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Loss Of Chance In English Law
Loss of chance in English law refers to a particular problem of causation, which arises in tort and contract. The law is invited to assess hypothetical outcomes, either affecting the claimant or a third party, where the defendant's breach of contract or of the duty of care for the purposes of negligence deprived the claimant of the opportunity to obtain a benefit and/or avoid a loss. For these purposes, the remedy of damages is normally intended to compensate for the claimant's loss of expectation (alternative rationales include restitution and reliance). The general rule is that while a loss of chance is compensable when the chance was something promised on a contract it is not generally so in the law of tort, where most cases thus far have been concerned with medical negligence in the public health system. Contract Remedies In contract cases, the court is usually interested in securing the performance of what was agreed. Where one party is about to or has suffered loss as a resu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Allied Maples Group Ltd V
An alliance is a relationship among people, groups, or states that have joined together for mutual benefit or to achieve some common purpose, whether or not explicit agreement has been worked out among them. Members of an alliance are called allies. Alliances form in many settings, including political alliances, military alliances, and business alliances. When the term is used in the context of war or armed struggle, such associations may also be called allied powers, especially when discussing World War I or World War II. A formal military alliance is not required for being perceived as an ally—co-belligerence, fighting alongside someone, is enough. According to this usage, allies become so not when concluding an alliance treaty but when struck by war. When spelled with a capital "A", "Allies" usually denotes the countries who fought together against the Central Powers in World War I (the Allies of World War I), or those who fought against the Axis Powe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coudert Brothers
Coudert Brothers LLP was a New York-based law firm with a strong international outlook that practiced from 1853 until its dissolution in 2006. History The firm was established in 1853 in New York by three sons of Charles Coudert Sr.: Frederic René Coudert Sr., Charles Coudert Jr., and Louis Leonce Coudert, which specialized in international law. The firm represented private investors seeking to acquire rights to build the Panama Canal; French automotive and tire manufacturers opening plants in the U.S.; the governments of Russia, France, and Great Britain in the buildup to World War I; and Ford Motor Company and a group of foreign car manufacturers in the successful appeal of the Selden Patent Case, ending the attempted monopolization of the automotive industry. The firm prospered under three generations of family control, expanding from its start in New York City to 28 offices worldwide, including Paris, London, Moscow, Sydney, Tokyo, Los Angeles, and Shanghai. Coudert partne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kitchen V
A kitchen is a room or part of a room used for cooking and food preparation in a dwelling or in a commercial establishment. A modern middle-class residential kitchen is typically equipped with a stove, a sink with hot and cold running water, a refrigerator, and worktops and kitchen cabinets arranged according to a modular design. Many households have a microwave oven, a dishwasher, and other electric appliances. The main functions of a kitchen are to store, prepare and cook food (and to complete related tasks such as dishwashing). The room or area may also be used for dining (or small meals such as breakfast), entertaining and laundry. The design and construction of kitchens is a huge market all over the world. Commercial kitchens are found in restaurants, cafeterias, hotels, hospitals, educational and workplace facilities, army barracks, and similar establishments. These kitchens are generally larger and equipped with bigger and more heavy-duty equipment than a resident ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harper V
Harper may refer to: Names * Harper (name), a surname and given name Places ;in Canada * Harper Islands, Nunavut *Harper, Prince Edward Island ;In the United States *Harper, former name of Costa Mesa, California in Orange County *Harper, Illinois * Harper, Indiana *Harper, Iowa *Harper, Kansas * Harper, Kentucky *Harper, Missouri *Harper, Logan County, Ohio *Harper, Ross County, Ohio *Harper, Oregon *Harper, Texas *Harper, Utah *Harper, Washington * Harper, Wyoming ;Elsewhere *Harper, Liberia * Harper River in Canterbury, New Zealand *Harper Adams University, Shropshire, United Kingdom. Court cases * ''Harper'' ''v''. ''Virginia Board of Elections'', 383 U.S. 663 (1966), overruling ''Breedlove'' ''v''. ''Suttles'', 302 U.S. 277 (1937) Other uses * Harper, a harp player * ''Harper'' (film), a 1966 film starring Paul Newman and Lauren Bacall * Harper (publisher), an American publishing house, the imprint of global publisher HarperCollins *Harper College, a community college ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Dismissal
