Roles V Nathan
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Roles V Nathan
''Roles v. Nathan (t/a Manchester Assembly Rooms)'' 9631 W.L.R. 1117, 9632 All E.R. 908 is an occupiers' liability case in English tort law. It concerns s.2(3)(b) of the Occupiers' Liability Act 1957, which states, "An occupier may expect that a person, in the exercise of his calling, will appreciate and guard against special risks ordinarily incident to it, so far as the occupier leaves him free to do so." It also laid down an example of the scope of an occupier's defence when workmen are warned of some danger before they do a job at the occupier's premises. The judges in the Court of Appeal were Lord Denning MR, Harman LJ and (in dissent) Pearson LJ. Facts Two chimney sweeps were sealing up a sweep hole in a flue. Carbon monoxide came through. They had been warned repeatedly, and told not to stay in too long, and not to work while a fire was alight. Once already, they had been dragged out for not doing as they were told. They died while working when the fire was burning. The ...
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Occupiers' Liability
Premises liability (known in some common law jurisdictions as occupiers' liability) is the liability that a landowner or occupier has for certain torts that occur on their land. Scope of the law Premises liability may range from things from "injuries caused by a variety of hazardous conditions, including open excavations, uneven pavement, standing water, crumbling curbs, wet floors, uncleared snow, icy walks, falling objects, inadequate security, insufficient lighting, concealed holes, improperly secured mats, or defects in chairs or benches". For premises liability to apply: # The defendant must possess the land or " premises". # The plaintiff must be an invitee or, in certain cases, a licensee. Traditionally, trespassers were not protected under premises liability law. However, in 1968, the California Supreme Court issued a vastly influential opinion, ''Rowland v. Christian'', 69 Cal.2d 108 (1968), which abolished the significance of legal distinctions such as invitee, ...
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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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Occupiers' Liability Act 1957
The Occupiers' Liability Act 1957 (c. 31) is an Act of the Parliament of the United Kingdom that covers occupiers' liability. The result of the Third Report of the Law Reform Committee, the Act was introduced to Parliament as the Occupiers' Liability Bill and granted the Royal Assent on 6 June 1957, coming into force on 1 January 1958. The Act unified several classes of visitors to property and the duty of care owed to them by the occupier, as well as codifying elements of the common law relating to this duty of care. It also covered the duty owed to parties to a contract entering the property and ways of excluding the liability for visitors. The Act introduced an element of liability for landlords who failed to maintain their properties and were as a result responsible for the injury of a non-tenant, something counter to the previous common law rule in English law. The Act is still valid law, and forms much of the law relating to occupiers' liability in English law along with th ...
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Alfred Denning, Baron Denning
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not concern ...
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Charles Harman
Sir Charles Eustace Harman (22 November 1894 – 14 November 1970) was an English lawyer and judge who was a Lord Justice of Appeal from 1959 to his retirement in mid-1970. He was born in Kensington, the son of John Eustace Harman (1861–1927), barrister of Lincoln's Inn, and his wife, Ethel Frances ''née'' Birch, of Onslow Square, central London. He was educated at Eton College and King's College, Cambridge. His brother John Augustus (Jack), only a year and a half his senior, was killed in a 1917 flying accident, as part of his war service with the Royal Flying Corps. Charles's own university career was interrupted by World War I. He was wounded within the first year, at the Battle of Loos, and spent the rest of the war as a prisoner; he used the time to improve his languages.Denys B. Buckley, ‘Harman, Sir Charles Eustace (1894–1970)’, rev. ''Oxford Dictionary of National Biography'', Oxford University Press, 200accessed 14 Sept 2015/ref> Harman was appointed a Ju ...
