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Rose V Plenty
''Rose v Plenty'' 9761 WLR 141 is an English tort law case, on the issue of where an employee is acting within the course of their employment. Vicarious liability was tenuously found under John William Salmond's test for course of employment, which states that an employer will be held liable for either a wrongful act they have authorised, or a wrongful and unauthorised mode of an act that was authorised. Facts Mr Plenty was a milkman under employment in Bristol by the Co-operative Retail Services Ltd, since Easter of 1970. At the depot where he worked, there was a prohibition on allowing children onto any vehicle, with evidence that the employers and trade unions had attempted to stop such behaviour. There were signs to this effect, which were large and visible to employees; one such stated: "Children and young persons must not in any circumstances be employed by you in the performance of your duties.9761 WLR 141, p. 143. However, children still persisted in going to the depot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tom 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 conce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Vicarious Liability 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 * En ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vicarious Liability In English Law
Vicarious liability in English law is a doctrine of English tort law that imposes strict liability on employers for the wrongdoings of their employees. Generally, an employer will be held liable for any tort committed while an employee is conducting their duties.Markesinis, Johnston, Deakin, p. 665 This liability has expanded in recent years following the decision in ''Lister v Hesley Hall Ltd'' to better cover intentional torts, such as sexual assault and deceit. Historically, it was held that most intentional wrongdoings were not in the course of ordinary employment, but recent case law suggests that where an action is closely connected with an employee's duties, an employer can be found vicariously liable. The leading case is now the Supreme Court decision in '' Catholic Child Welfare Society v Institute of the Brothers of the Christian Schools'', which emphasised the concept of "enterprise risk". Justification for such wide recovery has been made in several areas. The first is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frederick Lawton (judge)
Sir Frederick Horace Lawton (21 December 1911 – 3 February 2001) was a British barrister and judge who served as Lord Justice of Appeal from 1972 to 1986. Early life and career Frederick Lawton was born in Wandsworth, London, the son of William John Lawton and Ethel, ''née'' Hanley. His father, a former insurance agent, had joined the Prison Service, and became Governor of Wandsworth Prison, the first prison governor to rise from the ranks. He was educated at Battersea Grammar School and then at Corpus Christi College, Cambridge, where he took first-class honours in part one of the History tripos and an upper second-class honours in part two of the Law tripos. After flirting with Communism there, Lawton joined the British Union of Fascists and founded the Cambridge University Fascist Association. Early legal career Lawton was called to the bar at the Inner Temple in 1935, and joined the chambers of Norman Birkett — 1 Brick Court. As a junior barrister, he defended ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leslie Scarman, Baron Scarman
Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English judge and barrister, who served as a Law Lord until his retirement in 1986. Early life and education Scarman was born in Streatham but grew up on the border of Sussex and Surrey. He won scholarships to Radley College and then Brasenose College, Oxford, where he read Classics, graduating in 1932 with a First. Legal career He was called to the bar at the Middle Temple in 1936. He remained briefless until World War II, which he spent in the Royal Air Force as a staff officer in England, North Africa, and then continental Europe. He was present with Arthur Tedder when Alfred Jodl surrendered at Reims. He was appointed an Officer of the Order of the British Empire (OBE) in 1944. He returned to law in 1945, practising from chambers at 2, Crown Office Row, known since the 1970s as Fountain Court Chambers, and in the late 1940s and early 1950s he started to build the chambers' reputation for commer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contributory Negligence
In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own negligence. Because the contributory negligence doctrine can lead to harsh results, many common law jurisdictions have abolished it in favor of a "comparative fault" or "comparative negligence" approach. A comparative negligence approach reduces the plaintiff's damages award by the percentage of fault that the fact-finder assigns to the plaintiff for his or her own injury. For example, if a jury thinks that the plaintiff is 30% at fault for his own injury, the plaintiff's damages award will be reduced by 30%. History The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century. The English case Butterfield v. Forrester is generally recognized as the first appearance, although in this case the jud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fracture
Fracture is the separation of an object or material into two or more pieces under the action of stress. The fracture of a solid usually occurs due to the development of certain displacement discontinuity surfaces within the solid. If a displacement develops perpendicular to the surface, it is called a normal tensile crack or simply a crack; if a displacement develops tangentially, it is called a shear crack, slip band or dislocation. Brittle fractures occur with no apparent deformation before fracture. Ductile fractures occur after visible deformation. Fracture strength, or breaking strength, is the stress when a specimen fails or fractures. The detailed understanding of how a fracture occurs and develops in materials is the object of fracture mechanics. Strength Fracture strength, also known as breaking strength, is the stress at which a specimen fails via fracture. This is usually determined for a given specimen by a tensile test, which charts the stress–strain cu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bristol
Bristol () is a city, ceremonial county and unitary authority in England. Situated on the River Avon, it is bordered by the ceremonial counties of Gloucestershire to the north and Somerset to the south. Bristol is the most populous city in South West England. The wider Bristol Built-up Area is the eleventh most populous urban area in the United Kingdom. Iron Age hillforts and Roman villas were built near the confluence of the rivers Frome and Avon. Around the beginning of the 11th century, the settlement was known as (Old English: 'the place at the bridge'). Bristol received a royal charter in 1155 and was historically divided between Gloucestershire and Somerset until 1373 when it became a county corporate. From the 13th to the 18th century, Bristol was among the top three English cities, after London, in tax receipts. A major port, Bristol was a starting place for early voyages of exploration to the New World. On a ship out of Bristol in 1497, John Cabot, a Venetia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
