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Rylands V. Fletcher
''Rylands v Fletcher'' (1868) LR 3 HL 330 is a leading decision by the House of Lords which established a new area of English tort law. It established the rule that one's non-natural use of their land, which leads to another's land being damaged as a result of dangerous things emanating from the land, is strictly liable.Bohlen (1911) 300 Rylands employs contractors to build a reservoir. As a result of negligent work done, the reservoir burst and flooded a neighbouring mine, run by Fletcher, causing £937 worth of damage (). Fletcher brought a claim under negligence against Rylands. At the court of first instance, the majority ruled in favour of Rylands. Bramwell B, dissenting, argued that the claimant had the right to enjoy his land free of interference from water, and that Rylands was guilty of trespass and the commissioning of a nuisance. Bramwell's argument was affirmed by the Court of Exchequer Chamber and the House of Lords, leading to the development of the "Rule in ''Ryla ... [...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 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 became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assizes
The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes exercised both civil and criminal jurisdiction, though most of their work was on the criminal side. The assizes heard the most serious cases, which were committed to it by the quarter sessions (local county courts held four times per year), while the more minor offences were dealt with summarily by justices of the peace in petty sessions (also known as magistrates' courts). The word ''assize'' refers to the sittings or sessions (Old French ''assises'') of the judges, known as "justices of assize", who were judges who travelled across the seven circuits of England and Wales on commissions of "oyer and terminer", setting up court and summoning juries at the various assize towns. Etymology Middle English < |
Nicholas Conyngham Tindal
Sir Nicolas Conyngham Tindal, PC (12 December 1776 – 6 July 1846) was a celebrated English lawyer who successfully defended the then Queen of the United Kingdom, Caroline of Brunswick, at her trial for adultery in 1820. As Chief Justice of Common Pleas, an office he held with distinction from 1829 to 1846, he was responsible for the inception of the special verdict " Not Guilty by reason of insanity" at the trial of Daniel M'Naghten. Judge Tindal was born in the Moulsham area of Chelmsford, where 199 Moulsham Street is today, and the site is marked with a commemorative plaque. Background Tindal's father, Robert Tindal, was an attorney in Chelmsford, where his family had lived at Coval Hall for three generations. His great-grandfather, Nicolas Tindal, was the translator and continuer of the ''History of England'' by Paul de Rapin – a seminal work in its day – and he was also the great great grandnephew of Matthew Tindal, the deist and author of ''Christianity as Ol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Baird V Williamson
Baird may refer to: Places United States * Baird, Mississippi, an unincorporated community * Baird, Missouri, an unincorporated community * Baird, Texas, a city * Baird, Washington, a community * Baird Mountains, Alaska * Baird Inlet, Alaska Elsewhere * Baird, Hastings, a local government ward in the county of East Sussex, England * Baird Island, Queensland, Australia * Baird Peninsula, Nunavut, Canada People * Baird (surname) * Baird (given name) Historic American buildings * Baird Cottage, Harrietstown, New York *Baird Hardware Company Warehouse, Gainesville, Florida, also known as the Baird Center *Baird House (other), two houses *Baird Law Office, Green Bay, Wisconsin *Baird's Tavern, in the town of Warwick, New York Brands and organizations *Baird Ornithological Club, in Reading, Pennsylvania, founded in 1921 * Robert W. Baird & Co., a financial services company *A brand of television sold by BrightHouse Other *Baird baronets, five titles, three in the Barone ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1st Earl Cairns
First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and record producer Albums * ''1st'' (album), a 1983 album by Streets * ''1st'' (Rasmus EP), a 1995 EP by The Rasmus, frequently identified as a single * '' 1ST'', a 2021 album by SixTones * ''First'' (Baroness EP), an EP by Baroness * ''First'' (Ferlyn G EP), an EP by Ferlyn G * ''First'' (David Gates album), an album by David Gates * ''First'' (O'Bryan album), an album by O'Bryan * ''First'' (Raymond Lam album), an album by Raymond Lam * ''First'', an album by Denise Ho Songs * "First" (Cold War Kids song), a song by Cold War Kids * "First" (Lindsay Lohan song), a song by Lindsay Lohan * "First", a song by Everglow from ''Last Melody'' * "First", a song by Lauren Daigle * "First", a song by Niki & Gabi * "First", a song by Jonas Broth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duncan McNeill, 1st Baron Colonsay
