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Lister V Hesley Hall Ltd
''Lister v Hesley Hall Ltd'' 001UKHL 22is an English tort law case, creating a new precedent for finding where an employer is vicarious liability, vicariously liable for the torts of their employees. Prior to this decision, it had been found that sexual abuse by employees of others could not be seen as in the course of their employment, precluding recovery from the employer. The majority of the House of Lords however overruled the Court of Appeal, and these earlier decisions, establishing that the "relative closeness" connecting the tort and the nature of an individual's employment established liability. Facts A boarding house (Axeholme House) for Wilsic Hall School, in Doncaster was opened in 1979; the principal students to live there having behavioural and emotional difficulties. The claimants in the instant case had resided there between the years 1979 to 1982, being aged 12 to 15 during this time, under the care of a warden, who was in charge of maintaining discipline and the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Clyde, Baron Clyde
James John Clyde, Baron Clyde, PC (29 January 1932 – 6 March 2009) was a Scottish judge. Biography James John Clyde was born in Edinburgh on 29 January 1932 the only son and youngest child of Margaret Letitia (1901–1974), (daughter of Arthur Edmund DuBuisson), and James Latham McDiarmid Clyde, (later Lord Clyde (1898–1975). . He is grandson of James Avon Clyde, Lord Clyde. He was attended Edinburgh Academy. In 1954 he graduated with a BA Literae Humaniores from Corpus Christi College, Oxford, and from the University of Edinburgh, graduating with a Bachelor of Laws in 1959. Clyde served in the Intelligence Corps from 1954 to 1956, and was admitted to the Faculty of Advocates in 1959. In 1971, he became a Queen's Counsel (Scotland) and was advocate-depute from 1973 to 1974. In 1972, he was made Chancellor to the Bishop of Argyll, and in 1979 Judge of the Courts of Appeal of Jersey and Guernsey, holding both posts until 1985. Between 1985 and 1996, Clyde was Senator of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Vicarious Liability 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 * En ... [...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] |
Oxford University Press
Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books by decree in 1586, it is the second oldest university press after Cambridge University Press. It is a department of the University of Oxford and is governed by a group of 15 academics known as the Delegates of the Press, who are appointed by the vice-chancellor of the University of Oxford. The Delegates of the Press are led by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative on other university bodies. Oxford University Press has had a similar governance structure since the 17th century. The press is located on Walton Street, Oxford, opposite Somerville College, in the inner suburb of Jericho. For the last 500 years, OUP has primarily focused on the publication of pedagogical texts and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vicarious Liability In English Law
Vicarious liability in English law is a doctrine of English tort law that imposes strict liability on employers for the wrongdoings of their employees. Generally, an employer will be held liable for any tort committed while an employee is conducting their duties.Markesinis, Johnston, Deakin, p. 665 This liability has expanded in recent years following the decision in ''Lister v Hesley Hall Ltd'' to better cover intentional torts, such as sexual assault and deceit. Historically, it was held that most intentional wrongdoings were not in the course of ordinary employment, but recent case law suggests that where an action is closely connected with an employee's duties, an employer can be found vicariously liable. The leading case is now the Supreme Court decision in '' Catholic Child Welfare Society v Institute of the Brothers of the Christian Schools'', which emphasised the concept of "enterprise risk". Justification for such wide recovery has been made in several areas. The first is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Night Club
A nightclub (music club, discothèque, disco club, or simply club) is an entertainment venue during nighttime comprising a dance floor, lightshow, and a stage for live music or a disc jockey (DJ) who plays recorded music. Nightclubs generally restrict access to people in terms of age, attire, personal belongings, and inappropriate behaviors. Nightclubs typically have dress codes to prohibit people wearing informal, indecent, offensive, or gang-related attire from entering. Unlike other entertainment venues, nightclubs are more likely to use bouncers to screen prospective patrons for entry. The busiest nights for a nightclub are Friday and Saturday nights. Most nightclubs cater to a particular music genre or sound for branding effects. Some nightclubs may offer food and beverages (including alcoholic beverages). History Early history In the United States, New York increasingly became the national capital for tourism and entertainment. Grand hotels were built for upscal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bouncer (doorman)
A bouncer (also known as a doorman or door supervisor) is a type of security guard, employed at venues such as bars, nightclubs, cabaret clubs, stripclubs, casinos, hotels, billiard halls, restaurants, sporting events, schools, concerts, or movie theaters. A bouncer's duties are to provide security, to check legal age and drinking age, to refuse entry for intoxicated persons, and to deal with aggressive behavior or non-compliance with statutory or establishment rules. They are civilians and they are often hired directly by the venue, rather than by a security firm. Bouncers are often required where crowd size, clientele or alcohol consumption may make arguments or fights a possibility, or where the threat or presence of criminal gang activity or violence is high. At some clubs, bouncers are also responsible for "face control", choosing who is allowed to patronize the establishment. In the United States, civil liability and court costs related to the use of force by bouncer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mattis V Pollock
''Mattis v Pollock'' 0031 WLR 2158 is an English tort law case, establishing an employer's vicarious liability for assault, even where it may be intentional or pre-meditated. Previously, judges had been unwilling to impose liability where assaults were motivated by revenge or vengeance; it was established however that following the decision of ''Lister v Hesley Hall Ltd'', that where an assault is closely linked to the duties of an employee, the employer should be held vicariously liable.0031 WLR 2158, at 19 Facts Mr Cranston, an employee of Flamingos night club, in London, was employed as a bouncer to keep order at the club's doors, and to break up scuffles and fights. On 18 July 1998, an incident occurred involving a customer, Mr Fitzgerald, and Mr Cranston, who threw a friend of his across a room. It was submitted that Mr Pollock had given Mr Cranston instructions to "impress upon Mr Fitzgerald that Mr Cranston was prepared to use physical force to ensure compliance with any ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, ''theft'' is considered to be synonymous with ''larceny'', while in others, ''theft'' is defined more narrowly. Someone who carries out an act of theft may be described as a "thief" ( : thieves). ''Theft'' is the name of a statutory offence in California, Canada, England and Wales, Hong Kong, Northern Ireland, the Republic of Ireland, and the Australian states of South Australia Theft (and receiving). and Victoria. Theft. Elements The '' actus reus'' of theft is usually defined as an unauthorized taking, keeping, or using of another's property which must be accompanied by a '' mens rea'' of dish ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deceit
Deception or falsehood is an act or statement that misleads, hides the truth, or promotes a belief, concept, or idea that is not true. It is often done for personal gain or advantage. Deception can involve dissimulation, propaganda and sleight of hand as well as distraction, camouflage or concealment. There is also self-deception, as in bad faith. It can also be called, with varying subjective implications, beguilement, deceit, bluff, mystification, ruse, or subterfuge. Deception is a major relational transgression that often leads to feelings of betrayal and distrust between relational partners. Deception violates relational rules and is considered to be a negative violation of expectations. Most people expect friends, relational partners, and even strangers to be truthful most of the time. If people expected most conversations to be untruthful, talking and communicating with others would require distraction and misdirection to acquire reliable information. A significant amount ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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