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The Man On The Clapham Omnibus
The man on the Clapham omnibus is a hypothetical ordinary and reasonable person, used by the courts in English law where it is necessary to decide whether a party has acted as a reasonable person would – for example, in a tort, civil action for negligence. The character is a reasonably educated, intelligent but nondescript person, against whom the defendant's conduct can be measured. The term was introduced into English law during the Victorian era, and is still an important concept in British law. It is also used in other Commonwealth of Nations, Commonwealth common law jurisdictions, sometimes with suitable modifications to the phrase as an aid to local comprehension. The route of the original "Clapham Horsebus, omnibus" is unknown but London Buses route 88 was briefly branded as "the Clapham Omnibus" in the 1990s and is sometimes associated with the term. History The phrase was reportedly first put to legal use in a judgment by Sir Richard Henn Collins Master of the Rolls, M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clapham Omnibus - Geograph
Clapham () is a suburb in south west London, England, lying mostly within the London Borough of Lambeth, but with some areas (most notably Clapham Common) extending into the neighbouring London Borough of Wandsworth. History Early history The present day Clapham High Street is on the route of a Roman road. The road is recorded on a Roman monumental stone found nearby. According to its inscription, the stone was erected by a man named Vitus Ticinius Ascanius. It is estimated to date from the 1st century. (The stone was discovered during building works at Clapham Common South Side in 1912. It is now placed by the entrance of the former Clapham Library, in the Old Town.) According to the history of the Clapham family, maintained by the College of Heralds, in 965 King Edgar of England gave a grant of land at Clapham to Jonas, son of the Duke of Lorraine, and Jonas was thenceforth known as Jonas "de fClapham". The family remained in possession of the land until Jonas's great-gr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frederick Greer, 1st Baron Fairfield
Frederick Arthur Greer, 1st Baron Fairfield, (1 October 1863 – 4 February 1945) was a British lawyer and judge. Born to a merchant and his wife, Greer became a barrister and member of Gray's Inn, practicing in Liverpool. In 1910 he became a King's Counsel, and in 1919 a judge of the High Court of Justice. In 1939 he was elevated to the peerage as Baron Fairfield. Background and education Greer was born to merchant Arthur Greer, who lived in Liverpool and the Isle of Man, and his wife, Mary Hadfield Greer, (née Moore). He was educated at Old Aberdeen Grammar School before studying mental philosophy at the University of Aberdeen, where he graduated with first-class honours and won the Fullerton scholarship. Career In 1886, he was called to the Bar at Gray's Inn after winning the Bacon and Arden scholarships, and began practising as a barrister in Liverpool, where he met Moelwyn Hughes and Rigby Swift among others. His practice steadily grew, and in 1910 he became a King ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bellwether
A bellwether is a leader or an indicator of trends.bellwether " ''Cambridge Dictionary''. Retrieved 2022-01-22. In , the term often applies in a metaphorical sense to characterize a geographic region where political tendencies match in microcosm those of a wider area, such that the result of an in the former region might predict the eventual result in the latter. In |
A Moron In A Hurry
A moron in a hurry is a phrase that has been used in legal cases, especially in the UK, involving trademark infringement and passing off. Where one party alleges that another (the defendant) has infringed their intellectual property rights by offering for sale a product that is confusably similar to their own, the court has to decide whether a reasonable person would be misled by the defendant's trademark or the get-up of their product. It has been held that "if only a moron in a hurry would be misled" the case is not made out. Although this formulation addresses only fairly extreme instances of confusibility, and says nothing about less clear examples, the phrase is sometimes referred to as a "test". UK Origin The phrase was first used by Mr Justice Foster in the 1978 English High Court case ''Morning Star Cooperative Society v Express Newspapers Limited'', in which the publishers of the '' Morning Star'', a British Communist Party publication, sought an injunction to prev ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hong Kong Tramways
Hong Kong Tramways (HKT) is a narrow-gauge tram system in Hong Kong. Owned and operated by RATP Dev Transdev Asia, the tramway runs on Hong Kong Island between Kennedy Town and Shau Kei Wan, with a branch circulating through Happy Valley. Hong Kong's tram system is one of the earliest forms of public transport in the metropolis, having opened in 1904 under British rule. It has used electric trams since its inauguration, and has never used horse or steam power. It owns the world's largest operational double-decker tram fleet, and is a very rare example of a tram system that uses them exclusively. In addition to being used by commuters, the system is popular with tourists, and is one of the most environmentally friendly ways of travelling in the city. History Timeline *1881: Tramway system proposed for Hong Kong. *1882: The Hong Kong Government published the Professional Tramways Ordinance. However, the focus was on the Peak Tram, which was of more interest to the gover ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Transwa Prospector
''The Prospector'' is a rural passenger train service in Western Australia operated by Transwa between East Perth railway station, East Perth and Kalgoorlie railway station, Kalgoorlie. On this service, two trains depart almost at the same time in opposite directions, one travelling between East Perth and Kalgoorlie, and the other between Kalgoorlie and East Perth. The original vehicles ordered in 1968 for trains providing this service were replaced in 2004 with vehicles capable of reducing journey times to 6 hours 45 minutes. History With the standard gauge line from East Perth railway station, Perth to Kalgoorlie railway station, Kalgoorlie due to open in mid-1969, the Western Australian Government Railways decided to replace ''The Kalgoorlie'' overnight sleeper service with a daylight service. The new service commenced on 29 November 1971, cutting the journey time from fourteen to eight hours. With an average speed of , it was the fastest service in Australia. Stops *East ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Melbourne
