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Robinson V Kilvert
''Robinson v Kilvert'' (1889) LR 41 ChD 88 is an English tort law case concerning nuisance. It deals with what is sometimes called the issue of a "sensitive claimant". Facts A landlord’s cellar maintained an 80 °F (27 °C) temperature for its business, and the heat affected a tenant's paper warehouse business on a floor above. Judgment The court held that the tenant had no remedy because the landlord was a reasonable user of his property. {{cquote, Cotton LJ This is an appeal by the Plaintiff from a judgment of the Vice-Chancellor of the County Palatine who has dismissed his action. The Plaintiff occupies, as tenant to the Defendants, the ground floor of a warehouse in Manchester . After the lease had been granted the Defendants, who retained in their occupation the cellar below the room demised to the Plaintiff, commenced carrying on the manufacture of paper boxes, which required heat and dry air. They accordingly put up pipes to heat their cellar. The heat we ...
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English Tort Law
English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requires a payment of money to make up for damage that is caused. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations. In English law, torts like other civil cases are generally tried in front a judge without a jury. History Following Roman law, the English system has long been based on a closed system of nominate torts, such as trespass, battery and conversion. This is in contrast to continental legal systems, which have since adopted more open systems of tortious liability. There are various categories of tort, which lead back to the system of separate causes of action. The tort of negligence is however increasing in importance over other types of tort, prov ...
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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 ...
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Cooke V
Cooke is a surname derived from the occupation of cook. Notable people with the surname include: * Alexander Cooke (died 1614), English actor * Alfred Tyrone Cooke, of the Indo-Pakistani wars * Alistair Cooke KBE (1908–2004), British-American journalist and broadcaster * Amos Starr Cooke (1810–1871), found of Royal School and Castle & Cooke in Hawaii * Anna Rice Cooke (1853–1934), patron of the arts and founder of the Honolulu Academy of Arts * Anthony Cooke (1505–1576), British scholar * Baden Cooke (born 1978), Australian cyclist * Barrie Cooke (born 1931), Irish painter * Bates Cooke, US Representative 1831–1833, and NY State Comptroller 1839–1841 * Benjamin Cooke (1734–1793), British musician * Beryl Cooke (1906–2001), British actress * C. R. Cooke (Conrad Reginald Cooke, 1901–1996), English early Himalayan mountaineer * Charles Cooke (other), several people * Chauncey H. Cooke (1846–1919), American soldier in the U.S. Civil War * Christian Cook ...
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Bandy V
Bandy is a winter sport and ball sport played by two teams wearing ice skates on a large ice surface (either indoors or outdoors) while using sticks to direct a ball into the opposing team's goal. The international governing body for bandy is the Federation of International Bandy (FIB). The playing surface, called a bandy field or bandy rink, is a sheet of ice which measures 90–110 meters by 45–65 meters – about the size of a football pitch. The field is considerably larger than the ice rinks commonly used for ice hockey, rink bandy, or figure skating. The goal cage used in bandy is 3.5 m (11 ft) wide and 2.1 m (6 ft 11 in) high and is the largest one used by any organized winter team sport. The sport has a common background with association football (soccer), ice hockey, and field hockey. Bandy's origins are debatable, but its first rules were organized and published in England in 1882. Internationally, bandy's strongest nations in both men's and women's ...
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Sanderson V
Sanderson may refer to: Places * Sanderson, Florida, a town in the United States * Sanderson, Texas, a census-designated place in the United States * Sanderson, West Virginia, an unincorporated community in the United States * Sanderson, Northern Territory, an area of Darwin, Australia * Electoral division of Sanderson, in Australia * Sanderson Farms, a US-based poultry producer * Sanderson High School (Texas) * Sanderson High School, East Kilbride, South Lanarkshire, Scotland * Sanderson Hotel in London People * Sanderson (surname), people with the surname ''Sanderson'' * Sanderson, a pixie who works with Head Pixie in the cartoon ''The Fairly OddParents'' Brands * Arthur Sanderson & Sons Ltd, a British fabric and wallpaper manufacturer See also * Angus-Sanderson, an English automobile * Jesse O. Sanderson High School, Raleigh, North Carolina USA * Sanders (surname) Sanders is a patronymic name, meaning "son of Alexander". The name derives from the abbreviation ''xander'', wit ...
