|
Grant V Australian Knitting Mills
''Grant v Australian Knitting Mills'',; . is a landmark case in consumer and negligence law from 1935, holding that where a manufacturer knows that a consumer may be injured if the manufacturer does not take reasonable care, the manufacturer owes a duty to the consumer to take that reasonable care. It continues to be cited as an authority in legal cases, and used as an example for students studying law. Background In the 19th century, an action for negligence was only available if there was a particular relationship between the injured person and the person said to be negligent. The most common founding of the relationship was that of contract, but only where both people were party to the same contract, referred to as privity of contract. (2015) 41 Monash University Law Review 716. Thus in '' Winterbottom v Wright'', Winterbottom had a contract with the Postmaster-General to drive a mail coach, while Wright had a contract with the Postmaster-General to maintain the mail coach ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privity Of Contract
The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon any person who is not a party to the contract. The premise is that only parties to contracts should be able to sue to enforce their rights or claim damages as such. However, the doctrine has proven problematic because of its implications for contracts made for the benefit of third parties who are unable to enforce the obligations of the contracting parties. In England and Wales, the doctrine has been substantially weakened by the Contracts (Rights of Third Parties) Act 1999, which created a statutory exception to privity (enforceable third party rights). Third party rights Privity of contract occurs only between the parties to the contract, most commonly contract of sale of goods or services. Horizontal privity arises when the benefits from a contract are to be given to a third party. Vertical privity involves a contract between two parties, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Calamine
Calamine, also known as calamine lotion, is a medication used to treat mild itchiness. This includes from sunburn, insect bites, poison ivy, poison oak, and other mild skin conditions. It may also help dry out skin irritation. It is applied on the skin as a cream or lotion. Side effects may include skin irritation. It is considered to be safe in pregnancy. Calamine is a combination of zinc oxide and 0.5% ferric oxide (Fe2O3). The lotion is produced with additional ingredients such as phenol and calcium hydroxide. The use of calamine lotion dates back as far as 1500 BC. It is on the World Health Organization's List of Essential Medicines. Calamine is available over-the-counter as a generic medication. Medical uses Calamine is used to treat itchiness. This includes sunburn, insect bite, or other mild skin conditions. Effectiveness The FDA recommends applying some topical over-the-counter skin products, such as calamine, to absorb the weeping of the skin caused by poi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Martin & Co
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died c. AD 30), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (lived c. AD 30), one of the twelve apostles of Jesus * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * Pope John ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of 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] |
Lord Atkin
James Richard Atkin, Baron Atkin, (28 November 1867 – 25 June 1944), commonly known as Dick Atkin, was an Australian-born British judge, who served as a lord of appeal in ordinary from 1928 until his death in 1944. He is especially remembered as the judge giving the leading judgement in the case of Donoghue v Stevenson in 1932, in which he established the modern law of negligence in the UK, and indirectly in most of the common law world. Early life and practice Atkin was the son of Robert Travers Atkin (1841–1872) and his wife, Mary Elizabeth ''née'' Ruck (1842–1920). Robert was from Kilgarriff, County Cork, Mary's father from Newington, Kent, and her mother from Merioneth, Wales. The couple married in 1864 and soon emigrated to Australia intending to take up sheep farming. However, little more than a year into their enterprise Robert was badly injured in a fall from a horse and the couple moved to Brisbane where Robert became a journalist and politician. He always t ... [...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] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
Langridge V Levy
Langridge is a surname. Notable people with the surname include: * Albert Kent Langridge, known as A. K. Langridge (late 19th – early 20th centuries), English author, wrote about missions to South Seas islands * Chris Langridge (born 1985), English badminton player * George Langridge (1829–1891), politician in Victoria, Australia * James Langridge (1906–1966), English cricketer * John Langridge (1910–1999), English cricketer * Matt Langridge (born 1983), English oarsman * Philip Langridge (1939–2010), English operatic tenor * Richard Langridge (1939–2005), English cricketer * Roger Langridge (born 1967), New Zealand-born comics writer and artist * Stuart Langridge (born 1976), English software designer * Ted Langridge (born 1936), Australian rules footballer See also * Charlcombe, a civil parish in Somerset including the village of Landgridge * Langridge, a ward of the City of Yarra, Victoria, Australia * Langrage, a type of Naval artillery in the Age of Sail Nav ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Reports
The English Reports is a collection of judgments of the higher English courts between 1220 and 1866. Overview The reports are a selection of most nominate reports of judgments of the higher English courts between 1220 and 1866.Glanville Williams, Learning the Law, 11th Edition, 1982, Stevens, p.34; 13th Edition, 2006, Sweet and Maxwell, p.36 They reproduce many reports not from their original editions but from dependable, although not always verbatim, later editions and give a nominate report citation. It was published in 178 volumes gradually from 1900 to 1932 by Stevens & Sons in London and by William Green & Sons in Edinburgh. Citation of these reports For citation in most Commonwealth countries it is cited in written form as ''E.R.'', as in ''Planché'' v. ''Colburn'' (1831) 131 E.R. 305. Sometimes the original nominate report citation is also used in parallel. The compendium is sometimes cited in U.S. courts, where it is normally cited by using the original nominate repor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
