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Muir V. Glasgow Corporation
''Muir v Glasgow Corporation'' 1943 SC(HL) 3, is a leading case in the development of the law of negligence and forms part of Scots delict law and English tort law. It embeds the concept of the ''reasonable person''. Facts A group of children were having a day out with their Sunday school. They were meant to be having a picnic, but the rain had ruined it. The leader of the trip asked the manager of a tearoom, run by Glasgow Corporation, if she would allow the children to have their picnic on their premises. She agreed and the group entered. In the tearoom there was a tuck shop, the window to which was located midway along a corridor. The children had all started to line up along the corridor to buy sweets at the tuck shop. At this time a large tea urn was being carried along the corridor by two adults, to the main room of the tearoom. For a reason which was not explained, the hold of one of the bearers slipped so that tea was spilt and scalded several children (Muir being ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leading Case
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. In Commonwealth countries, a reported decision is said to be a ''leading decision'' when it has come to be generally regarded as settling the law of the question involved. In 1914, Canadian jurist Augustus Henry Frazer Lefroy said "a 'leading case' sone that settles the law upon some important point". A leading decision may settle the law in more than one way. It may do so by: * Distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of '' stare decisis''; * Establishing a "test" (that is, a measurable standard that can be applied by courts in futur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Care In English Law
In English tort law, an individual may owe a duty of care to another, to ensure that they do not suffer any unreasonable harm or loss. If such a duty is found to be breached, a legal liability is imposed upon the tortfeasor to compensate the victim for any losses they incur. The idea of individuals owing strangers a duty of care – where beforehand such duties were only found from contractual arrangements – developed at common law, throughout the 20th century. The doctrine was significantly developed in the case of ''Donoghue v Stevenson'', where a woman succeeded in establishing a manufacturer of ginger beer owed her a duty of care, where it had been negligently produced. Following this, the duty concept has expanded into a coherent judicial test, which must be satisfied in order to claim in negligence. Generally, a duty of care arises where one individual or group undertakes an activity which could reasonably harm another, either physically, mentally, or economically. This in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1943 In Case Law
Events Below, the events of World War II have the "WWII" prefix. January * January 1 – WWII: The Soviet Union announces that 22 German divisions have been encircled at Stalingrad, with 175,000 killed and 137,650 captured. * January 4 – WWII: Greek-Polish athlete and saboteur Jerzy Iwanow-Szajnowicz is executed by the Germans at Kaisariani. * January 11 ** The United States and United Kingdom revise previously unequal treaty relationships with the Republic of China (1912–1949), Republic of China. ** Italian-American anarchist Carlo Tresca is assassinated in New York City. * January 13 – Anti-Nazi protests in Sofia result in 200 arrests and 36 executions. * January 14 – January 24, 24 – WWII: Casablanca Conference: Franklin D. Roosevelt, President of the United States; Winston Churchill, Prime Minister of the United Kingdom; and Generals Charles de Gaulle and Henri Giraud of the Free French forces meet secretly at the Anfa Hotel in Casablanca, Morocco, to plan the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scottish Case Law
Scottish usually refers to something of, from, or related to Scotland, including: *Scottish Gaelic, a Celtic Goidelic language of the Indo-European language family native to Scotland *Scottish English *Scottish national identity, the Scottish identity and common culture *Scottish people, a nation and ethnic group native to Scotland *Scots language, a West Germanic language spoken in lowland Scotland *Symphony No. 3 (Mendelssohn), a symphony by Felix Mendelssohn known as ''the Scottish'' See also *Scotch (other) *Scotland (other) *Scots (other) *Scottian (other) *Schottische The schottische is a partnered country dance that apparently originated in Bohemia. It was popular in Victorian era ballrooms as a part of the Bohemian folk-dance craze and left its traces in folk music of countries such as Argentina ("chotis"Span ... * {{disambiguation Language and nationality disambiguation pages ca:Escocès ... [...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] |
Scalding
Scalding is a form of thermal burn resulting from heated fluids such as boiling water or steam. Most scalds are considered first- or second-degree burns, but third-degree burns can result, especially with prolonged contact. The term is from the Latin word ''calidus'', meaning hot. Causes Most scalds result from exposure to high-temperature water, such as tap water in baths and showers, water heaters, or cooking water, or from spilled hot drinks, such as coffee. Scalds can be more severe when steam impinges on the naked skin, because steam can reach higher temperatures than water and transfers latent heat by condensation. On the other hand, when clothes are soaked with hot water the heat transfer is often of a longer duration since the body part cannot be removed from the heat source as quickly. Temperatures The temperature of tap water should not exceed to prevent discomfort and scalding. However, it is necessary to keep warm water at a temperature of to inhibit the growth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foreseeability
In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened.. (For example, but for running the red light, the collision would not have occurred.) The action is a necessary condition, but may not be a sufficient condition, for the resulting injury. A few circumstances exist where the but for test is ineffective (see But-for test). Since but-for causation is very easy to show (but for stopping to tie your shoe, you would not have missed the train and would not have been mugged), a second test is used to determine if an action is close enough to a harm in a "chain of events" to be legally valid. This test is called proximate cause. Proximate cause is a key principle of Insurance and is concerned w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incident , an irregularity with a nuclear installation not classi ...