Duncan McNeill, 1st Baron Colonsay FRSE (20 August 1793 – 31 January 1874) was a Scottish advocate, judge and Tory politician. He was Lord Justice General and Lord President of the Court of Session between 1852 and 1867. His younger brother was the physician and diplomat Sir John McNeill. Background and education McNeill was born on the island of Oronsay in the Inner Hebrides, the son of John McNeill (1767–1846), laird of Colonsay and Oronsay, and his wife Hester (née McNeill). Educated at St Andrew's University where he graduated MA in 1809.. He served his apprenticeship in Edinburgh under Michael Linning WS, based at 6 St James Square. He became a member of the Faculty of Advocates in 1816. He was the presumptive father of philosopher Edmund Montgomery. Political, legal and judicial career He was Advocate Depute in Edinburgh 1820 to 1824. MacNeill was appointed Sheriff of Perthshire in 1824. He served under Sir Robert Peel as Solicitor General for Scotland from 1834 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cox V Burbidge
Cox may refer to: * Cox (surname), including people with the name Companies * Cox Enterprises, a media and communications company ** Cox Communications, cable provider ** Cox Media Group, a company that owns television and radio stations ** Cox Automotive, an Atlanta-based business unit of Cox Enterprises * Cox Models, aka Cox Hobbies * Cox Sports, a regional sports network that served the United States New England region until 2012 Places Antarctica * Cox Glacier * Cox Nunatak * Cox Peaks * Cox Point * Cox Reef United States * Cox, Florida * Cox, Missouri * Cox College (Georgia), a defunct private women's college located in College Park, Georgia * Cox College (Missouri), a private college in Springfield, Missouri * Cox Furniture Store, c. 1890, a historic site in Gainesville, Florida * Cox Furniture Warehouse, a historic site in Gainesville, Florida * Cox Run, a tributary of Little Muncy Creek in Lycoming County, Pennsylvania * Cox site Elsewhere * Cox Island, Canad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scienter
In law, (Law Latin for "knowingly", ) is a legal term for intent or knowledge of wrongdoing. An offending party then has knowledge of the "wrongness" of an act or event prior to committing it. For example, if a man sells a car with brakes that do not work to his friend, but the seller does not know about the brake problem, the seller then has no . If he sells the car and knew of the problem before he sold the car, he has . Scienter action in tort law The scienter action is a category within tort law in some common law jurisdictions that deals with the damage done by an animal directly to a human. It had a long history in English law until it was abolished by the Animals Act 1971. An action in the common law jurisdictions in which it has not been extinguished by statute is in addition to the torts of negligence and nuisance or more bespoke torts like cattle trespass. If an animal is known to behave in a certain way and is expressed on a person causing injury, an action can be take ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vis Major
''Vis major'' (; in Latin ‘a superior force’) is a greater or superior force; an irresistible force. It may be a loss that results immediately from a natural cause that could not have been prevented by the exercise of prudence, diligence and care. It is also termed as ''vis divina'' or superior force. It is an irresistible violence; inevitable accident or act of God. Its nature and power absolutely uncontrollable, for example, the inroads of a hostile army or forcible robberies, may relieve from liability from contract. This term has specific meaning in regard to strict liability. Strict liability in the law of torts allows for the accrual of liability against an actor where there is no fault or proximate cause given the damages arose from their participation in an ultrahazardous activity, i.e. blasting, damming of water, etc. However, "vis major" offers an exception to such liability. In ''Fletcher v. Rylands'' In the Exchequer Chamber, L.R. 1 Ex. 265, 1866, affirmed in the Hou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prima Facie
''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' ('face'), both in the ablative case. In modern, colloquial and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. Burde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Colin Blackburn, Baron Blackburn
Colin Blackburn, Baron Blackburn, (18 May 1813 – 8 January 1896) was a Scottish judge who is remembered as one of the greatest exponents of the common law. At one point, Blackburn was a judge in the Court of Exchequer Chamber. On 16 October 1876, he became the first person to be made a law lord under the terms of the newly passed Appellate Jurisdiction Act. Life He was the second son of John Blackburn of Killearn, Stirlingshire, and Rebecca, daughter of the Rev. Colin Gillies. He was born on 18 May 1813. His elder brother, Peter Blackburn, represented Stirlingshire in the conservative interest in the parliament of 1859–65. His younger brother was the mathematician Hugh Blackburn. The future judge was educated at the Edinburgh Academy, Eton and Trinity College, Cambridge, in which university he graduated B.A. (eighth wrangler) in 1835, and proceeded M.A. in 1838. In 1870, he received the honorary degree of LL.D. from the University of Edinburgh. Admitted on 20 April 1835, st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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