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Natura Brevium
''La Novelle Natura Brevium'' (1534) was a treatise on English law by Anthony Fitzherbert. It is often cited in judgments today across the common law world, and represents an important tract on the rules of common law in the 16th century. *On skill and care: "If a smith prick my horse with a nail, I shall have my action on the case against him, without any warranty by the smith to do it well"; and he supports it with an excellent reason: "for it is the duty of every artificer to exercise his art rightly and truly as he ought". (94D) *On deceit: ‘And if a man play with another at dice, and he have false dice with which he playeth, and get the other’s money with these false dice, he who loseth his money may have his action upon the case for this deceit and the form of the writ is such… contriving deceitfully to defraud…’ (950) *On trespass to land: “If A. and B. have lands adjoining, where there is no enclosure, the one shall have trespass against the other on an escape ... [...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 Common law can be amended or repealed by Parliament.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] |
Anthony Fitzherbert
Sir Anthony Fitzherbert (147027 May 1538) was an English judge, scholar and legal author, particularly known for his treatise on English law, ''New Natura Brevium'' (1534). Biography Fitzherbert was the sixth son of Ralph Fitzherbert of Norbury, Derbyshire, and Elizabeth Marshall. His brothers died young so he succeeded his father as Lord of the manor of Norbury, an estate granted to the family in 1125. Wood states that he was educated at Oxford, but no evidence of this exists; nor is it known at which of the inns of court he received his legal training, though he is included in a list of Gray's Inn readers. Fitzherbert was called to the degree of serjeant-at-law, 18 November 1510, and six years later he was appointed king's serjeant. In 1514 he published ''La Graunde Abridgement'', described below. In 1522 he was made a judge of common pleas and was knighted; but his new honours did not check his literary activity and in the following year (1523) he published three works: one ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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. Deve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Candler V Crane, Christmas & Co
''Candler v Crane, Christmas & Co'' 9512 KB 164 is an English tort law case on negligent misstatement. In the case, Denning LJ delivered a dissenting judgment, arguing that a duty of care arose when making negligent statements. His dissenting judgment was later upheld by the House of Lords in '' Hedley Byrne v Heller'' 1963. Facts Donald Ogilvie was the director of a company called Trevaunance Hydraulic Tin Mines Ltd, which mined tin in Cornwall. He needed more capital, so he placed an advertisement in ''The Times'' on 8 July 1946 which read, "£10,000. Established Tin Mine (low capitalisation) in Cornwall seeks further capital. Install additional milling plant. Directorship and active participation open to suitable applicant - Apply" Candler responded, saying he was interested in investing £2000, provided he was shown the company's accounts. Ogilvie instructed Crane, Christmas & Co, a firm of auditors, to prepare the company’s accounts and balance sheet. The draft accoun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deceit
Deception or falsehood is an act or statement that misleads, hides the truth, or promotes a belief, concept, or idea that is not true. It is often done for personal gain or advantage. Deception can involve dissimulation, propaganda and sleight of hand as well as distraction, camouflage or concealment. There is also self-deception, as in bad faith. It can also be called, with varying subjective implications, beguilement, deceit, bluff, mystification, ruse, or subterfuge. Deception is a major relational transgression that often leads to feelings of betrayal and distrust between relational partners. Deception violates relational rules and is considered to be a negative violation of expectations. Most people expect friends, relational partners, and even strangers to be truthful most of the time. If people expected most conversations to be untruthful, talking and communicating with others would require distraction and misdirection to acquire reliable information. A significant amount ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trespass To Land
Trespass to land is a common law tort or crime that is committed when an individual or the object of an individual intentionally (or, in Australia, negligently) enters the land of another without a lawful excuse. Trespass to land is ''actionable per se''. Thus, the party whose land is entered upon may sue even if no actual harm is done. In some jurisdictions, this rule may also apply to entry upon public land having restricted access. A court may order payment of damages or an injunction to remedy the tort. By law, trespass for mesne profits is a suit against someone who has been ejected from property that did not belong to them. The suit is for recovery of damages the trespasser caused to the property and for any profits he or she may have made while in possession of that property. For a trespass to be actionable, the tortfeasor must voluntarily go to a specific location, but need not be aware that he entered the property of a particular person. If A forces B unwillingly ont ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rylands V
