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Overseas Tankship (UK) Ltd V The Miller Steamship Co
''Overseas Tankship (UK) Ltd v The Miller Steamship Co'' or ''Wagon Mound (No. 2)'',. is a landmark tort case, concerning the test for breach of duty of care in negligence. The Judicial Committee of the Privy Council held that loss will be recoverable where the extent of possible harm is so great that a reasonable man would guard against it (even if the chance of the loss occurring was very small). ''Wagon Mound (No. 2)'' should not be confused with the previous case of the ''Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd'' or ''Wagon Mound (No. 1)'',. which introduced remoteness as a rule of causation to limit compensatory damages. Facts Overseas Tankship chartered a freighter ship named the ''Wagon Mound'' which was taking on bunker oil at Mort's Dock in Sydney. The engineers on the ''Wagon Mound'' were careless and a large quantity of oil overflowed onto the surface of the water. After several hours the oil drifted and was around two ships owned by the Mil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia. Matters of appeal can be submitted to the New South Wales Court of Appeal and Court of Criminal Appeal, both of which are constituted by members of the Supreme Court, in the case of the Court of Appeal from those who have been commissioned as judges of appeal. The Supreme Court consists of 52 permanent judges, including the Chief Justice of New South Wales, presently Andrew Bell, the President of the Court of Appeal, 10 Judges of Appeal, the Chief Judge at Common Law, and the Chief Judge in Equity. The Supreme Court's central location is the Law Courts Building in Queen's Square, Sydney, New So ... [...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] |
Judicial Committee Of The Privy Council Cases On Appeal From Australia
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Judicial Committee Of The Privy Council Cases
This is a list of major cases decided by the Judicial Committee of the Privy Council. These include appeals from the following countries: Lower courts recognising JCPC jurisdiction. * (criminal until 1933; Civil case until 1949) * (until 1985) * (until 1986) * (until 1994) * |
Re Polemis
''In Re'' ''Polemis & Furness, Withy & Co Ltd'' (1921) is an English tort case on causation and remoteness in the law of negligence. The Court of Appeal held that a defendant can be deemed liable for all consequences flowing from his negligent conduct regardless of how unforeseeable such consequences are. The case is an example of strict liability, a concept which has generally fallen out of favour with the common law courts. The case may now be considered "bad law", having been superseded by the landmark decisions of ''Donoghue v Stevenson'' and '' The Wagon Mound (No 1)''. Facts The defendant stevedore's employees were loading cargo into a ship. An employee negligently caused a plank to fall into the ship's hold. The plank caused a spark, which ignited some petrol vapour in the hold, causing an explosion that resulted in the ship becoming a total loss. The matter was taken to arbitration. Judgment The arbitrator found that the defendant's negligence caused the plank to fal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leon A
Leon, Léon (French) or León (Spanish) may refer to: Places Europe * León, Spain, capital city of the Province of León * Province of León, Spain * Kingdom of León, an independent state in the Iberian Peninsula from 910 to 1230 and again from 1296 to 1301 * León (historical region), composed of the Spanish provinces León, Salamanca, and Zamora * Viscounty of Léon, a feudal state in France during the 11th to 13th centuries * Saint-Pol-de-Léon, a commune in Brittany, France * Léon, Landes, a commune in Aquitaine, France * Isla de León, a Spanish island * Leon (Souda Bay), an islet in Souda Bay, Chania, on the island of Crete North America * León, Guanajuato, Mexico, a large city * Leon, California, United States, a ghost town * Leon, Iowa, United States * Leon, Kansas, United States * Leon, New York, United States * Leon, Oklahoma, United States * Leon, Virginia, United States * Leon, West Virginia, United States * Leon, Wisconsin (other), United States, severa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard Posner
Richard Allen Posner (; born January 11, 1939) is an American jurist and legal scholar who served as a federal appellate judge on the U.S. Court of Appeals for the Seventh Circuit from 1981 to 2017. A senior lecturer at the University of Chicago Law School, Posner is a leading figure in the field of law and economics, and was identified by ''The Journal of Legal Studies'' as the most-cited legal scholar of the 20th century. He is widely considered to be one of the most influential legal scholars in the United States. Posner is known for his scholarly range and for writing on topics outside of his primary field, law. In his various writings and books, he has addressed animal rights, feminism, drug prohibition, same-sex marriage, Keynesian economics, and academic moral philosophy, among other subjects. Posner is the author of nearly 40 books on jurisprudence, economics, and several other topics, including ''Economic Analysis of Law'', ''The Economics of Justice'', ''The Problem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Learned Hand
Billings Learned Hand ( ; January 27, 1872 – August 18, 1961) was an American jurist, lawyer, and judicial philosopher. He served as a federal trial judge on the U.S. District Court for the Southern District of New York from 1909 to 1924 and as a federal appellate judge on the U.S. Court of Appeals for the Second Circuit from 1924 to 1951. Born and raised in Albany, New York, Hand majored in philosophy at Harvard College and graduated with honors from Harvard Law School. After a relatively undistinguished career as a lawyer in Albany and New York City, he was appointed at the age of 37 as a federal district judge in Manhattan in 1909. The profession suited his detached and open-minded temperament, and his decisions soon won him a reputation for craftsmanship and authority. Between 1909 and 1914, under the influence of Herbert Croly's social theories, Hand supported New Nationalism. He ran unsuccessfully as the Progressive Party's candidate for chief judge of the New Yor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Former Site Of Mort's Dock, Balmain, New South Wales, Australia
A former is an object, such as a template, gauge or cutting die, which is used to form something such as a boat's hull. Typically, a former gives shape to a structure that may have complex curvature. A former may become an integral part of the finished structure, as in an aircraft fuselage, or it may be removable, being using in the construction process and then discarded or re-used. Aircraft formers Formers are used in the construction of aircraft fuselage, of which a typical fuselage has a series from the nose to the empennage, typically perpendicular to the longitudinal axis of the aircraft. The primary purpose of formers is to establish the shape of the fuselage and reduce the column length of stringers to prevent instability. Formers are typically attached to longerons, which support the skin of the aircraft. The "former-and-longeron" technique (also called stations and stringers) was adopted from boat construction, and was typical of light aircraft built until the ad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nuisance
Nuisance (from archaic ''nocence'', through Fr. ''noisance'', ''nuisance'', from Lat. ''nocere'', "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir James Fitzjames Stephen as, "an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majesty's subjects". ''Private nuisance'' is the interference with the right of specific people. Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded case law. Nuisance signifies that the "right of quiet enjoyment" is being disrupted to such a degree that a tort is being committed. Definition Under the common law, persons in possession of real property (land ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
