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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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alfred Thesiger
Alfred Henry Thesiger PC QC (15 July 1838 – 20 October 1880), styled The Hon. Alfred Thesiger from 1858 to 1877 and The Rt Hon. Lord Justice Thesiger from 1877, was a British lawyer and judge. Early life Thesiger was the third son of Lord Chancellor Frederic Thesiger, 1st Baron Chelmsford, by his wife Anna Maria (née Tinling). He played one first-class cricket match for the Marylebone Cricket Club in 1861. Career He was Attorney-General to the Prince of Wales and was appointed a Queen's Counsel in 1873. In 1877, at the age of 37, he was made a Lord Justice of Appeal and sworn of the Privy Council. In the summer of 1877 Thesiger, took on the Arbitration of Doctor Thomas Barnardo as his legal counsel at the behest of the Evangelical Lord Chancellor, Lord Cairns. (p. 105 ''"Slumming" Seth Koven'') Judgments *''The Household Fire and Carriage Accident Insurance Company (Limited) v Grant'' (1878–79) LR 4 Ex D 216 - English contract law concerning the "postal rule", and con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bermondsey
Bermondsey () is a district in southeast London, part of the London Borough of Southwark, England, southeast of Charing Cross. To the west of Bermondsey lies Southwark, to the east Rotherhithe and Deptford, to the south Walworth and Peckham, and to the north is Wapping across the River Thames. It lies within the historic county boundaries of Surrey. History Toponymy Bermondsey may be understood to mean ''Beornmund''s island; but, while ''Beornmund'' represents an Old English personal name, identifying an individual once associated with the place, the element "-ey" represents Old English ''eg'', for "island", "piece of firm land in a fen", or simply a "place by a stream or river". Thus Bermondsey need not have been an island as such in the Anglo-Saxon period, and is as likely to have been a higher, drier spot in an otherwise marshy area. Though Bermondsey's earliest written appearance is in the Domesday Book of 1086, it also appears in a source which, though surviving only in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1879 In British Law
Events January–March * January 1 – The Specie Resumption Act takes effect. The United States Note is valued the same as gold, for the first time since the American Civil War. * January 11 – The Anglo-Zulu War begins. * January 22 – Anglo-Zulu War – Battle of Isandlwana: A force of 1,200 British soldiers is wiped out by over 20,000 Zulu warriors. * January 23 – Anglo-Zulu War – Battle of Rorke's Drift: Following the previous day's defeat, a smaller British force of 140 successfully repels an attack by 4,000 Zulus. * February 3 – Mosley Street in Newcastle upon Tyne (England) becomes the world's first public highway to be lit by the electric incandescent light bulb invented by Joseph Swan. * February 8 – At a meeting of the Royal Canadian Institute, engineer and inventor Sandford Fleming first proposes the global adoption of standard time. * March 3 – United States Geological Survey is founded. * March 11 – Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1879 In Case Law
Events January–March * January 1 – The Specie Resumption Act takes effect. The United States Note is valued the same as gold, for the first time since the American Civil War. * January 11 – The Anglo-Zulu War begins. * January 22 – Anglo-Zulu War – Battle of Isandlwana: A force of 1,200 British soldiers is wiped out by over 20,000 Zulu warriors. * January 23 – Anglo-Zulu War – Battle of Rorke's Drift: Following the previous day's defeat, a smaller British force of 140 successfully repels an attack by 4,000 Zulus. * February 3 – Mosley Street in Newcastle upon Tyne (England) becomes the world's first public highway to be lit by the electric incandescent light bulb invented by Joseph Swan. * February 8 – At a meeting of the Royal Canadian Institute, engineer and inventor Sandford Fleming first proposes the global adoption of standard time. * March 3 – United States Geological Survey is founded. * March 11 – The Ry ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Journal Of Law And Economics
''The Journal of Law and Economics'' is an academic journal published by the University of Chicago Press. It publishes articles on the economic analysis of regulation and the behavior of regulated firms, the political economy of legislation and legislative processes, law and finance, corporate finance and governance, and industrial organization. The journal is sponsored by the University of Chicago Law School. The journal was founded by Aaron Director at the University of Chicago in 1958, and Ronald Coase joined him later as the co-editor. The journal played an important role in the formation of the field Law and Economics Law and economics, or economic analysis of law, is the application of microeconomic theory to the analysis of law, which emerged primarily from scholars of the Chicago school of economics. Economic concepts are used to explain the effects of laws .... References External links * {{DEFAULTSORT:Journal of Law and Economics, The Law and economics journa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Problem Of Social Cost
"The Problem of Social Cost" (1960) by Ronald Coase, then a faculty member at the University of Virginia, is an article dealing with the economic problem of externalities. It draws from a number of English legal cases and statutes to illustrate Coase's belief that legal rules are only justified by reference to a cost–benefit analysis, and that nuisances that are often regarded as being the fault of one party are more symmetric conflicts between the interests of the two parties. If there are sufficiently low costs of doing a transaction, legal rules would be irrelevant to the maximization of production. Because in the real world there are costs of bargaining and information gathering, legal rules are justified to the extent of their ability to allocate rights to the most efficient right-bearer. Along with an earlier article, “The Nature of the Firm”, "The Problem of Social Cost" was cited by the Nobel committee when Coase was awarded the Nobel Memorial Prize in Economic Scien ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Master Of The Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of the Rolls is second in seniority in England and Wales only to the Lord Chief Justice of England and Wales, Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that. The Master of the Rolls was initially a clerk responsible for keeping the "Rolls" or records of the Court of Chancery, and was known as the Keeper of the Rolls of Chancery. The Keeper was the most senior of the dozen Chancery clerks, and as such occasionally acted as keeper of the Great Seal of the Realm. The post evolved into a judicial one as the Court of Chancery did; the first reference to judicial duties dates from 1520. With the Supreme Court of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Curtilage
In common law, the curtilage of a house or dwelling is the land immediately surrounding it, including any closely associated buildings and structures, but excluding any associated " open fields beyond". In feudal times every castle with its dependent buildings was protected by a surrounding wall, and all the land within the wall was termed the curtilage. The term excludes any closely associated buildings, structures, or divisions that contain the separate intimate activities of their own respective occupants, with those occupying residents being persons other than those residents of the house or dwelling of which the building is associated. In some legal jurisdictions, the curtilage of a dwelling forms an exterior boundary, within which a home owner can have a reasonable expectation of privacy and where "intimate home activities" take place. It is a basic legal concept underlying the concepts of search and seizure, conveyancing of real property, burglary, trespass, self-defense, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Nuisance
In English criminal law, public nuisance was a common law offence in which the injury, loss, or damage is suffered by the public, in general, rather than an individual, in particular. In Australia In ''Kent v Johnson'' the Supreme Court of the ACT held that public nuisance is "an unlawful act or omission ... which endangers the lives, safety, health, property or comfort of the public or by which the public are obstructed in the exercise or enjoyment of any right common to all".''Kent v Johnson (Minister of State for Works)'' (1973) 2 ACTR 1; (1973) 21 FLR 177, Supreme Court (ACT, Australia). And also, public nuisance is a criminal offense at some common law and by statute under some states. To establish a prima facie case of public nuisance, a private individual will have to prove: (1) title to sue, (2) that the interference is with a public right and (3) that the defendant's interference is substantial and unreasonable. * (1): title to sue In the case ''Walsh v Ervin'',. as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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