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Henwood V Municipal Tramways Trust
''Henwood v Municipal Tramways Trust (SA)'', was a significant Australian court case, decided in the High Court of Australia on 30 June 1938. The case was an influential decision in the law of negligence and is an authority for the proposition that the unlawful act of the deceased did not absolve the Trust from civil liability for its negligence. Brief overview Henwood, while riding the tram, was overcome by a fit of nausea and stuck his head out the window. This breached a bylaw made by the tram authority as a safety precaution, and he was struck twice by standards outside the tram. Ruling It was held that although he was breaking the law, he was still under the protection of the law, and as such the Tramways Trust was liable for negligence in allowing him to be struck. "It was there held that there is no general rule denying a person who is doing an unlawful act the protection of the general law imposing upon others duties of care for his safety." This makes more sens ... [...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] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1938 In Australian Law
Events January * January 1 ** The Constitution of Estonia#Third Constitution (de facto 1938–1940, de jure 1938–1992), new constitution of Estonia enters into force, which many consider to be the ending of the Era of Silence and the authoritarian regime. ** state-owned enterprise, State-owned railway networks are created by merger, in France (SNCF) and the Netherlands (Nederlandse Spoorwegen – NS). * January 20 – King Farouk of Egypt marries Safinaz Zulficar, who becomes Farida of Egypt, Queen Farida, in Cairo. * January 27 – The Honeymoon Bridge (Niagara Falls), Honeymoon Bridge at Niagara Falls, New York, collapses as a result of an ice jam. February * February 4 ** Adolf Hitler abolishes the War Ministry and creates the Oberkommando der Wehrmacht (High Command of the Armed Forces), giving him direct control of the German military. In addition, he dismisses political and military leaders considered unsympathetic to his philosophy or policies. Gene ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "High" (David Hallyday song), 1988 * " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Municipal Tramways Trust
The Municipal Tramways Trust (MTT) was established by the Government of South Australia in December 1906 to purchase all of the horse-drawn tramways in Adelaide, Australia. The Trust subsequently also ran petrol and diesel buses and electric trolleybuses. It ceased to exist on 8 December 1975, when its functions were transferred to the State Transport Authority, which also operated Adelaide's suburban train services. History The MTT was created in December 1906 as a tax exempt body with eight board members, mostly appointed by local councils and a small number of state government appointees. Board members were appointed for terms of six years with a provision that half the members should retire every three years.Inaugural MTT board members in 1907 were: * AB Moncrieff, Government appointee, chairman and engineer-in-chief; succeeded in 1922 by Edward Bakewell *Thomas Gill, Government appointee *J.R. Baker, Alderman of the Adelaide corporation *Theodore Bruce, Mayor of Adela ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
All England Law Reports
The All England Law Reports (abbreviated in citations to All ER) are a long-running series of law reports covering cases from the court system in England and Wales. Established in 1936, the All England Law Reports are a commercially produced alternative to the "official" reports produced by the Incorporated Council of Law Reporting (under the title The Law Reports). The reports encompass judgments with headnotes and catchwords from the House of Lords, both divisions of the Court of Appeal and all divisions of the High Court. The series contains cross-references and hypertext links to both other ''All England'' cases and legislation cited in the Report. The All England reports are published by LexisNexis Butterworths LexisNexis is a part of the RELX corporation that sells data analytics products and various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper search, and consumer informa .... A second s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joseph Finnegan (Irish Judge)
Joseph Gerald Finnegan (born 1 October 1942) is a retired Irish judge who served as a Judge of the Supreme Court from 2006 to 2012, President of the High Court from 2001 to 2006 and a Judge of the High Court from 1999 to 2006. Finnegan was technically the second highest ranking judge in Ireland while he was President of the High Court and was an ''ex officio'' member of the Supreme Court that he was subsequently appointed to as a full member. He was educated at Synge Street CBS and St. Mary's College Dundalk. He attended University College Dublin and was awarded degrees of Bachelor of Civil Law and Bachelor of Laws. He qualified as a solicitor in 1966. He was Assistant Secretary of the Incorporated Law Society of Ireland from 1968 to 1973. He was called to the Bar in 1978 and became Senior Counsel in 1990. He practised mainly in general common law and chancery matters. He had a particular interest in conveyancing and title related litigation. He was appointed to the High C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
By-law
A by-law (bye-law, by(e)law, by(e) law), or as it is most commonly known in the United States bylaws, is a set of rules or law established by an organization or community so as to regulate itself, as allowed or provided for by some higher authority. The higher authority, generally a legislature or some other government body, establishes the degree of control that the by-laws may exercise. By-laws may be established by entities such as a business corporation, a neighborhood association, or depending on the jurisdiction, a municipality. In the United Kingdom and some Commonwealth countries, the local laws established by municipalities are referred to as ''by(e)-laws'' because their scope is regulated by the central governments of those nations. Accordingly, a bylaw enforcement officer is the Canadian equivalent of the American Code Enforcement Officer or Municipal Regulations Enforcement Officer. In the United States, the federal government and most state governments have no direct ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nausea
Nausea is a diffuse sensation of unease and discomfort, sometimes perceived as an urge to vomit. While not painful, it can be a debilitating symptom if prolonged and has been described as placing discomfort on the chest, abdomen, or back of the throat. Over 30 definitions of nausea were proposed in a 2011 book on the topic. Nausea is a non-specific symptom, which means that it has many possible causes. Some common causes of nausea are gastroenteritis and other gastrointestinal disorders, food poisoning, motion sickness, dizziness, migraine, fainting, low blood sugar, anxiety, and lack of sleep. Nausea is a side effect of many medications including chemotherapy, or morning sickness in early pregnancy. Nausea may also be caused by disgust and depression. Medications taken to prevent and treat nausea and vomiting are called antiemetics. The most commonly prescribed antiemetics in the US are promethazine, metoclopramide, and the newer ondansetron. The word nausea is from Lat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tram
A tram (called a streetcar or trolley in North America) is a rail vehicle that travels on tramway tracks on public urban streets; some include segments on segregated right-of-way. The tramlines or networks operated as public transport are called tramways or simply trams/streetcars. Many recently built tramways use the contemporary term light rail. The vehicles are called streetcars or trolleys (not to be confused with trolleybus) in North America and trams or tramcars elsewhere. The first two terms are often used interchangeably in the United States, with ''trolley'' being the preferred term in the eastern US and ''streetcar'' in the western US. ''Streetcar'' or ''tramway'' are preferred in Canada. In parts of the United States, internally powered buses made to resemble a streetcar are often referred to as "trolleys". To avoid further confusion with trolley buses, the American Public Transportation Association (APTA) refers to them as "trolley-replica buses". In the Unit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Melbourne University Law Review
The ''Melbourne University Law Review'' is a triannual law journal published by a student group at Melbourne Law School covering all areas of law. It is one of two student-run law journals at the University of Melbourne, the other being the '' Melbourne Journal of International Law''. Students who have completed at least one semester of law are eligible to apply for membership of the editorial board. Applicants are assessed on the basis of their performance in a practical exercise, academic aptitude, proofreading skills, editing skills and enthusiasm. The 2022 editors-in-chief are Daniel Beratis, Danielle Feng and Deylan Kilic-Aidani. Occasionally, the journal produces a symposium issue devoted to a particular aspect of law. Past symposium issues have focused on the centenary of the federation of Australia, contemporary human rights in Australia, and tort law. The Review's alumni include two High Court Justices, three Solicitors-General, five Federal Court judges and at least six ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
