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Nervous Shock In English Law
In English law, a nervous shock is a psychiatric / mental illness or injury inflicted upon a person by intentional or negligent actions or omissions of another. Often it is a psychiatric disorder triggered by witnessing an accident, for example an injury caused to one's parents or spouse. Although the term "nervous shock" has been described as "inaccurate" and "misleading", it continues to be applied as a useful abbreviation for a complex concept. The possibility of recovering damages for nervous shock, particularly caused by negligence, is strongly limited in English law. Definition To amount in law to "nervous shock", the psychiatric damage suffered by the claimant must extend beyond grief or emotional distress to a recognised mental illness, such as anxiety neurosis or reactive depression. Damages for bereavement suffered as a result of the wrongful death of a close one are available under the Fatal Accidents Act 1976, while courts can also award damages for "pain and suffer ... [...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 Common law can be amended or repealed by Parliament.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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reasonable Person
In law, a reasonable person, reasonable man, or the man on the Clapham omnibus, is a hypothetical person of legal fiction crafted by the courts and communicated through case law and jury instructions. Strictly according to the fiction, it is misconceived for a party to seek evidence from actual people to establish how the reasonable man would have acted or what he would have foreseen. This person's character and care conduct under any ''common set of facts,'' is decided through reasoning of good practice or policy—or "learned" permitting there is a compelling consensus of public opinion—by high courts. In some practices, for circumstances arising from an ''uncommon set of facts,'' this person is seen to represent a composite of a relevant community's judgement as to how a typical member of said community should behave in situations that might pose a threat of harm (through action or inaction) to the public. However, cases resulting in judgment notwithstanding verdict can ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alcock V Chief Constable Of South Yorkshire Police
is a leading English tort law case on liability for nervous shock (psychiatric injury). The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster. Facts ''Alcock'' concerned psychiatric harm caused by the Hillsborough disaster of 1989. This occurred at the Hillsborough Football Stadium, Sheffield during the FA Cup Semi-Final in which 96 spectators were killed and 450 injured in a human crush. The disaster was broadcast live on television and radio. Despite considerable public controversy, South Yorkshire Police had admitted liability in negligence for the deaths, having allowed too many supporters into the stadium. In the ''Alcock'' case, 10 relatives of the deceased brought negligence claims in tort for psychiatric harm or nervous shock. Of the claimants, most had not been present in the stadium at the time of the disaster and none had been in physical risk. Most had sustained psychiatric in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hillsborough Disaster
The Hillsborough disaster was a fatal human crush during a football match at Hillsborough Stadium in Sheffield, South Yorkshire, England, on 15 April 1989. It occurred during an FA Cup semi-final between Liverpool and Nottingham Forest in the two standing-only central pens in the Leppings Lane stand allocated to Liverpool supporters. Shortly before kick-off, in an attempt to ease overcrowding outside the entrance turnstiles, the police match commander, David Duckenfield, ordered exit gate C to be opened, leading to an influx of supporters entering the pens. This resulted in overcrowding of those pens and the crush. With 97 deaths and 766 injuries, it has the highest death toll in British sporting history. Ninety-four people died on the day; another person died in hospital days later, and another victim died in 1993. In July 2021, a coroner ruled that Andrew Devine, who died 32 years after suffering severe and irreversible brain damage on the day, was the 97th victim. The ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McFarlane V
McFarlane may refer to: Business *McFarlane Toys, a toy manufacturer People *McFarlane (surname) See also *''McFarlane's Evil Prophecy'', a 2004 video game *McFarlan (other) McFarlan is a surname. Notable people with the surname include: *Alex McFarlan (1869–1939), American baseball player *Dan McFarlan (1873–1924), American baseball player *Duncan McFarlan (died 1816), American politician See also *McFarlan, Nort ... * MacFarlane (other) {{disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eggshell Skull
The eggshell rule (also thin skull rule, papier-mâché-plaintiff rule, or talem qualem rule) is a well-established legal doctrine in common law, used in some tort law systems, with a similar doctrine applicable to criminal law. The rule states that, in a tort case, the unexpected frailty of the injured person is not a valid defense to the seriousness of any injury caused to them. Law This rule holds that a tortfeasor is liable for all consequences resulting from their tortious (usually negligent) activities leading to an injury to another person, even if the victim suffers an unusually high level of damage (e.g. due to a pre-existing vulnerability or medical condition).. The eggshell skull rule takes into account the physical, social, and economic attributes of the plaintiff which might make them more susceptible to injury.''Nader v Urban Transit Authority of NSW'' (1985) 2 NSWLR 501, Court of Appeal (NSW, Australia) per McHugh JALawCite records. It may also take into acco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Siblings
