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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] |