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation. Situation per country Australia (See: '' unfair dismissal in Australia'') Australia has long-standing protection for employees in relation to dismissal. Most of that protection was however confined in one of two ways. An employer could not dismiss an employee for a prohibited reason, most typically membership of a union.Such a''Commonwealth Conciliation and Arbitration Act'' 1904 (Cth)s9(1). An individual however could not challenge their own dismissal as being unfair and instead had to rely upon a union challenging the fairness of the dismissal. This remedy however was generally only available in the state tribunals. A similar definition existed at the Commonwealth level, however it was considerably limited by the requirement under the Constitution to establish an inter-state dispute. The ability for an individual to seek relief from unfai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Johnson (A
Johnson is a surname of Anglo-Norman origin meaning "Son of John". It is the second most common in the United States and 154th most common in the world. As a common family name in Scotland, Johnson is occasionally a variation of ''Johnston'', a habitational name. Etymology The name itself is a patronym of the given name ''John'', literally meaning "son of John". The name ''John'' derives from Latin ''Johannes'', which is derived through Greek ''Iōannēs'' from Hebrew ''Yohanan'', meaning "Yahweh has favoured". Origin The name has been extremely popular in Europe since the Christian era as a result of it being given to St John the Baptist, St John the Evangelist and nearly one thousand other Christian saints. Other Germanic languages * Swedish: Johnsson, Jonsson * Icelandic: Jónsson See also * List of people with surname Johnson *Gjoni (Gjonaj) *Ioannou * Jensen *Johansson * Johns *Johnsson * Johnston *Johnstone *Jones *Jonson *Jonsson *Jovanović Jovanović ( sr-Cyrl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Advisory, Conciliation And Arbitration Service
The Advisory, Conciliation and Arbitration Service (Acas) is a Crown non-departmental public body of the Government of the United Kingdom. Its purpose is to improve organisations and working life through the promotion and facilitation of strong industrial relations practice. Acas provides employment law and employment relations advice for employers and employees through its website and helpline. It also offers dispute resolution services such as arbitration or mediation, although the service is perhaps best known for its collective conciliation function – that is resolving disputes between groups of employees or workers, often represented by a trade union, and their employers. Acas is an independent and impartial organisation that does not side with a particular party, but rather will help the parties to reach suitable resolutions in a dispute. Today, the employment world has mostly moved away from large-scale industrial disputes that characterised the late 1970s to the mi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bank Of Credit And Commerce International SA V Ali
''Bank of Credit and Commerce International SA v Ali'' 001UKHL 8is an English contract law case in the House of Lords on the limits of freedom of contract, and the ''contra proferentem'' principle. Facts Mr Naaem, an employee of Bank of Credit and Commerce International, BCCI SA, claimed damages for economic loss after not having been able to find a job following his redundancy in 1990. BCCI, once the world’s 7th largest bank, had gone insolvent after mass fraud because of the stigma. However, Naaem and other employees had signed a release form saying the redundancy pay was ‘in full and final settlement of any claims... of whatsoever nature that exist or may exist’. BCCI argued Naaem was bound. Judgment The House of Lords by a majority held that because the exposure of fraud would not have been contemplated when Mr Naeem signed, the release did not actually, despite the words, excluded a stigma damages claim. See also *English contract law English contract law is t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gregg V Scott
''Gregg v Scott'' 005UKHL 2is an English tort law case, on the issue of loss of a chance, in causation. It affirms the principle of ''Hotson v East Berkshire Area Health Authority'', on a narrow margin of 3 to 2. Lord Nicholls' dissent is of particular note, in arguing that loss of a chance should be actionable. Facts The defendant, Dr Scott, negligently misdiagnosed the plaintiff's malignant cancer, (non-Hodgkin Lymphoma) stating it to be a benign collection of fatty tissue and thus no further treatment was needed. This had the effect of delaying Mr Gregg's treatment by nine months, reducing his chances of surviving ten years from 42% to 25%. Under the earlier decision of ''Hotson v East Berkshire Area Health Authority'', the view taken at first instance, and by the Court of Appeal, the claimant could not establish the defendant had prevented him being cured, as his original chance of a cure was below 50%. The plaintiff argued that he was entitled to recover for the loss of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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