A sibling is a relative that shares at least one parent with the subject. A male sibling is a brother and a female sibling is a sister. A person with no siblings is an only child. While some circumstances can cause siblings to be raised separately (such as foster care), most societies have siblings grow up together. This causes the development of strong human bonding, emotional bonds, with siblinghood considered a unique type of relationship unto itself. The emotional bond between siblings is often complicated and is influenced by factors such as parental treatment, birth order, Personality psychology, personality, and personal experiences outside the family. Medically, a full sibling is a first-degree relative and a half sibling is a second-degree relative as they are related by 50% and 25% respectively. Definitions The word ''sibling'' was reintroduced in 1903 in an article in ''Biometrika'', as a translation for the German ''Geschwister'', having not been used since 1425. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rebuttable Presumption
In common law and civil law, a rebuttable presumption (in Latin, ''praesumptio iuris tantum'') is an assumption made by a court that is taken to be true unless someone proves otherwise. For example, a defendant in a criminal case is presumed innocent until proven guilty. It is often associated with '' prima facie'' evidence. Criminal law Rebuttable presumptions in criminal law are somewhat controversial in that they do effectively reverse the presumption of innocence in some cases. For example, in the United 4C Section 75of the Sexual Offences Act 2003 makes several rebuttable presumptions about mens rea and consent to sexual activity. In some cases, a rebuttable presumption can also work in favor of the accused. For instance, in Australia, there is a rebuttable presumption that a child aged at least 10 but less than 14 is incapable of committing a criminal act. Civil law An example from civil law is a rebuttable presumption for shared parenting after divorce, where the defa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
White V Chief Constable Of The South Yorkshire Police
''White v Chief Constable of the South Yorkshire Police'' was a 1998 case in English tort law in which police officers who were present in the aftermath of the Hillsborough disaster sued for post traumatic stress disorder. The claim was rejected by the House of Lords on the basis that none of the claimants could be considered "primary victims" "since none of them were at any time exposed to personal danger nor reasonably believed themselves to be so". The decision could have been disposed of in the manner of Chadwick v British Railways Board, where the rescuer may not have been in physical danger but was awarded damages due to his putting himself in the 'zone of danger', after the event. This was not followed and the "rescuers" category was thus limited in terms of people acting in the course of their job. See also *''Alcock v Chief Constable of South Yorkshire Police is a leading English tort law case on liability for nervous shock (psychiatric injury). The case centred up ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chadwick V
Chadwick may refer to: People * Chadwick (surname) * Chadwick (given name) Places * Chadwick, Illinois, United States, a village * Chadwick, Michigan, United States, a former community * Chadwick, Missouri, United States, an unincorporated community * Chadwick Bay, New York, United States * Chadwick Lake, New York, United States * Chadwick, Western Australia, a suburb of the town of Esperance * Chadwick (crater), a lunar crater Other uses * James Chadwick Medal and Prize, a biennial award presented by Institute of Physics for particle physics research * Chadwick Arboretum, Columbus, Ohio * The Chadwick, an apartment building in Indianapolis, Indiana, formerly on the National Register of Historic Places * Chadwick School Chadwick School is a nonsectarian independent K-12 day school located in an unincorporated area on the Palos Verdes Peninsula in Los Angeles County, California, United States. Specifically it is located at the top of the neighborhood referre ..., a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Page V
Page most commonly refers to: * Page (paper), one side of a leaf of paper, as in a book Page, PAGE, pages, or paging may also refer to: Roles * Page (assistance occupation), a professional occupation * Page (servant), traditionally a young male servant * Page (wedding attendant) People with the name * Page (given name) * Page (surname) Places Australia * Page, Australian Capital Territory, a suburb of Canberra * Division of Page, New South Wales * Pages River, a tributary of the Hunter River catchment in New South Wales, Australia * The Pages, South Australia, two islands and a reef **The Pages Conservation Park, a protected area in South Australia United States * Page, Arizona, a city * Page, Indiana * Page, Minneapolis, Minnesota, a neighborhood * Page, Nebraska, a village * Page, North Dakota, a city * Page, Oklahoma, an unincorporated community * Page, Virginia * Page, Washington, a ghost town * Page, West Virginia, a census-designated place * Page Airport (disambigua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