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Carbon Monoxide
Carbon monoxide (chemical formula CO) is a colorless, poisonous, odorless, tasteless, flammable gas that is slightly less dense than air. Carbon monoxide consists of one carbon atom and one oxygen atom connected by a triple bond. It is the simplest molecule of the oxocarbon family. In coordination complexes the carbon monoxide ligand is called carbonyl. It is a key ingredient in many processes in industrial chemistry. The most common source of carbon monoxide is the partial combustion of carbon-containing compounds, when insufficient oxygen or heat is present to produce carbon dioxide. There are also numerous environmental and biological sources that generate and emit a significant amount of carbon monoxide. It is important in the production of many compounds, including drugs, fragrances, and fuels. Upon emission into the atmosphere, carbon monoxide affects several processes that contribute to climate change. Carbon monoxide has important biological roles across phylogenetic ...
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General Cleaning Contractors V
A general officer is an officer of high rank in the armies, and in some nations' air forces, space forces, and marines or naval infantry. In some usages the term "general officer" refers to a rank above colonel."general, adj. and n.". OED Online. March 2021. Oxford University Press. https://www.oed.com/view/Entry/77489?rskey=dCKrg4&result=1 (accessed May 11, 2021) The term ''general'' is used in two ways: as the generic title for all grades of general officer and as a specific rank. It originates in the 16th century, as a shortening of ''captain general'', which rank was taken from Middle French ''capitaine général''. The adjective ''general'' had been affixed to officer designations since the late medieval period to indicate relative superiority or an extended jurisdiction. Today, the title of ''general'' is known in some countries as a four-star rank. However, different countries use different systems of stars or other insignia for senior ranks. It has a NATO rank scal ...
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London Graving Dock Co
London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a major settlement for two millennia. The City of London, its ancient core and financial centre, was founded by the Roman Empire, Romans as ''Londinium'' and retains its medieval boundaries.See also: Independent city#National capitals, Independent city § National capitals The City of Westminster, to the west of the City of London, has for centuries hosted the national Government of the United Kingdom, government and Parliament of the United Kingdom, parliament. Since the 19th century, the name "London" has also referred to the metropolis around this core, historically split between the Counties of England, counties of Middlesex, Essex, Surrey, Kent, and Hertfordshire, which largely comprises Greater London ...
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Greene V
Greene may refer to: Places United States *Greene, Indiana, an unincorporated community *Greene, Iowa, a city *Greene, Maine, a town **Greene (CDP), Maine, in the town of Greene *Greene (town), New York **Greene (village), New York, in the town of Greene *Greene, Rhode Island, a village and census-designated place *Greene County (other), 14 counties *Greene Township, Pennsylvania (other), seven townships *Greene Mountain - see List of mountains in Virginia * Greene Island (Rhode Island) *Camp Greene, a former United States Army facility in Charlotte, North Carolina Canada *Greene Island (Lake Ontario), an island in Lake Ontario *Greene Island (Lake Huron), an island in Lake Huron People *Greene C. Bronson (1789–1863), American lawyer and politician Other uses *, a World War II destroyer *Greene Avenue (Montreal), Quebec, Canada *The Greene Town Center, also known as The Greene, a mixed-use, office, retail, dining and entertainment center in Beavercreek, Oh ...
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Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ...
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Lord Denning Cases
A list of cases involving Lord Denning is bound to be incomplete, since he delivered around 2000 reported judgments. Lord Denning served as a judge for nearly 40 years, from 1944 to 1982. He often played a decisive role in developing the law and was influential around the Commonwealth and common law world. Counsel *''L'Estrange v F Graucob Ltd'' 9342 KB 394 High Court *'' Fletcher v Fletcher'' 9451 All ER 582, 61 TLR 354, Denning approves the divorce of a husband who deserted wife by withdrawing sexual intercourse and joining a religious community. *''Central London Property Trust Ltd v High Trees House Ltd'' 947KB 130, Denning resurrects the lost doctrine of promissory estoppel. Court of Appeal *'' Hain Steampship Co Ltd v Minister of Food'' 9491 All ER 444 (C.A.) *''Olley v Marlborough Court Hotel'' 9491 KB 532, on exclusion clauses in contract law. *'' Metropolitan Borough and the Town Clerk of Lewisham v Roberts'' 9492 K.B. 608 (C.A.) — Dissenting, an executive body sh ...
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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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