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George V Skivington
''George v Skivington'' (1869) is an English tort law case where it was held that a manufacturer who places a product intended for human consumption into the market, in a form that is liable for damage and who fails to exercise reasonable care to ensure that the product is suitable for human consumption, could be sued for damages by the victims. Facts In 1869, when Mr George bought hair wash for his wife, who used it and was injured by the improperly manufactured product, he sued Mr Skivington (the manufacturer) and won the case, even though his wife was not a party to the contract. Judgement Plaintiff was successful in his claim because the manufacturer knew the product was negligently made. The court awarded damages for the manufacturer failing to foresee reasonable omissions in a breach on contract. Significance ''George v Skivington'' represented the first time in British common law, a third party or persons, which was not directly involved in the incident. The decision was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Baron Pollock
Sir Charles Edward Pollock, serjeant-at-law, SL (31 October 1823 – 21 November 1897) was an England, English judge, one of the last Baron of the Court of the Exchequer, Barons of the Court of the Exchequer and Serjeant-at-law, serjeants-at-law. Life He was the fourth son of Sir Jonathan Frederick Pollock, by his first wife, Frances, daughter of Francis Rivers. He was born on 31 October 1823. He was educated at St. Paul's School, London, St. Paul's School from 1833 to 1841, and, dispensing with a university course, served a long and varied apprenticeship to the law as private secretary and (from 1846) marshal to his father, and also as pupil to James Shaw Willes. On 18 January 1842, he was admitted student at the Inner Temple, where he was called to the bar on 29 January 1847, and elected bencher on 16 November 1866. For some years after his call Pollock went the home circuit without success. Meanwhile, however, he made himself known as a reporter in the court of exchequer, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Donoghue V Stevenson
was a Lists of landmark court decisions, landmark court decision in Scots delict law and English tort law by the House of Lords. It laid the foundation of the modern law of negligence in Common law jurisdictions worldwide, as well as in Scotland, establishing general principles of the duty of care. Also known as the "Paisley Snail" or "Snail in the Bottle" case, the case involved Mrs May Donoghue drinking a bottle of ginger beer in a café in Paisley, Renfrewshire. Unknown to her or anybody else, a decomposed snail was in the bottle. She fell ill, and subsequently sued the ginger beer manufacturer, Mr Stevenson. The House of Lords held that the manufacturer owed a duty of care to her, which was breached because it was reasonably foreseeable that failure to ensure the product's safety would lead to harm to consumers. There was also a sufficiently proximate relationship between consumers and product manufacturers. Prior to ''Donoghue v Stevenson'', liability for personal injury i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort Law
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] |
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] |
Reasonable Care
In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed ''by operation of law'' between individuals who have no ''current'' direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. Deve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Landmark Cases In The Law Of Tort
''Landmark Cases in the Law of Tort'' (2010) is a book edited by Charles Mitchell and Paul Mitchell, which outlines the key cases in English tort law. Content The cases discussed are, * '' R v Pease'' (1832): Mark Wilde and Charlotte Smith * '' Buron v Denman'' (1848) Charles Mitchell and Leslie Urano * ''George v Skivington'' (1869) David Ibbetson * '' Daniel v Metropolitan Railway Company'' (1871) Michael Lobban * '' Woodley v Metropolitan District Railway Company'' (1877) Steve Banks * '' Cavalier v Pope'' (1906) Richard Baker and Jonathan Garton * ''Hedley Byrne & Co Ltd v Heller & Partners Ltd'' (1963) Paul Mitchell * '' Goldman v Hargrave'' (1967) Mark Lunney * '' Tate & Lyle Food & Distribution Ltd v Greater London Council'' (1983) J. W. Neyers * '' Smith v Littlewoods Organisation Ltd'' (1985) Elspeth Reid * ''Alcock v Chief Constable of South Yorkshire Police'' (1991) Donal Nolan * ''Hunter v Canary Wharf Ltd'' (1997) Maria Lee * ''Fairchild v Glenhaven Funeral Servi ... [...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] |
1869 In Case Law
Events January–March * January 3 – Abdur Rahman Khan is defeated at Tinah Khan, and exiled from Afghanistan. * January 5 – Scotland's oldest professional football team, Kilmarnock F.C., is founded. * January 20 – Elizabeth Cady Stanton is the first woman to testify before the United States Congress. * January 21 – The P.E.O. Sisterhood, a philanthropic educational organization for women, is founded at Iowa Wesleyan College in Mount Pleasant, Iowa. * January 27 – The Republic of Ezo is proclaimed on the northern Japanese island of Ezo (which will be renamed Hokkaidō on September 20) by remaining adherents to the Tokugawa shogunate. * February 5 – Prospectors in Moliagul, Victoria, Australia, discover the largest alluvial gold nugget ever found, known as the "Welcome Stranger". * February 20 – Ranavalona II, the Merina Queen of Madagascar, is baptized. * February 25 – The Iron and Steel Institute is formed in London. * Fe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1869 In British Law
Events January–March * January 3 – Abdur Rahman Khan is defeated at Tinah Khan, and exiled from Afghanistan. * January 5 – Scotland's oldest professional football team, Kilmarnock F.C., is founded. * January 20 – Elizabeth Cady Stanton is the first woman to testify before the United States Congress. * January 21 – The P.E.O. Sisterhood, a philanthropic educational organization for women, is founded at Iowa Wesleyan College in Mount Pleasant, Iowa. * January 27 – The Republic of Ezo is proclaimed on the northern Japanese island of Ezo (which will be renamed Hokkaidō on September 20) by remaining adherents to the Tokugawa shogunate. * February 5 – Prospectors in Moliagul, Victoria, Australia, discover the largest alluvial gold nugget ever found, known as the "Welcome Stranger". * February 20 – Ranavalona II, the Merina Queen of Madagascar, is baptized. * February 25 – The Iron and Steel Institute is formed in London. * F ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