Incident may refer to: * A property of a graph in graph theory * ''Incident'' (film), a 1948 film noir * Incident (festival), a cultural festival of The National Institute of Technology in Surathkal, Karnataka, India * Incident (Scientology), a concept in Scientology * Incident ray, a ray of light that strikes a surface See also * Accident * The Incident (other) * Incidence (other) * Incident management (ITSM), an IT service management process to identify and correct service operation failures * Incident management, the activities of an organization to identify, analyze and correct organizational hazards * Nuclear and radiation accidents and incidents A nuclear and radiation accident is defined by the International Atomic Energy Agency (IAEA) as "an event that has led to significant consequences to people, the environment or the facility. Examples include lethal effects to individuals, lar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Occupational Safety And Health
Occupational safety and health (OSH), also commonly referred to as occupational health and safety (OHS), occupational health, or occupational safety, is a multidisciplinary field concerned with the safety, health, and welfare of people at work (i.e. in an occupation). These terms also refer to the goals of this field, so their use in the sense of this article was originally an abbreviation of ''occupational safety and health program/department'' etc. The goal of an occupational safety and health program is to foster a safe and healthy occupational environment. OSH also protects all the general public who may be affected by the occupational environment.Fanning, Fred E. (2003). Basic Safety Administration: A Handbook for the New Safety Specialist, Chicago: American Society of Safety Engineers Globally, more than 2.78 million people die annually as a result of workplace-related accidents or diseases, corresponding to one death every fifteen seconds. There are an additional 374 m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injury
An injury is any physiological damage to living tissue caused by immediate physical stress. An injury can occur intentionally or unintentionally and may be caused by blunt trauma, penetrating trauma, burning, toxic exposure, asphyxiation, or overexertion. Injuries can occur in any part of the body, and different symptoms are associated with different injuries. Treatment of a major injury is typically carried out by a health professional and varies greatly depending on the nature of the injury. Traffic collisions are the most common cause of accidental injury and injury-related death among humans. Injuries are distinct from chronic conditions, psychological trauma, infections, or medical procedures, though injury can be a contributing factor to any of these. Several major health organizations have established systems for the classification and description of human injuries. Occurrence Injuries may be intentional or unintentional. Intentional injuries may be acts of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precaution
''Precaution'' (1820) is the first novel by American author James Fenimore Cooper. Plot ''Precaution'' is set in the spring of 1815 in Northamptonshire, England. It follows the relationship of Emily Moseley and George Denbigh. Development history The novel was written after a challenge made by his wife Susan. Cooper was reading aloud to her from an English novel but found it dull. He threw the book aside and declared he could write a better book than that himself. Susan Cooper challenged her husband to make good on the statement. The result was ''Precaution'', which was published anonymously and instead accredited to an English woman. The publisher, A. T. Goodrich, later surprised the public by revealing that ''Precaution'' was authored by a man from New York. Cooper later noted that, in writing ''Precaution'', he "embraced a crude effort to describe foreign manners". He responded to critics who thought he should focus on American topics by using a more patriotic theme in his n ... [...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] |
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