Lynch V. Nurdin
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Lynch V. Nurdin
Lynch v Nurdin 1 QB 29, (1841) Arn and H 158, (1841) 113 ER 1041 was the first case law to define the attractive nuisance doctrine and was cited by later sources in the United States and the Commonwealth of Nations in developing the doctrine. Lord Chief Justice Thomas Denman wrote the opinion, which held that the owner of a cart A cart or dray (Australia and New Zealand) is a vehicle designed for transport, using two wheels and normally pulled by one or a pair of draught animals. A handcart is pulled or pushed by one or more people. It is different from the flatbed tr ... left unattended on the street could be held liable for injuries to a child who climbed onto the cart and fell. The seven-year-old child was "acting under natural impulse, in obedience to his instinctive nature, ndwas enticed to meddle with the attractive cart, and that the danger of the situation was created by the defendant in failing to observe the tendency of children to play about unprotected vehicles. ...
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Australian Cart
Australian(s) may refer to: Australia * Australia, a country * Australians, citizens of the Commonwealth of Australia ** European Australians ** Anglo-Celtic Australians, Australians descended principally from British colonists ** Aboriginal Australians, indigenous peoples of Australia as identified and defined within Australian law * Australia (continent) ** Indigenous Australians * Australian English, the dialect of the English language spoken in Australia * Australian Aboriginal languages * ''The Australian ''The Australian'', with its Saturday edition, ''The Weekend Australian'', is a broadsheet newspaper published by News Corp Australia since 14 July 1964.Bruns, Axel. "3.1. The active audience: Transforming journalism from gatekeeping to gatew ...'', a newspaper * Australiana, things of Australian origins Other uses * Australian (horse), a racehorse * Australian, British Columbia, an unincorporated community in Canada See also * The Australian (disambiguation ...
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Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ...
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Attractive Nuisance Doctrine
The attractive nuisance doctrine applies to the law of torts in some jurisdictions. It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children. The doctrine is designed to protect children who are unable to appreciate the risk posed by the object, by imposing a liability on the landowner. The doctrine has been applied to hold landowners liable for injuries caused by abandoned cars, piles of lumber or sand, trampolines, and swimming pools. However, it can be applied to virtually anything on the property. There is no set cutoff point that defines youth. The courts will evaluate each "child" on a case-by-case basis to see if the "child" qualifies as a youth. If it is determined that the child was able to understand and appreciate the hazard, the doctrine of attractive nuisance will not likely apply. Under the old common law, the plaintiff (either the child, o ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Commonwealth Of Nations
The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the Commonwealth Secretariat, which focuses on intergovernmental aspects, and the Commonwealth Foundation, which focuses on non-governmental relations amongst member states. Numerous organisations are associated with and operate within the Commonwealth. The Commonwealth dates back to the first half of the 20th century with the decolonisation of the British Empire through increased self-governance of its territories. It was originally created as the British Commonwealth of Nations through the Balfour Declaration at the 1926 Imperial Conference, and formalised by the United Kingdom through the Statute of Westminster in 1931. The current Commonwealth of Nations was formally constituted by the London Declaration in 1949, which modernised the comm ...
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Lord Chief Justice Of England And Wales
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are entitled to courtesy titles. The collective "Lords" can refer to a group or body of peers. Etymology According to the Oxford Dictionary of English, the etymology of the word can be traced back to the Old English word ''hlāford'' which originated from ''hlāfweard'' meaning "loaf-ward" or "bread-keeper", reflecting the Germanic tribal custom of a chieftain providing food for his followers. The appellation "lord" is primarily applied to men, while for women the appellation "lady" is used. This is no longer universal: the Lord of Mann, a title previously held by the Queen of the United Kingdom, and female Lords Mayor are examples of women who are styled as "Lord". Historical usage Feudalism Under the feudal system, "lord" had a wid ...