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Edward Fry
Sir Edward Fry, (4 November 1827 – 19 October 1918) was an English Lord Justice of Appeal (1883–1892) and an arbitrator on the Permanent Court of Arbitration. Biography Joseph Fry (1795-1879) and Mary Ann Swaine were his parents. He was a Quaker from a prominent Bristol family which founded and owned the chocolate firm J. S. Fry & Sons. His grandfather was Joseph Storrs Fry (1767–1835) and his brothers included a second Joseph Storrs Fry (1826-1913) who ran the firm and Lewis Fry (1832-1921) who was a politician. He was called to the bar in 1854, took silk in 1869 and became a judge in Chancery in 1877, receiving the customary knighthood. He was raised to the Court of Appeal in 1883, and was sworn of the Privy Council. He retired in 1892. Retirement from the court did not mean retirement from legal work. He sat on some cases in the Judicial Committee of the Privy Council. In 1897 he accepted an offer to preside over the royal commission on the Irish Land Acts. ...
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Dennett V
Dennett is a surname. Notable people with the surname include: * Daniel Dennett (born 1942), American philosopher, writer, and cognitive scientist * Fred Dennett (1863–1928), American politician * Fred A. Dennett (1849–1920), American politician * Edward George Dennett (1879–1937), English cricketer * Lydia Neal Dennett (1798–1881), American abolitionist and suffragist * Mary Dennett (1872–1947), American birth control activist * R. E. Dennett, English trader and author *Russell Dennett, British musician (The Human League) *Tyler Dennett Tyler Dennett (June 13, 1883 Spencer, Wisconsin – December 29, 1949 in Geneva, New York) was an American historian and educator, best known for his book ''John Hay: From Poetry to Politics'' (1933), which won the 1934 Pulitzer Prize for Biograp ...
(1883–1949), American historian {{surname ...
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Sturges V Bridgman
''Sturges v Bridgman'' (1879) LR 11 Ch D 852 is a landmark case in nuisance decided by the Court of Appeal of England and Wales. It decides that what constitutes reasonable use of one's property depends on the character of the locality and that it is no defence that the plaintiff "came to the nuisance". Facts A doctor moved next door to a confectioner, who had produced sweets for sale in his kitchen for many years. The doctor constructed a small shed for the purpose of private practice. He built the shed on the boundary. However, the loud noises from the confectioner's industrial mortars and pestles could be clearly heard, disrupting his use and enjoyment of his land. He sought an injunction. The facts were described by Thesiger LJ in the Court of Appeal as follows, Judgment The Court of Appeal held that the fact the doctor had "come to the nuisance", by which the Judge meant moved to an area where the nuisance had been operating for years without harming anyone, was no defen ...
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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 ...
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English Nuisance Cases
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 * Englis ...
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Lord Lindley Cases
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are entitled to courtesy titles. The collective "Lords" can refer to a group or body of peers. Etymology According to the Oxford Dictionary of English, the etymology of the word can be traced back to the Old English word ''hlāford'' which originated from ''hlāfweard'' meaning "loaf-ward" or "bread-keeper", reflecting the Germanic tribal custom of a chieftain providing food for his followers. The appellation "lord" is primarily applied to men, while for women the appellation " lady" is used. This is no longer universal: the Lord of Mann, a title previously held by the Queen of the United Kingdom, and female Lords Mayor are examples of women who are styled as "Lord". Historical usage Feudalism Under the feudal system, "lord" had ...
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Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ...
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