Melbourne ( ; Boonwurrung/Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a metropolitan area known as Greater Melbourne, comprising an urban agglomeration of 31 local municipalities, although the name is also used specifically for the local municipality of City of Melbourne based around its central business area. The metropolis occupies much of the northern and eastern coastlines of Port Phillip Bay and spreads into the Mornington Peninsula, part of West Gippsland, as well as the hinterlands towards the Yarra Valley, the Dandenong and Macedon Ranges. It has a population over 5 million (19% of the population of Australia, as per 2021 census), mostly residing to the east side of the city centre, and its inhabitants are commonly referred to as "Melburnians". The area of Melbourne has been home to Aboriginal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Melbourne Tram Route 96
Melbourne tram route 96 is operated by Yarra Trams on the Melbourne tram network from Brunswick East to St Kilda Beach. The 13.9 kilometre route is operated out of Southbank depot with C2 and E class trams. History The line opened as a cable tram line operated by the Melbourne Tramway & Omnibus Company on 30 August 1887, operating along Bourke and Nicholson Streets. It operated until 26 October 1940, when the Bourke Street cable lines were abandoned by the Melbourne & Metropolitan Tramways Board (MMTB) in favour of double decker buses. The Bourke Street cable lines were the last cable trams to operate in Melbourne. The MMTB, unhappy with the performance of the buses, decided to reinstate trams when the buses reached life expiry, trams on the 88 (predecessor to the modern 86) started on 26 June 1955 with the first tram to Brunswick East operating on 8 April 1956. The W7 class trams were built for running on these lines and the new Z class trams first ran on route 96 in J ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Man On The Bondi Tram
The man on the Bondi tram is a fictional legal character used in civil law in New South Wales, Australia, representing an ordinary person. Jurors, for example, have been directed to consider what the man on the Bondi tram would think of whether a statement is defamatory. The phrase borrows from the English formulation of the 'man on the Clapham omnibus', who personifies an average, reasonable person. It is comparable to the phrase 'the man in the street'. Government tram A tram (called a streetcar or trolley in North America) is a rail vehicle that travels on tramway tracks on public urban streets; some include segments on segregated right-of-way. The tramlines or networks operated as public transport are ...s were discontinued in Sydney in the 1960s, to be replaced by buses. References Legal fictions Law of Australia Australian English Placeholder names {{Australia-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bonus Paterfamilias
In Roman law, the term ''bonus pater familias'' ("good family father") refers to a standard of care, analogous to that of the reasonable man in English law. In Spanish law, the term used is a direct translation ("un buen padre de familia"), and used in the Spanish Código Civil. It is also used in Latin American countries. In Portuguese law the term is also mentioned in the Civil Code, in its direct translation ("um bom pai de família"). In Italian law, the term is used in a direct translation (" buon padre di famiglia"). Similar is the French language expression ''bon père de famille'', used in a sense similar to "reasonably cautious person." For example, in the case of ''Fales v. Canada Permanent Trust Co.,'' 9772 SCR 302, at p. 315, the Supreme Court of Canada described the standard of care and diligence expected of the manager of a trust Trust often refers to: * Trust (social science), confidence in or dependence on a person or quality It may also refer to: ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Fictions
A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions, particularly in England and Wales. Development of the concept A legal fiction typically allows the court to ignore a fact that would prevent it from exercising its jurisdiction by simply assuming that the fact is different. In cases where the court must determine whether a standard has been reached, such as whether a defendant has been negligent, the court frequently uses the legal fiction of the "reasonable man". This is known as the "objective test", and is far more common than the "subjective test" where the court seeks the viewpoint of the parties (or "subjects"). Sometimes, the court may apply a "mixed test", as in the House of Lords' decision in ''DPP v Camplin'' 1978. Legal fictions are different from legal presumptions which assume a certain state of facts until the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Officious Bystander
The officious bystander is a metaphorical figure of English law and legal fiction, developed by MacKinnon LJ in ''Southern Foundries (1926) Ltd v Shirlaw'' to assist in determining when a term should be implied into an agreement. While the officious bystander test is not the overriding formulation in English law today, it provides a useful guide. The suggested approach is to imagine a nosey, officious bystander walking past two contracting parties and asking them whether they would want to put some express term into the agreement. If the parties would instantly retort that such a term is "of course" already mutually part of the agreement then it is apt for implication. Overview In ''Southern Foundries (1926) Ltd v Shirlaw'' 9392 KB 206 MacKinnon LJ wrote, The test is outdated to the extent that it suggested implication was a process dependent on what contracting parties would have subjectively intended. The main problem is that people would often disagree, or one side's barga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
