The Humber Ferryman’s Case
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The Humber Ferryman’s Case
''Bukton v Tounesende'' or ''The Humber Ferryman's case'' (1348) B&M 358J Baker and Milsom, ''Sources of English Legal History'' (1986) 358 is an English contract law case. Facts Nicholas Tounesende of Helle undertook to ferry John Bukton's horse across the Humber river. Tounesende overloaded the boat with horses and Bukton’s horse fell overboard. Bukton sued in tort, for trespass. There was no sealed document, and under previous law it had been required to sue for breach of a covenant. So Tounesende argued that the action should be brought in covenant. The King's Bench had travelled away from Westminster and had arrived in York. Judgment The King's Bench held the action could rightly be brought in tort. The claim was against the killing of the horse, and not merely the failure to transport it. Accordingly no documentary proof of a covenant was needed. See also *English contract law English contract law is the body of law that regulates legally binding agreements in Engl ...
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Humber
The Humber is a large tidal estuary on the east coast of Northern England. It is formed at Trent Falls, Faxfleet, by the confluence of the tidal rivers Ouse and Trent. From there to the North Sea, it forms part of the boundary between the East Riding of Yorkshire on the north bank and North Lincolnshire on the south bank. Although the Humber is an estuary from the point at which it is formed, many maps show it as the River Humber. Below Trent Falls, the Humber passes the junction with the Market Weighton Canal on the north shore, the confluence of the River Ancholme on the south shore; between North Ferriby and South Ferriby and under the Humber Bridge; between Barton-upon-Humber on the south bank and Kingston upon Hull on the north bank (where the River Hull joins), then meets the North Sea between Cleethorpes on the Lincolnshire side and the long and thin headland of Spurn Head to the north. Ports on the Humber include the Port of Hull, the Port of Grimsby and the P ...
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English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ...
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Horse
The horse (''Equus ferus caballus'') is a domesticated, one-toed, hoofed mammal. It belongs to the taxonomic family Equidae and is one of two extant subspecies of ''Equus ferus''. The horse has evolved over the past 45 to 55 million years from a small multi-toed creature, ''Eohippus'', into the large, single-toed animal of today. Humans began domesticating horses around 4000 BCE, and their domestication is believed to have been widespread by 3000 BCE. Horses in the subspecies ''caballus'' are domesticated, although some domesticated populations live in the wild as feral horses. These feral populations are not true wild horses, as this term is used to describe horses that have never been domesticated. There is an extensive, specialized vocabulary used to describe equine-related concepts, covering everything from anatomy to life stages, size, colors, markings, breeds, locomotion, and behavior. Horses are adapted to run, allowing them to quickly escape predators, and po ...
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Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ...
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Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery";''Johnson v. Glick'', battery, "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it"; and false imprisonment, the " or of freedom from restraint of movement".''Broughton v. New York'', 37 N.Y.2d 451, 456–7 Trespass to chattel does not require a showing of damages. Simply the "intermeddling with or use of … the personal property" of another gives cau ...
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Court Of King's Bench (England)
The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the '' curia regis'', the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice (now the Lord Chief Justice of England and Wales) and usually three Puisne Justices. In the 15th and 16th centuries, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equitable doctrines as one of the two principal common law courts along with the Common Pleas. To recov ...
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Westminster
Westminster is an area of Central London, part of the wider City of Westminster. The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, Buckingham Palace, Westminster Abbey, Westminster Cathedral and much of the West End shopping and entertainment district. The name ( ang, Westmynstre) originated from the informal description of the abbey church and royal peculiar of St Peter's (Westminster Abbey), west of the City of London (until the English Reformation there was also an Eastminster, near the Tower of London, in the East End of London). The abbey's origins date from between the 7th and 10th centuries, but it rose to national prominence when rebuilt by Edward the Confessor in the 11th. Westminster has been the home of England's government since about 1200, and from 1707 the Government of the United Kingdom. In 1539, it became a city. Westminster is often used as a m ...
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York
York is a cathedral city with Roman origins, sited at the confluence of the rivers Ouse and Foss in North Yorkshire, England. It is the historic county town of Yorkshire. The city has many historic buildings and other structures, such as a minster, castle, and city walls. It is the largest settlement and the administrative centre of the wider City of York district. The city was founded under the name of Eboracum in 71 AD. It then became the capital of the Roman province of Britannia Inferior, and later of the kingdoms of Deira, Northumbria, and Scandinavian York. In the Middle Ages, it became the northern England ecclesiastical province's centre, and grew as a wool-trading centre. In the 19th century, it became a major railway network hub and confectionery manufacturing centre. During the Second World War, part of the Baedeker Blitz bombed the city; it was less affected by the war than other northern cities, with several historic buildings being gutted and restore ...
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English Contract 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 * Englis ...
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1340s In Law
134 may refer to: *134 (number) *AD 134 *134 BC *134 (MBTA bus) *134 (New Jersey bus) 134 may refer to: *134 (number) * AD 134 *134 BC *134 (MBTA bus) The Massachusetts Bay Transportation Authority bus division operates bus routes in the Boston, Massachusetts metropolitan area. All routes connect to MBTA subway, MBTA Commuter Ra ...
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