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MacPherson V. Buick Motor Co.
''MacPherson v. Buick Motor Co.''is a famous New York Court of Appeals opinion by Judge Benjamin N. Cardozo that removed the requirement of privity of contract for duty in negligence actions. Facts The plaintiff, Donald C. MacPherson, a stonecutter, was injured when one of the wooden wheels of his 1909 Buick Runabout collapsed.
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Winterbottom V
Winterbottom is a surname. Notable people with the surname include: * Harold Edward Winterbottom (1879–1953), South Australian businessman * Ian Winterbottom, Baron Winterbottom (1913–1992), British politician * Kevin Winterbottom (1955–1976), South African Air Force pilot * Mark Winterbottom (born 1981), racing driver * Michael Winterbottom (academic) (born 1934), English classical scholar * Michael Winterbottom (born 1961), British filmmaker * Oliver Winterbottom, automotive designer * Peter Winterbottom (born 1960), rugby union footballer * Richard Winterbottom (1899–1968), British politician * Thomas Masterman Winterbottom (1766–1859), English physician * Walter Winterbottom (1913–2002), British football manager In fiction * Bonnie Winterbottom, a character on the television series ''How to Get Away with Murder'' * Hartley Winterbottom, a character on the television series ''Chuck'' * P.B. Winterbottom, the title character in the computer game '' The Misadven ...
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New York (state) State Case Law
New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * ''New York'' (1916 film), a lost American silent comedy drama by George Fitzmaurice * ''New York'' (1927 film), an American silent drama by Luther Reed * ''New York'' (2009 film), a Bollywood film by Kabir Khan * '' New York: A Documentary Film'', a film by Ric Burns * "New York" (''Glee''), an episode of ''Glee'' Literature * ''New York'' (Burgess book), a 1976 work of travel and observation by Anthony Burgess * ''New York'' (Morand book), a 1930 travel book by Paul Morand * ''New York'' (novel), a 2009 historical novel by Edward Rutherfurd * ''New York'' (magazine), a bi-weekly magazine founded in 1968 Music * ''New York EP'', a 2012 EP by Angel Haze ** "New York" (Angel Haze song) * ''New York'' (album), a 1989 album by Lou Reed ...
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Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for Impeachment in the United Kingdom, impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment b ...
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James Atkin, Baron Atkin
James Richard Atkin, Baron Atkin, (28 November 1867 – 25 June 1944), commonly known as Dick Atkin, was an Australian-born British judge, who served as a lord of appeal in ordinary from 1928 until his death in 1944. He is especially remembered as the judge giving the leading judgement in the case of Donoghue v Stevenson in 1932, in which he established the modern law of negligence in the UK, and indirectly in most of the common law world. Early life and practice Atkin was the son of Robert Travers Atkin (1841–1872) and his wife, Mary Elizabeth ''née'' Ruck (1842–1920). Robert was from Kilgarriff, County Cork, Mary's father from Newington, Kent, and her mother from Merioneth, Wales. The couple married in 1864 and soon emigrated to Australia intending to take up sheep farming. However, little more than a year into their enterprise Robert was badly injured in a fall from a horse and the couple moved to Brisbane where Robert became a journalist and politician. He always ...
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Donoghue V Stevenson
was a landmark court decision in Scots delict law and English tort law by the House of Lords. It laid the foundation of the modern law of negligence in Common law jurisdictions worldwide, as well as in Scotland, establishing general principles of the duty of care. Also known as the "Paisley Snail" or "Snail in the Bottle" case, the case involved Mrs May Donoghue drinking a bottle of ginger beer in a café in Paisley, Renfrewshire. Unknown to her or anybody else, a decomposed snail was in the bottle. She fell ill, and subsequently sued the ginger beer manufacturer, Mr Stevenson. The House of Lords held that the manufacturer owed a duty of care to her, which was breached because it was reasonably foreseeable that failure to ensure the product's safety would lead to harm to consumers. There was also a sufficiently proximate relationship between consumers and product manufacturers. Prior to ''Donoghue v Stevenson'', liability for personal injury in tort usually depended upon sho ...
