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Hughes V Lord Advocate
is an important Scottish delict case decided by the House of Lords on causation. The case is also influential in negligence in the English law of tort (even though English law does not recognise " allurement" ''per se''). The case's main significance is that, after the shift within the common law of negligence from strict liability to a reasonable standard of care, this case advocated a middle way, namely: *Even if the loss or harm is not itself foreseeable, liability may arise provided the actual loss falls with a "foreseeable class of harm". This idea was neither developed nor expanded upon, and only one year later the claimant in ''Doughty v Turner Manufacturing'' obtained no remedy ''via'' this "middle way". However, the case was followed in subsequent cases on occupiers' liability. Facts One evening in November 1958 two boys aged 8 and 10 were walking down Russell Road, Edinburgh where some Post Office workers were repairing cables under the street. The men had opened a ... [...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] |
Overseas Tankship (UK) Ltd V Morts Dock And Engineering Co Ltd
''Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd'',. commonly known as ''Wagon Mound (No. 1)'', is a landmark tort law case, which imposed a remoteness rule for causation in negligence. The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. Contributory negligence on the part of the dock owners was also relevant in the decision, and was essential to the outcome, although not central to this case's legal significance. ''The Wagon Mound (No 1)'' should not be confused with the successor case of the ''Overseas Tankship v Miller Steamship'' or "Wagon Mound (No 2)", which concerned the standard of the reasonable man in breach of the duty of care.. Facts Overseas Tankship had a ship, the ''Wagon Mound'', docked in Sydney Harbour in October 1951. The crew had carelessly allowed furnace oil (also referred to as Bunker oil) to leak from their ship. The oil drifted under a wharf thickly coating the water and the shore where ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
US Law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the presence of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jolley V Sutton London Borough Council
Jolly is a synonym for "Happy". Jolly or Jolley may also refer to: Places ;In the United States * Jolly, Georgia, an unincorporated community * Jolley, Iowa, a city * Jolly, Missouri, an unincorporated community * Jolly, Texas, a city ;Elsewhere * Jolly Creek, British Columbia, Canada * Jouli or Jolly, Uttar Pradesh, India, a village People * Jolley (surname), a list of people surnamed Jolley or Jolly * Jolly Katongole (born 1985), Ugandan boxer * Jolly Kramer-Johansen (1902–1968), Norwegian composer * nickname of Mike Carter (born 1955), American-Israeli basketball player * nickname of Jack Froggatt (1922-1993), English footballer Other uses * Jolly (record company), an Italian company founded in 1958 * ''Jolly'' (film), a 1998 Tamil film * Jolly, aka ''The Incredible Jolly'', an American rock group * The modified Fiat 600 automobile * Partenavia Jolly, an Italian two-seat training monoplane * Jolly Mill, a grist mill in Berwick Township, Missouri; on the National ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Pearce
Edward Holroyd Pearce, Baron Pearce, (9 February 1901 – 26 November 1990) was a British barrister and judge. He served as a Lord of Appeal in Ordinary from 1962 until 1969. In 1971–72, he chaired the Pearce Commission, which was charged with testing the acceptability of a proposed constitutional settlement in Rhodesia. Early life and career Edward Holroyd Pearce was born in Sidcup in Kent, the eldest child (he was followed by three sisters) of John William Ernest Pearce, headmaster of a preparatory school, and Irene Pearce, ''née'' Chaplin, daughter of daughter of Holroyd Chaplin. He was educated at Charterhouse School and Corpus Christi College, Oxford, of which he was a scholar and where he took a First in Honour Moderations in 1921 and a Third in '' literae humaniores'' in 1923. He was elected an honorary fellow of Corpus Christi in 1950. Called to the bar by Lincoln's Inn and the Middle Temple in 1925, he practiced in the King's Bench and Probate, Di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eggshell Skull
The eggshell rule (also thin skull rule, papier-mâché-plaintiff rule, or talem qualem rule) is a well-established legal doctrine in common law, used in some tort law systems, with a similar doctrine applicable to criminal law. The rule states that, in a tort case, the unexpected frailty of the injured person is not a valid defense to the seriousness of any injury caused to them. Law This rule holds that a tortfeasor is liable for all consequences resulting from their tortious (usually negligent) activities leading to an injury to another person, even if the victim suffers an unusually high level of damage (e.g. due to a pre-existing vulnerability or medical condition).. The eggshell skull rule takes into account the physical, social, and economic attributes of the plaintiff which might make them more susceptible to injury.''Nader v Urban Transit Authority of NSW'' (1985) 2 NSWLR 501, Court of Appeal (NSW, Australia) per McHugh JALawCite records. It may also take into acco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Donoghue V