Rylands is an English surname. Notable people with the surname include: *Dadie Rylands (1902–1999), British literary scholar and theatre director *Dave Rylands (born 1953), English footballer *Enriqueta Augustina Rylands (1843–1908), English philanthropist *George Rylands, real name of 'Dadie' Rylands (above) *John Rylands (1801–1888), English textile merchant and philanthropist *John Paul Rylands (1846–1923), English lawyer, genealogist and topographer *Mark Rylands (born 1961), Church of England bishop *Patrick Rylands (born 1943), English designer *Peter Rylands (1820–1887), English wire manufacturer and politician *Sir William Rylands (1868–1948), British businessman See also *Ryland (other) *The John Rylands Library in Manchester *The John Rylands University Library in Manchester *In St Breward parish, Cornwall, is a hamlet called Rylands *The southern part of the town of Beeston, Nottinghamshire is called Rylands * Warrington Rylands, English football team ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Books Of Authority
Books of authority is a term used by legal writers to refer to a number of early legal textbooks that are excepted from the rule that textbooks (and all books other than statute or law report) are not treated as authorities by the courts of England and Wales and other common law jurisdictions. These books are treated by the courts as authoritative statements of the law as it was at the time at which they were written, on the authority of their authors alone. Consequently, they are treated as authoritative statements of the law as it is at the present time, unless it is shown that the law has changed, and may be cited and relied on in court as such. The statements made in these books are presumed to be evidence of judicial decisions which are no longer extant. The primary reason for this practice is the difficulty associated with ascertaining the law of the medieval and early modern periods. On the subject of this practice, William Blackstone said: Abridgements of the year books ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford, in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a fellow of All Souls College, Oxford, on 2 November 1743, admitted to Middle Temple, and called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone became heavily involved in university administration, becoming accountant, treasurer and bursar on 28 November 1746 and Senior Bursar in 1750. Blackstone is considered responsible for completing the Codrington Library and Warton Building, and simplifying the complex accounting system used by the college. On 3 July 1753 he formally gave up his practice as a barris ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Internet Archive
The Internet Archive is an American digital library with the stated mission of "universal access to all knowledge". It provides free public access to collections of digitized materials, including websites, software applications/games, music, movies/videos, moving images, and millions of books. In addition to its archiving function, the Archive is an activist organization, advocating a free and open Internet. , the Internet Archive holds over 35 million books and texts, 8.5 million movies, videos and TV shows, 894 thousand software programs, 14 million audio files, 4.4 million images, 2.4 million TV clips, 241 thousand concerts, and over 734 billion web pages in the Wayback Machine. The Internet Archive allows the public to upload and download digital material to its data cluster, but the bulk of its data is collected automatically by its web crawlers, which work to preserve as much of the public web as possible. Its web archiving, web archive, the Wayback Machine, contains hu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1534 Books
__NOTOC__ Year 1534 ( MDXXXIV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events January–June * January 15 – The Parliament of England passes the '' Act Respecting the Oath to the Succession'', recognising the marriage of Henry VIII and Anne Boleyn, and their children as the legitimate heirs to the throne. * February 23 – A group of Anabaptists, led by Jan Matthys, seize Münster, Westphalia and declare it ''The New Jerusalem'', begin to exile dissenters, and forcibly baptize all others. * c. March – The Portuguese crown divides Colonial Brazil into fifteen donatory captaincies. * April 5 ( Easter Sunday) – Anabaptist Jan Matthys is killed by the Landsknechte, who laid siege to Münster on the day he predicted as the Second Coming of Christ. His follower John of Leiden takes control of the city. * April 7 – Sir Thomas More is confined in the Tower of London. * May ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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