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The Costs Of Accidents
''The Costs of Accidents: A Legal and Economic Analysis'' by Guido Calabresi is a work in the law and economics tradition because it provides an economic efficiency analysis of the rules of tort law. The text was initially published in 1970 by Yale University Press Yale University Press is the university press of Yale University. It was founded in 1908 by George Parmly Day, and became an official department of Yale University in 1961, but it remains financially and operationally autonomous. , Yale Universi .... Overview The central aim of tort law is not the absolute minimization of losses from individual accidents because the total accident cost of any economically fruitful activity/industry includes both the expected cost of the accidents that happen to occur and the actual costs expended in avoiding the accidents. For expenditures to prevent accidents, there must be associated levels of expected accidents and expected losses. Unfortunately, there is a serious underregist ...
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Guido Calabresi
Guido Calabresi (born October 18, 1932) is an Italian-born American legal scholar and Senior United States circuit judge of the United States Court of Appeals for the Second Circuit. He is a former Dean of Yale Law School, where he has been a professor since 1959. Calabresi is considered, along with Ronald Coase and Richard Posner, a founder of the field of law and economics. Early life and education Calabresi is the son of the late cardiologist Massimo Calabresi and European literature scholar Bianca Maria Finzi-Contini Calabresi (1902–1982). Calabresi's parents, active in the resistance against Italian fascism, eventually fled Milan for New Haven, Connecticut, immigrating to the United States in September 1939. The family became naturalized American citizens in 1948. Guido's older brother Paul Calabresi (1930–2003) was a prominent medical and pharmacological researcher of cancer and oncology. Calabresi's mother descends from an Italian-Jewish family. He describes himself ...
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Law And Economics
Law and economics, or economic analysis of law, is the application of microeconomic theory to the analysis of law, which emerged primarily from scholars of the Chicago school of economics. Economic concepts are used to explain the effects of laws, to assess which legal rules are economically efficient, and to predict which legal rules will be promulgated. There are two major branches of law and economics; one based on the application of the methods and theories of neoclassical economics to the positive and normative analysis of the law, and a second branch which focuses on an institutional analysis of law and legal institutions, with a broader focus on economic, political, and social outcomes, and overlapping with analyses of the institutions of politics and governance. History Origin The historical antecedents of law and economics can be traced back to the classical economists, who are credited with the foundations of modern economic thought. As early as the 18th century, ...
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William Prosser
William Prosser may refer to: *William Lloyd Prosser William Lloyd Prosser (March 15, 1898 – 1972) was the Dean of the School of Law at UC Berkeley from 1948 to 1961. Prosser authored several editions of ''Prosser on Torts'', universally recognized as the leading work on the subject of tort law ... (1898–1972), American legal scholar * William Henry Prosser (1870–1952), Welsh cricketer * William Prosser, Lord Prosser (1934–2015), Scottish judge * William Farrand Prosser (1834–1911), American politician {{hndis, Prosser, William ...
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Duty Of Care
In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed ''by operation of law'' between individuals who have no ''current'' direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. Dev ...
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Fordham University School Of Law
Fordham University School of Law is the law school of Fordham University. The school is located in Manhattan in New York City, and is one of eight ABA-approved law schools in that city. In 2013, 91% of the law school's first-time test takers passed the bar exam, placing the law schools' graduates as fifth-best at passing the New York bar exam among New York's 15 law schools. According to Fordham University School of Law's 2014 ABA-required disclosures, 67.8% of the Class of 2014 obtained full-time, long-term, JD-required employment nine months after graduation. Fordham was ranked as the 37th best law school in the United States and 3rd for part-time law by '' U.S. News & World Report'' 2023 ranking and 24th globally in the 2021 edition of the Shanghai Ranking. In 2021, Above the Law magazine ranked Fordham 23rd among U.S. law schools for scholarly impact. For 2022 Above the Law ranked Fordham 28th among the top 50 law schools. Overview According to the information rep ...
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