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Thomas Denman, 1st Baron Denman
Thomas Denman, 1st Baron Denman, (23 July 177926 September 1854) was an English lawyer, judge and politician. He served as Lord Chief Justice between 1832 and 1850. Background and education Denman was born in London, the son of Dr Thomas Denman. In his fourth year, he attended Palgrave Academy in Suffolk, where his education was supervised by Anna Laetitia Barbauld and her husband. He continued to Eton and St John's College, Cambridge, where he graduated in 1800. In 1806 he was called to the bar at Lincoln's Inn, and at once entered upon practice. Legal and judicial career His success was rapid, and in a few years he attained a position at the bar second only to that of Henry Brougham and James Scarlett. He distinguished himself by his defence of the Luddites; but his most brilliant appearance was as one of the counsel for Queen Caroline. His speech before the House of Lords was very powerful, and some competent judges even considered it not inferior to Brougham's. It con ...
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Cart
A cart or dray (Australia and New Zealand) is a vehicle designed for transport, using two wheels and normally pulled by one or a pair of draught animals. A handcart is pulled or pushed by one or more people. It is different from the flatbed trolley also known as a dray, (for freight) or wagon, which is a heavy transport vehicle with four wheels and typically two or more humans. Over time, the term "cart" has come to mean nearly any small conveyance, including shopping carts, golf carts, gokarts, and UTVs, without regard to number of wheels, load carried, or means of propulsion. The draught animals used for carts may be horses, donkeys or mules, oxen, and even smaller animals such as goats or large dogs. History Carts have been mentioned in literature as far back as the second millennium B.C. Handcarts pushed by humans have been used around the world. In the 19th century, for instance, some Mormons traveling across the plains of the United States between 1856 and 1860 use ...
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1841 In Case Law
Events January–March * January 20 – Charles Elliot of the United Kingdom, and Qishan of the Qing dynasty, agree to the Convention of Chuenpi. * January 26 – Britain occupies Hong Kong. Later in the year, the first census of the island records a population of about 7,500. * January 27 – The active volcano Mount Erebus in Antarctica is discovered, and named by James Clark Ross. * January 28 – Ross discovers the "Victoria Barrier", later known as the Ross Ice Shelf. On the same voyage, he discovers the Ross Sea, Victoria Land and Mount Terror. * January 30 – A fire ruins and destroys two-thirds of the villa (modern-day city) of Mayagüez, Puerto Rico. * February 4 – First known reference to Groundhog Day in North America, in the diary of a James Morris. * February 10 – The Act of Union (''British North America Act'', 1840) is proclaimed in Canada. * February 11 – The two colonies of the Canadas are merged, into the United Province of Canada. * February 1 ...
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1841 In British Law
Events January–March * January 20 – Charles Elliot of the United Kingdom, and Qishan of the Qing dynasty, agree to the Convention of Chuenpi. * January 26 – Britain occupies Hong Kong. Later in the year, the first census of the island records a population of about 7,500. * January 27 – The active volcano Mount Erebus in Antarctica is discovered, and named by James Clark Ross. * January 28 – Ross discovers the "Victoria Barrier", later known as the Ross Ice Shelf. On the same voyage, he discovers the Ross Sea, Victoria Land and Mount Terror. * January 30 – A fire ruins and destroys two-thirds of the villa (modern-day city) of Mayagüez, Puerto Rico. * February 4 – First known reference to Groundhog Day in North America, in the diary of a James Morris. * February 10 – The Act of Union (''British North America Act'', 1840) is proclaimed in Canada. * February 11 – The two colonies of the Canadas are merged, into the United Province of Canada. * February 1 ...
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1841 In England
Events January–March * January 20 – Charles Elliot of the United Kingdom, and Qishan of the Qing dynasty, agree to the Convention of Chuenpi. * January 26 – Britain occupies Hong Kong. Later in the year, the first census of the island records a population of about 7,500. * January 27 – The active volcano Mount Erebus in Antarctica is discovered, and named by James Clark Ross. * January 28 – Ross discovers the "Victoria Barrier", later known as the Ross Ice Shelf. On the same voyage, he discovers the Ross Sea, Victoria Land and Mount Terror. * January 30 – A fire ruins and destroys two-thirds of the villa (modern-day city) of Mayagüez, Puerto Rico. * February 4 – First known reference to Groundhog Day in North America, in the diary of a James Morris. * February 10 – The Act of Union (''British North America Act'', 1840) is proclaimed in Canada. * February 11 – The two colonies of the Canadas are merged, into the United Province of Canada. * Februa ...
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English Nuisance Cases
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 * Englis ...
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