|
Priestly V. Fowler
''Priestley v Fowler'' 837150 ER 1030is an old English tort law case, which introduced the old rule of common employment (or "fellow servant rule" in the United States). This is idea that the employer is not liable for injuries caused by one employee to another in the course of their employment. The rule was removed in its entirety in the United Kingdom by the Law Reform (Personal Injuries) Act 1948. Despite this, there was no allegation by the plaintiff in this case "about the act of any fellow servant or indeed any suggestion that the duty sought to be put on the employer was other than a primary duty to ensure that the van was a safe conveyance." Facts On 30 May 1835 Charles Priestley, a servant of butcher Thomas Fowler of Market Deeping, was ordered to deliver mutton to market. The meat was placed in a wagon driven by William Beeton, another of Fowler's employees. Priestley was to accompany the cart only as far as Buckden, some twenty miles from Peterborough, where he was to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Scarlett, 2nd Baron Abinger
Robert Campbell Scarlett, 2nd Baron Abinger DL (5 September 1794 – 24 June 1861), was a British barrister-at-law and politician. Background and early life Born in London, he was the oldest son of James Scarlett, 1st Baron Abinger, and his first wife, third daughter of Peter Campbell. In 1844, he succeeded his father as baron. Scarlett was educated at Trinity College, Cambridge, where he graduated with a Bachelor of Arts in 1815, and a Master of Arts three years later, when he was called to the bar by the Inner Temple. In 1837, Lord Abinger was the presiding exchequer judge in the case of Priestley v Fowler which introduced the now abandoned legal rule of common employment. Political career In 1835, he entered the British House of Commons, representing Norwich until 1838. He sat again for Horsham from 1841 until 1844, when his father died. Scarlett was appointed Deputy Lieutenant of Inverness-shire in 1854. Family He married Sarah Smith, second daughter of George Smith, Chi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nonsuit
A non-suit (British English) or nonsuit (American English) is a legal procedure. A plaintiff (or other person bringing a civil action, such as a petitioner) drops his or her suit, under certain circumstances that do not prevent another action being brought later on the same facts. United States In the United States, a ''voluntary nonsuit'' is a motion taken by the plaintiff to release one or more of the defendants from liability. An example would be a plaintiff suing a physician and a hospital for damages resulting from surgical complications. If the plaintiff settles with the physician, the plaintiff would nonsuit the physician (removing him/her from the suit) but maintain action against the hospital and the suit would continue. If the plaintiff later settles with the hospital before trial, the resulting nonsuit would end the case as all defendants have been released. A nonsuit is a right of the plaintiff, but it may be prevented if the defendant has pleaded for affirmative re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bedstead
A bed frame or bedstead is the part of a bed used to position the bed base, the flat part which in turn directly supports the mattress(es). The frame may also stop the matresses from sliding sideways, and it may include means of supporting a canopy above. Bed frames are typically made of wood or metal. A bed frame includes head, foot, and side rails. Most double (full) sized beds, along with all queen and king size beds, require some type of center support rail, typically also with extra feet extending down to the floor. The term "bed frame" was first used in 1805-1815. Not all beds include frames; see bed base. Brass beds Brass beds are beds in which the headboard and footboard are made of brass; the frame rails are usually made of steel. Brass beds can be made of 100 per cent brass or of metals that have been brass-plated. The brass used in making brass beds is usually 70 per cent copper and 30 per cent zinc. The ratio of metals may vary between manufacturers. Brass beds we ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crazy
Insanity, madness, lunacy, and craziness are behaviors performed by certain abnormal mental or behavioral patterns. Insanity can be manifest as violations of societal norms, including a person or persons becoming a danger to themselves or to other people. Conceptually, mental insanity also is associated with the biological phenomenon of contagion (that mental illness is infectious) as in the case of copycat suicides. In contemporary usage, the term ''insanity'' is an informal, un-scientific term denoting "mental instability"; thus, the term insanity defense is the legal definition of mental instability. In medicine, the general term psychosis is used to include the presence either of delusions or of hallucinations or both in a patient; and psychiatric illness is " psychopathology", not ''mental insanity''. An interview with Dr. Joseph Merlino, David Shankbone, ''Wikinews'', 5 October 2007. In English, the word "sane" derives from the Latin adjective ''sanus'' meaning "he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dicta