Donoghue may refer to: Law * Donoghue v Stevenson, 1932 * Donoghue v Folkestone Properties Ltd, 2003 * Donoghue v Allied, 1938 People * Denis Donoghue (academic) (1928–2021), Irish literary critic * Denis Donoghue (rugby league) * Eileen Donoghue (born 1954), attorney * Emma Donoghue, Irish-born playwright, literary historian and novelist * Francis E. Donoghue (1872–1952), politician * Joe Donoghue (1871–1921), speed skater * John Donoghue (writer) (born 1964), British humourist and travel writer * John Francis Donoghue * John P. Donoghue (born 1957), American politician * John Talbott Donoghue (1853–1903), American artist * Lee Donoghue (born 1983), New Zealand actor * Liam Donoghue (born 1974), Irish sportsperson * Patrick Donoghue, footballer * Philip Donoghue (born 1971), British palaeontologist * Raymond Tasman Donoghue (1920–1960), Australian tram driver * Richard Donoghue, American attorney and prosecutor, former United States deputy attorney general (2020– ... [...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] |
Contributory Negligence
In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own negligence. Because the contributory negligence doctrine can lead to harsh results, many common law jurisdictions have abolished it in favor of a "comparative fault" or "comparative negligence" approach. A comparative negligence approach reduces the plaintiff's damages award by the percentage of fault that the fact-finder assigns to the plaintiff for his or her own injury. For example, if a jury thinks that the plaintiff is 30% at fault for his own injury, the plaintiff's damages award will be reduced by 30%. History The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century. The English case Butterfield v. Forrester is generally recognized as the first appearance, although in this case the jud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trespassers
In the law of tort, property, and criminal law a trespasser is a person who commits the act of trespassing on a property, that is, without the permission of the owner. Being present on land as a trespasser thereto creates liability in the trespasser, so long as the trespass is intentional. At the same time, the status of a visitor as a trespasser (as opposed to an invitee or a licensee) defines the legal rights of the visitor if they are injured due to the negligence of the property owner. Trespassing as a tort The tort of trespass to land requires an intentional physical invasion of the plaintiff's real property by the defendant or a refusal to leave when ordered to leave. Intent required For example, a person walking in a public park who trips and rolls down a hill will not be liable for trespass just because the bottom of the hill is on private land. Physical invasion The trespasser need not enter the land in person. Indeed, if A and B are standing next to C's la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First Division Of The Court Of Session
The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is the Lord President, with their deputy being the Lord Justice Clerk, and judges of the Inner House are styled ''Senators of the College of Justice'' or '' Lords of Council and Session''.Information on composition: Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal. The Inner House is the part of the Court of Session which acts as a court of appeal for cases from the Outer House and from appeals in civil cases from the Court of the Lord Lyon, Scottish Land Court, and the Lands Tribunal for Scotland. It will hear appeals on questions of law from the Sheriff Appeal Court. It will also sit as a court of first instance in rare instances. The Inner House is always a panel of at least three sena ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Post Office
A post office is a public facility and a retailer that provides mail services, such as accepting letters and parcels, providing post office boxes, and selling postage stamps, packaging, and stationery. Post offices may offer additional services, which vary by country. These include providing and accepting government forms (such as passport applications), and processing government services and fees (such as road tax, postal savings, or bank fees). The chief administrator of a post office is called a postmaster. Before the advent of postal codes and the post office, postal systems would route items to a specific post office for receipt or delivery. During the 19th century in the United States, this often led to smaller communities being renamed after their post offices, particularly after the Post Office Department began to require that post office names not be duplicated within a state. Name The term "post-office" has been in use since the 1650s, shortly after the legali ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
