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May V Burdett
''May v. Burdett'', 9 Q.B. 101 (1846), was an English case argued decided before the Queen's Bench that ruled a plaintiff injured by a dangerous animal kept by the defendant had a prima facie case for negligence even without a showing that the defendant had been negligent in securing the animal.''Baker v. Snell'' 2 K.B. 825 (1908) Case law *''Butterfield v Forrester'' *'' Davies v Mann'' *''Paris v Stepney BC'' *''Winterbottom v Wright ''Winterbottom v Wright'' (184210 M&W 109was an important case in English common law responsible for constraining the law's 19th-century stance on negligence. Facts The plaintiff Winterbottom had been contracted by the Postmaster-General to drive ...'' References {{reflist Negligence case law English tort case law 1846 in case law 1846 in British law Court of King's Bench (England) cases ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Case
A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases there are one or more accusers and one or more defendants. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce. Civil case A civil case, more commonly known as a lawsuit or controversy, begins when a plaintiff files most a document called a complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant, and requesting a remedy. The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights. The remedy will be prescribed by the c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of King's Bench (England)
The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the '' curia regis'', the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice (now the Lord Chief Justice of England and Wales) and usually three Puisne Justices. In the 15th and 16th centuries, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equitable doctrines as one of the two principal common law courts along with the Common Pleas. To recov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prima Facie
''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' ('face'), both in the ablative case. In modern, colloquial and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. Burde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Butterfield V Forrester
''Butterfield v. Forrester'', 11 East. 60, 103 Eng. Rep. 926 (K.B. 1809), was an English case before the King's Bench that was the first appearance of contributory negligence as a common law defence against negligence. Facts Forrester (D) placed a pole against the road next to his house in the course of making repairs to the house. Butterfield (P) was riding at a high speed at approximately 8 pm at twilight and did not see the pole. He struck the pole and suffered personal injuries when he fell off his horse. A witness testified that visibility was 100 yards away at the time of the accident and Butterfield might have seen and avoided the pole had he not been riding at such a high speed. There was no evidence that Butterfield had been intoxicated at the time of the accident. At trial, the judge instructed the jury that if an individual riding with reasonable care could have avoided the pole, and if the jury found that Butterfield had not used reasonable care, the verdict should b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Davies V Mann
''Davies v. Mann'', 152 Eng. Rep. 588 (1882), was an English case that contained the first formulation of the "last clear chance" or “last opportunity rule” doctrine in negligence law. The case concerned an accident in which a donkey, belonging to the plaintiff, was killed after a wagon, driven by the defendant, collided with it. The plaintiff had left the donkey on the side of the road while it was fettered and so it was contributory negligence. The plaintiff was still allowed recovery, however. The court ruled that since the defendant had an opportunity to avoid the accident by driving with reasonable care (as opposed to driving too quickly at a "smartish pace"), it was the defendant's negligence that really caused the accident. The doctrine became known as the "last clear chance" or "last opportunity rule" doctrine: if the defendant did not take the opportunity of using reasonable care to take the last clear chance to avoid injury, the contributory negligence of the plain ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paris V Stepney BC
''Paris v Stepney Borough Council'' [1950] UKHL 3 was a decision of the House of Lords that significantly affected the concept of Standard of care in common law. The plaintiff Paris was employed by the then Metropolitan Borough of Stepney, Stepney Borough Council as a general garage-hand. He had sight in only one eye, and his employer was aware of this. The council only issued eye protection goggles to its employees who were welders or tool-grinders. In the course of his usual work, Paris received an injury to his sighted eye. He sued the council for damages in the tort of negligence. On appeal it was decided that Stepney Borough Council was aware of his special circumstances and failed in their duty of care to give him protective goggles. Facts Paris was employed by Stepney Borough Council as garage-hand. He had suffered a war injury that left him with sight in only one eye. While Paris was attempting to loosen a rusted car axle bolt with a hammer, he caused a chip of metal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Winterbottom V Wright
''Winterbottom v Wright'' (184210 M&W 109was an important case in English common law responsible for constraining the law's 19th-century stance on negligence. Facts The plaintiff Winterbottom had been contracted by the Postmaster-General to drive a mail coach supplied by the Postmaster. The defendant Wright had been contracted by the Postmaster to maintain the coach in a safe state. The coach collapsed while Winterbottom was driving, and he was injured. He claimed that Wright had "negligently conducted himself, and so utterly disregarded his aforesaid contract and so wholly and negligently failed to perform his duty in this behalf."Lunney & Oliphant (2003) pp. 91-92. In ''Winterbottom v. Wright'', the court held that the plaintiff had no redress. The principle of ''Winterbottom'' meant that consumers who were injured by defective products in the 19th century had no legal action against the defective execution of a contract to which they were not expressly privy. Judgment In 184 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence Case Law
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...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] |