In general usage, a dictum ( in Latin; plural dicta) is an authoritative or dogmatic statement. In some contexts, such as legal writing and church cantata librettos, ''dictum'' can have a specific meaning. Legal writing In United States legal terminology, a ''dictum'' is a statement of opinion considered authoritative (although not binding), given the recognized authoritativeness of the person who pronounced it."dictum", Black's Law Dictionary (8th ed. 2004); C.J.S. Courts §§ 142-143. There are multiple subtypes of ''dicta'', although due to their overlapping nature, legal practitioners in the U.S. colloquially use ''dictum'' to refer to any statement by a court the scope of which extends beyond the issue before the court. ''Dicta'' in this sense are not binding under the principle of ''stare decisis'', but tend to have a strong persuasive effect, by virtue of having been stated in an authoritative decision, or by an authoritative judge, or both. These subtypes include: * ''dict ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reserved Judgment
In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.''Black’s Law Dictionary'' 970 (10th ed. 2014). The phrase "reasons for judgment" is often used interchangeably with "judgment," although the former refers to the court's justification of its judgment while the latter refers to the final court order regarding the rights and liabilities of the parties. As the main legal systems of the world recognize either a common law, statutory, or constitutional duty to provide reasons for judgment, drawing a distinction between "judgment" and "reasons for judgment" may be unnecessary in most circumstances. Spelling Judgment is considered a "free variation" word, and the use of either ''judgment'' or ''judgement'' (with an e) is considered acceptable. This variation arises depend ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trespass On The Case
The writs of trespass and trespass on the case are the two catchall torts from English common law, the former involving trespass against the person, the latter involving trespass against anything else which may be actionable. The writ is also known in modern times as action on the case and can be sought for any action that may be considered as a tort but is yet to be an established category. The emergence of the writ of trespass Trespass and trespass on the case, or "case", began as personal remedies in the royal courts in London in the 13th century. These early forms of trespass reflected a wide range of wrongs. In 1278, however, the Statute of Gloucester was passed. This limited actions in the royal courts to property damage worth above 40 shillings, maims, beatings or wounds. Soon after this Statute was passed, writs of Trespass appeared in a stereotyped form alleging "force and arms", or "''vi et armis''". Trespass writs alleging force and arms became known simply as trespas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arrest Of The Judgment
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest. Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID. As a safeguard against the abuse of power, many countries require tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assumpsit
Assumpsit ("he has undertaken", from Latin, ''assumere''), or more fully, action in assumpsit, was a form of action at common law used to enforce what are now called obligations arising in tort and contract; and in some common law jurisdictions, unjust enrichment. The origins of the action can be traced to the 14th century, when litigants seeking justice in the royal courts turned from the writs of covenant and debt to the trespass on the case. History Fragmentation of actions for breach of agreement In the early days of the English common law, agreements were enforced in local courts. Where one wished to enforce an agreement in the royal courts, it was necessary to fit one's claim within a form of action. In the 13th and 14th centuries the forms of action for the enforcement of agreements were covenant, debt, detinue, and account. These were all writs in the ''praecipe'' form, meaning that they commanded the defendant to perform an act: for example, to keep a promise; to yiel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Declaration (law)
In law, a declaration is an authoritative establishment of fact. Declarations take various forms in different legal systems. Canon law In the canon law of the Catholic Church, a declaration of nullity, (commonly called an annulment and less commonly a decree of nullity) is authoritative judgment on the part of an ecclesiastical tribunal juridically establishing the fact that a marriage was invalidly contracted or, less frequently, a judgment juridically establishing the fact that an ordination was invalidly conferred. It does not dissolve a valid bond of marriage, but it is merely a factual declaration of the nullity of the bond. Common law In common law, a declaration ordinarily refers to a judgment of the court or an award of an arbitration tribunal that is a binding adjudication of the rights or other legal relations of the parties which does not provide for or order enforcement. Where the declaration is made by a court, it is usually referred to as a ''declaratory judgment'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
