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Obiter Dictum
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply '' dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obiter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjug ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estopped
Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from bringing a particular claim. Legal doctrines of estoppel are based in both common law and equity. It is also a concept in international law. Types of estoppel There are many different types of estoppel which can arise, but the common thread between them is that a person is restrained from asserting a particular position in law where it would be inequitable to do so. By way of illustration: * If a landlord promises the tenant that he will not exercise his right to terminate a lease, and relying upon that promise the tenant spends money improving the premises, the doctrine of ''promissory estoppel'' may prevent the landlord from exercising a right to terminate, even though his promise might not otherwise have been legally binding as a co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morrison R
Morrison may refer to: People * Morrison (surname), people with the Scottish surname Morrison * Morrison Heady (1829–1915), American poet * Morrison Mann MacBride (1877–1938), Canadian merchant Places in the United States * Morrison, Colorado * Morrison, Illinois * Morrison, Iowa * Morrison, Missouri * Morrison, Oklahoma * Morrison, Tennessee * Morrison, Wisconsin, a town ** Morrison (community), Wisconsin, an unincorporated community * Morrison County, Minnesota * Morrison Township, Aitkin County, Minnesota Other uses * Clan Morrison, a Scottish clan * Morrison Formation, a distinctive sequence of Upper Jurassic sedimentary rock in the western United States * Morrison Hall, a residential hall at the University of Hong Kong * Webb Horton House, now known as Morrison Hall * Morrison Lake (other) * ''Morrison'', a 19th-century American merchant ship of the Morrison Incident * USS ''Morrison'' (DD-560), a ''Fletcher''-class destroyer sunk in the Pacific in 1945 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Santa Clara County V
Santa Claus, also known as Father Christmas, Saint Nicholas, Saint Nick, Kris Kringle, or simply Santa, is a legendary figure originating in Western Christian culture who is said to bring children gifts during the late evening and overnight hours on Christmas Eve of toys and candy or coal or nothing, depending on whether they are "naughty or nice". In the legend, he accomplishes this with the aid of Christmas elves, who make the toys in his workshop, often said to be at the North Pole, and flying reindeer who pull his sleigh through the air. The modern figure of Santa is based on folklore traditions surrounding Saint Nicholas, the English figure of Father Christmas and the Dutch figure of ''Sinterklaas''. Santa is generally depicted as a portly, jolly, white-bearded man, often with spectacles, wearing a red coat with white fur collar and cuffs, white-fur-cuffed red trousers, red hat with white fur, and black leather belt and boots, carrying a bag full of gifts for chil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plurality Opinion
A plurality opinion is in certain legal systems the opinion from one or more judges or justices of an appellate court which provides the rationale for the disposition of an appeal when no single opinion received the support of a majority of the court. The plurality opinion did not receive the support of more than half the justices, but still received more support than any other opinion, excluding those justices dissenting from the holding of the court. By country United States In '' Marks v. United States'', 430 U.S. 188 (1977), the Supreme Court of the United States explained how the holding of a case should be viewed where there is no majority supporting the rationale of any opinion: “When a fragmented Court decides a case and no single rationale explaining the result enjoys the assent of five Justices, the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds.” That requires lower courts t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over State court (United States), state court cases that involve a point of Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution of the United States, Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law ove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Bowen, Baron Bowen
Charles Synge Christopher Bowen, Baron Bowen, (1 January 1835 – 10 April 1894) was an English judge. Early life Bowen was born at Woolaston in Gloucestershire – his father, Rev. Christopher Bowen, originally of Hollymount, County Mayo, being then curate of the parish and his mother, Catherine Steele (1807/8–1902); his younger brother was Edward Ernest Bowen, a long-serving Harrow schoolmaster. He was educated at Lille in France, Blackheath and Rugby schools, leaving the latter in 1853 having won a scholarship to Balliol College, Oxford. There he made good his earlier academic promise, winning the principal classical scholarships and prizes of his time. He was elected a Fellow of Balliol in 1857 while an undergraduate and became President of the Oxford Union in 1858. Career From Oxford, Bowen went to London, where he was called to the bar at Lincoln's Inn in 1861, and while studying law he wrote regularly for the '' Saturday Review'', and also later for '' T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Carlill V Carbolic Smoke Ball Company
''Carlill v Carbolic Smoke Ball Company'' 892EWCA Civ 1is an English contract law decision by the English Court of Appeal">Court of Appeal, which held an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms. It is notable for its treatment of contract and of puffery in advertising, for its curious subject matter associated with medical quackery, and how the influential judges (particularly Lindley and Bowen) developed the law in inventive ways. ''Carlill'' is frequently discussed as an introductory contract case, and may often be the first legal case a law student studies in the law of contract. The case concerned a influenza, flu remedy called the "carbolic smoke ball". The manufacturer advertised that buyers who found it did not work would be awarded £100, a considerable amount of money at the time. The company was found to have been bound by its advertisement, which was const ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privity Of Contract
The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon any person who is not a party to the contract. The premise is that only parties to contracts should be able to sue to enforce their rights or claim damages as such. However, the doctrine has proven problematic because of its implications for contracts made for the benefit of third parties who are unable to enforce the obligations of the contracting parties. In England and Wales, the doctrine has been substantially weakened by the Contracts (Rights of Third Parties) Act 1999, which created a statutory exception to privity (enforceable third party rights). Third party rights Privity of contract occurs only between the parties to the contract, most commonly contract of sale of goods or services. Horizontal privity arises when the benefits from a contract are to be given to a third party. Vertical privity involves a contract between two parties ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scruttons Ltd V Midland Silicones Ltd
is a leading House of Lords case on privity of contract. It was a test case in which it was sought to establish a basis upon which stevedores could claim the protection of exceptions and limitations contained in a bill of lading contract to which they were not party. The Court outlined an exception to the privity rule, known as the Lord Reid test, through agency as it applies to sub-contractors and employees seeking protection in their employers' contract. Facts Scruttons Ltd was shipping a load of crates through a carrier. In the contract between the two parties there was a limitation of liability clause for $500 (£179) per box. The goods were damaged in transit due to the negligence of the stevedores. The stevedores were under contract with the shipping company which contained an exclusion clause. Midland were unaware of the relationship between the carriers and the stevedores. Judgment At first blush, it was clear to the Court that the stevedores could not be exempted by t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pure Economic Loss
Economic loss is a term of art which refers to financial loss and damage suffered by a person which is seen only on a balance sheet and not as physical injury to person or property. There is a fundamental distinction between pure economic loss and consequential economic loss, as pure economic loss occurs independent of any physical damage to the person or property of the victim. It has also been suggested that this tort should be called "commercial loss" as injuries to person or property can be regarded as "economic". Examples of pure economic loss include the following: *Loss of income suffered by a family whose principal earner dies in an accident. The physical injury is caused to the deceased, not the family.. *Loss of market value of a property owing to the inadequate specifications of foundations by an architect.. *Loss of production suffered by an enterprise whose electricity supply is interrupted by a contractor excavating a public utility. The latter case is exemplified by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
