract as a term, then the normal remedies for breach of contract apply. Factors that determine whether or not a representation has beco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kent V Griffiths
''Kent v Griffiths'' 0002 All ER 474 is an English tort law case from the Court of Appeal concerning negligence, particularly the duty of care owed by the emergency services; particularly the ambulance service. The emergency services do not generally owe a duty of care to the public except in certain, limited circumstances (''Hill v Chief Constable of West Yorkshire'' 989AC 53 (HL). Case The claimant brought two simultaneous claims in negligence. The first, which was quickly dismissed, against her doctor, and the second, much more significant case against the London Ambulance Service after an ambulance, ordered by the doctor through a 999 call, took forty minutes to arrive at her house, where she was suffering a severe asthma attack, resulting in the claimant suffering respiratory arrest.2 All ER 474 In negligence cases, the claimant must prove that the defendant owed them a duty of care, that this duty was breached and that the injuries for which the claimant is seeking damag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter Sutcliffe
Peter William Sutcliffe (2 June 1946 – 13 November 2020) was an English serial killer who was dubbed the Yorkshire Ripper (an allusion to Jack the Ripper) by the press. Sutcliffe was convicted of murdering 13 women and attempting to murder seven others between 1975 and 1980. He was sentenced to 20 concurrent sentences of life imprisonment, which were converted to a whole life order in 2010. Two of Sutcliffe's murders took place in Manchester; all the others were in West Yorkshire. Sutcliffe initially attacked women and girls in residential areas, but appears to have shifted his focus to red-light districts because he was attracted by the vulnerability of prostitutes and the perceived ambivalent attitude, at the time, of police to prostitutes' safety. He had allegedly regularly used the services of prostitutes in Leeds and Bradford. After his arrest in Sheffield by South Yorkshire Police for driving with false number plates in January 1981, Sutcliffe was transferred ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hill V Chief Constable Of West Yorkshire
was a judicial decision of the House of Lords in relation to the claim by the mother of Jacqueline Hill (one of the last victims of Peter Sutcliffe, the "Yorkshire Ripper") against West Yorkshire Police that their negligence in failing to apprehend the killer resulted in her daughter's death. The House of Lords unanimously struck out the claim as disclosing no justiciable cause of action, upholding the decision of the judge at first instance and of the Court of Appeal. The claim was struck out on the alternative bases of (i) the police owed no specific duty of care to a member of the general public, and (ii) on public policy grounds. Facts Between 1975 and 1980, Peter Sutcliffe killed 13 young women and attempted to kill seven others. His last victim, Jacqueline Hill, a 20-year-old student at Leeds University, was murdered in Leeds on 17 November 1980. Sutcliffe had been arrested for drunk-driving in April 1980. While awaiting trial for this, he killed two more women (including ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hedley Byrne & Co Ltd V Heller & Partners Ltd
''Hedley Byrne & Co Ltd v Heller & Partners Ltd'' 964AC 465 is an English tort law case on economic loss in English tort law resulting from a negligent misstatement. Prior to the decision, the notion that a party may owe another a duty of care for statements made in reliance had been rejected, with the only remedy for such losses being in contract law. The House of Lords overruled the previous position, in recognising liability for pure economic loss not arising from a contractual relationship, applying to commercial negligence the principle of "assumption of responsibility". Facts Hedley Byrne were a firm of advertising agents. A customer, Easipower Ltd, put in a large order. Hedley Byrne wanted to check their financial position, and creditworthiness, and so asked their bank, to get a report from Easipower’s bank, Heller & Partners Ltd., who replied in a letter that was headed, "without responsibility on the part of this bank" ...Easipower is, "considered good for its o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mesothelioma
Mesothelioma is a type of cancer that develops from the thin layer of tissue that covers many of the internal organs (known as the mesothelium). The most common area affected is the lining of the lungs and chest wall. Less commonly the lining of the abdomen and rarely the sac surrounding the heart, or the sac surrounding the testis may be affected. Signs and symptoms of mesothelioma may include shortness of breath due to fluid around the lung, a swollen abdomen, chest wall pain, cough, feeling tired, and weight loss. These symptoms typically come on slowly. More than 80% of mesothelioma cases are caused by exposure to asbestos. The greater the exposure the greater the risk. As of 2013, about 125 million people worldwide have been exposed to asbestos at work. High rates of disease occur in people who mine asbestos, produce products from asbestos, work with asbestos products, live with asbestos workers, or work in buildings containing asbestos. Asbestos exposure and the onse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mesothelioma
Mesothelioma is a type of cancer that develops from the thin layer of tissue that covers many of the internal organs (known as the mesothelium). The most common area affected is the lining of the lungs and chest wall. Less commonly the lining of the abdomen and rarely the sac surrounding the heart, or the sac surrounding the testis may be affected. Signs and symptoms of mesothelioma may include shortness of breath due to fluid around the lung, a swollen abdomen, chest wall pain, cough, feeling tired, and weight loss. These symptoms typically come on slowly. More than 80% of mesothelioma cases are caused by exposure to asbestos. The greater the exposure the greater the risk. As of 2013, about 125 million people worldwide have been exposed to asbestos at work. High rates of disease occur in people who mine asbestos, produce products from asbestos, work with asbestos products, live with asbestos workers, or work in buildings containing asbestos. Asbestos exposure and the onse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Asbestos
Asbestos () is a naturally occurring fibrous silicate mineral. There are six types, all of which are composed of long and thin fibrous crystals, each fibre being composed of many microscopic "fibrils" that can be released into the atmosphere by abrasion and other processes. Inhalation of asbestos fibres can lead to various dangerous lung conditions, including mesothelioma, asbestosis, and lung cancer, so it is now notorious as a serious health and safety hazard. Archaeological studies have found evidence of asbestos being used as far back as the Stone Age to strengthen ceramic pots, but large-scale mining began at the end of the 19th century when manufacturers and builders began using asbestos for its desirable physical properties. Asbestos is an excellent electrical insulator and is highly fire-resistant, so for much of the 20th century it was very commonly used across the world as a building material, until its adverse effects on human health were more widely acknowledged ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter Oliver, Baron Oliver Of Aylmerton
Peter Raymond Oliver, Baron Oliver of Aylmerton, PC (7 March 1921 – 17 October 2007) was a British judge and barrister. Oliver was born in Cambridge, where his father, David Thomas Oliver, was a professor of law and fellow of Trinity Hall, Cambridge. He was educated at The Leys School, Cambridge and Trinity Hall, Cambridge, graduating with a starred First in law in 1941. He later became an honorary fellow of Trinity Hall, and became University Commissary. From 1941 to 1945, he served in the 12th Battalion Royal Tank Regiment, and was mentioned in dispatches during his service in Italy. He was Honorary President of the Cambridge University Law Society. Oliver was called to the Bar at Lincoln's Inn in 1948, and became a chancery barrister. He became a Queen's Counsel in 1965, a bencher at Lincoln's Inn in 1973. He was knighted one year later, when he was appointed a Judge of the High Court in the Chancery Division. Between 1976 and 1980, he was a member of the Restr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
