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Thin Skull Doctrine
The eggshell rule (also thin skull rule, papier-mâché-plaintiff rule, or talem qualem rule) is a well-established legal doctrine in common law, used in some tort law systems, with a similar doctrine applicable to criminal law. The rule states that, in a tort case, the unexpected frailty of the injured person is not a valid defense to the seriousness of any injury caused to them. Law This rule holds that a tortfeasor is liable for all consequences resulting from their tortious (usually negligent) activities leading to an injury to another person, even if the victim suffers an unusually high level of damage (e.g. due to a pre-existing vulnerability or medical condition).. The eggshell skull rule takes into account the physical, social, and economic attributes of the plaintiff which might make them more susceptible to injury.''Nader v Urban Transit Authority of NSW'' (1985) 2 NSWLR 501, Court of Appeal (NSW, Australia) per McHugh JALawCite records. It may also take into accou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Remand (court Procedure)
Remand is when higher courts send cases back to lower courts for further action. In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal appellate courts, including the Supreme Court, have the power to "remand cause icand ... require such further proceedings to be had as may be just under the circumstances.". This includes the power to make summary "grant, vacate and remand" (GVR) orders.''Lawrence v. Chater'', (per curiam), p. 166. Appellate courts remand cases whose outcome they are unable to finally determine. For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a motion. In common law jurisdictions, remand refers to the adjournment (continuance) of criminal proceedings, when the accused is either remanded in custody or on bail. Appellate courts are said to remit matters to lower courts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reversal (law)
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vosburg V
Vosburg is a town 61 km west of Britstown, in the Northern Cape province of South Africa. The town has relatively low crime rate and features many 18th century buildings. Town 100 km north-north-west of Victoria West Victoria West is a town in the central Karoo region of South Africa's Northern Cape province. It is situated on the main N12 route, at an elevation of . It is the seat of the Ubuntu Local Municipality within the Pixley ka Seme District Municipal ..., 70 km west of Britstown and 94 km north-east of Carnarvon. It was founded in 1895 and became a municipality in 1897. Named after the Vos family, who owned the farm on which it was laid out. History The town was established on the farm ''Processfontein'' in 1895 and was named after Mr J Vos and the Van Rensburg family. References Populated places in the Kareeberg Local Municipality Karoo Populated places established in 1895 1895 establishments in the British Empire {{NorthernC ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Supreme Court
In the United States, a state supreme court (known by #Terminology, other names in some states) is the supreme court, highest court in the State court (United States), state judiciary of a U.S. state. On matters of State law (United States), state law, the judgment of a state supreme court is considered final and binding in both state and federal courts. Generally, a state supreme court, like most appellate tribunals, is exclusively for hearing appeals of legal issues. Although state supreme court rulings on matters of state law are final, rulings on matters of federal law can be appealed to the Supreme Court of the United States. Each state supreme court consists of a panel of judges selected by methods outlined in the State constitution (United States), state constitution. Among the most common methods for selection are gubernatorial appointment, non-partisan election, and partisan election, but the different states follow a variety of procedures. Role and powers Under the s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Premalignant
A precancerous condition is a condition, tumor or lesion involving abnormal cells which are associated with an increased risk of developing into cancer. Clinically, precancerous conditions encompass a variety of abnormal tissues with an increased risk of developing into cancer. Some of the most common precancerous conditions include certain colon polyps, which can progress into colon cancer, monoclonal gammopathy of undetermined significance, which can progress into multiple myeloma or myelodysplastic syndrome. and cervical dysplasia, which can progress into cervical cancer. Bronchial premalignant lesions can progress to squamous cell carcinoma of the lung. Pathologically, precancerous tissue can range from benign neoplasias, which are tumors which don't invade neighboring normal tissues or spread to distant organs, to dysplasia, a collection of highly abnormal cells which, in some cases, has an increased risk of progressing to anaplasia and invasive cancer which is life-threate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smith V Leech Brain & Co
Smith v Leech Brain & Co 9622 QB 405 is a landmark English tort law case in negligence, concerning remoteness of damage or causation in law. It marked the establishment of the eggshell skull rule, the idea that an individual is held responsible for the full consequences of his negligence, regardless of extra, or special damage caused to others. Facts The defendant company employed the plaintiff victim as a galvaniser whose duties included using a crane to lift metal items and immerse them into a tank of molten zinc. While doing so, an object spattered out from the tank and burned him on the lip. This burn was the "promoting agent" of a cancer from which he died three years later. The employer's negligence in respect to the burn was not disputed, and was determined to have caused the claimant's death. The important legal issue, however, was that the claimant had a predisposition to the cancer in his skin tissue. The issue for the court to resolve was whether the cancer was too r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clavicle
The clavicle, or collarbone, is a slender, S-shaped long bone approximately 6 inches (15 cm) long that serves as a strut between the shoulder blade and the sternum (breastbone). There are two clavicles, one on the left and one on the right. The clavicle is the only long bone in the body that lies horizontally. Together with the shoulder blade, it makes up the shoulder girdle. It is a palpable bone and, in people who have less fat in this region, the location of the bone is clearly visible. It receives its name from the Latin ''clavicula'' ("little key"), because the bone rotates along its axis like a key when the shoulder is abducted. The clavicle is the most commonly fractured bone. It can easily be fractured by impacts to the shoulder from the force of falling on outstretched arms or by a direct hit. Structure The collarbone is a thin doubly curved long bone that connects the arm to the trunk of the body. Located directly above the first rib, it acts as a strut to k ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Osteogenesis Imperfecta
Osteogenesis imperfecta (; OI), colloquially known as brittle bone disease, is a group of genetic disorders that all result in bones that break easily. The range of symptoms—on the skeleton as well as on the body's other organs—may be mild to severe. Symptoms found in various types of OI include whites of the eye (sclerae) that are blue instead, short stature, loose joints, hearing loss, breathing problems and problems with the teeth (dentinogenesis imperfecta). Potentially life-threatening complications, all of which become more common in more severe OI, include: tearing ( dissection) of the major arteries, such as the aorta; pulmonary valve insufficiency secondary to distortion of the ribcage; and basilar invagination. The underlying mechanism is usually a problem with connective tissue due to a lack of, or poorly formed, type I collagen. In more than 90% of cases, OI occurs due to mutations in the ''COL1A1'' or ''COL1A2'' genes. These mutations may be inherited ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crumbling Skull Rule
The crumbling skull rule is a well-established legal doctrine used in some tort law 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 punishabl ... systems. It holds that where a plaintiff had a condition or injury that predates the tort and would have naturally deteriorated or worsened over time (e.g. a crumbling skull), the defendant is not responsible to the degree that the condition or injury would have naturally worsened over time. A defendant is only liable for the degree the injury was worsened or the hastening or acceleration of the damage caused by the tort. The crumbling skull rule should not be confused with the related thin skull rule. The concept is sometimes applied without specific reference to the crumbling skull rule, instead being expressed as a non-absolute application o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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