Trespass In English Law
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Trespass In English Law
Trespass in English law is an area of tort law broadly divided into three groups: trespass to the person, trespass to goods, and trespass to land. Trespass to the person comes in three variants: assault, which is "to act in such a way that the claimant believes he is about to be attacked"; battery, "the intentional and direct application of force to another person"; and false imprisonment, "depriving the claimant of freedom of movement, without a lawful justification for doing so". All three require that the act be a direct and intentional act, with indirect or unintentional acts falling under the tort of negligence. Battery and assault require the claimant to establish that the defendant intended to act, while false imprisonment is a tort of strict liability. The guiding principle behind all three is based on the statement of Robert Goff, LJ, who stated in ''Collins v Wilcock'' that "any person's body is inviolate", excepting normal, day-to-day physical contact. Trespass to g ...
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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 ...
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Transferred Malice
Transferred intent (or transferred , or transferred malice, in English law) is a legal doctrine that holds that, when the intention Intentions are mental states in which the agent commits themselves to a course of action. Having the plan to visit the zoo tomorrow is an example of an intention. The action plan is the ''content'' of the intention while the commitment is the ''a ... to harm one individual inadvertently causes a second person to be hurt instead, the perpetrator is still held responsible. To be held Legal liability, legally responsible, a court typically must demonstrate that the perpetrator had criminal intent (), that is, that they knew or should have known that another would be harmed by their actions and wanted this harm to occur. For example, if a murderer intends to kill John, but accidentally kills George instead, the intent is transferred from John to George, and the killer is held to have had criminal intent. Transferred intent also applies to tort law, in ...
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Children And Young Persons Act 1933
The Children and Young Persons Act 1933 (23 & 24 Geo.5 c.12) is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland. It consolidated all existing child protection legislation for England and Wales into one act. It was preceded by the Children and Young Persons Act 1920 and the Children Act 1908. It is modified by the Children and Young Persons Act 1963, the Children and Young Persons Act 1969 and the Children and Young Persons Act 2008. Content The Children and Young Persons Act 1933 raised the minimum age for execution to eighteen, raised the age of criminal responsibility from seven to eight, included guidelines on the employment of school-age children, set a minimum working age of fourteen, and made it illegal for adults to sell cigarettes or other tobacco products to children. The act is worded to ensure that adults and not children are responsible for enforcing it. In 1932 a 16 year juvenile Harold Wilkins w ...
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Meering V Graham-White Aviation Co Ltd
Meering is a geographically small civil parish in the Newark and Sherwood district of Nottinghamshire, England. With a population of zero (2001 census), it is grouped with Girton to form a parish meeting. The parish was originally an extra-parochial area, and was once populated, although not in more than single figures since census records began. The parish is bound by the Carlton Rack river to the west (which forms the border with Sutton on Trent Sutton-on-Trent is a large village and parish in Nottinghamshire, situated on the Great North Road, and on the west bank of the River Trent. The village contains 2,450 acres of land and according to the 2001 census it had a population of 1,327 ...) and to the east a lagoon and a brook separates it from Girton civil parish. References Civil parishes in Nottinghamshire Newark and Sherwood {{Nottinghamshire-geo-stub ...
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Grainger V Hill
Grainger may refer to: Places *Grainger, Alberta, a locality in Canada *Grainger County, Tennessee, a county located in Tennessee, United States *Grainger Falls, a waterfall in Chalky Inland, Fiordland, New Zealand *Grainger Market, a covered market in Newcastle upon Tyne, England *Grainger Stadium, a sports venue in Kinston, North Carolina, United States *Grainger Town, a historic centre of Newcastle upon Tyne, England *Grainger Generating Station, a former coal-fired power plant located in Conway, South Carolina People * Grainger (surname) Companies * Grainger Games, a British video game retailer * Grainger Industrial Supply or W.W. Grainger, a Fortune 500 industrial supply company * Grainger plc, a British residential property company Other * Grainger challenge The Grainger challenge is a scientific competition to find an economical way to remove arsenic from arsenic-contaminated groundwater. This competition is being funded by the United States National Academy of Engineerin ...
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Bird V Jones
Birds are a group of warm-blooded vertebrates constituting the class Aves (), characterised by feathers, toothless beaked jaws, the laying of hard-shelled eggs, a high metabolic rate, a four-chambered heart, and a strong yet lightweight skeleton. Birds live worldwide and range in size from the bee hummingbird to the ostrich. There are about ten thousand living species, more than half of which are passerine, or "perching" birds. Birds have whose development varies according to species; the only known groups without wings are the extinct moa and elephant birds. Wings, which are modified forelimbs, gave birds the ability to fly, although further evolution has led to the loss of flight in some birds, including ratites, penguins, and diverse endemic island species. The digestive and respiratory systems of birds are also uniquely adapted for flight. Some bird species of aquatic environments, particularly seabirds and some waterbirds, have further evolved for swimming. Birds ...
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Austin And Another V Metropolitan Police Commissioner
Austin is the capital city of the U.S. state of Texas, as well as the seat and largest city of Travis County, with portions extending into Hays and Williamson counties. Incorporated on December 27, 1839, it is the 11th-most-populous city in the United States, the fourth-most-populous city in Texas, the second-most-populous state capital city, and the most populous state capital that is not also the most populous city in its state. It has been one of the fastest growing large cities in the United States since 2010. Downtown Austin and Downtown San Antonio are approximately apart, and both fall along the Interstate 35 corridor. Some observers believe that the two regions may some day form a new "metroplex" similar to Dallas and Fort Worth. Austin is the southernmost state capital in the contiguous United States and is considered a " Beta −" global city as categorized by the Globalization and World Cities Research Network. As of 2021, Austin had an estimated population ...
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Police And Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 (PACE) (1984 c. 60) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary to issue Codes of Practice governing police powers. The aim of PACE is to establish a balance between the powers of the police in England and Wales and the rights and freedoms of the public. Equivalent provision is made for Northern Ireland by the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341). The equivalent in Scots Law is the Criminal Procedure (Scotland) Act 1995. PACE has been modified by the Policing and Crime Act 2017, "which mean that there is now a presumption that suspects who are released without charge from police detention will not be released on bail," a formality which was written in PACE 1984 Section 30A. Synopsis Although PACE is a f ...
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Serious Organised Crime And Police Act 2005
The Serious Organized Crime and Police Act 2005 (c.15) (often abbreviated to SOCPA or SOCAP) is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. It also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the vicinity of the Palace of Westminster. It was introduced into the House of Commons on 24 November 2004 and was passed by Parliament and given Royal Assent on 7 April 2005. Measures to introduce a specific offence of "incitement to religious hatred" were included in early drafts of the Act, but then dropped so the bill would pass before the 2005 general election. The offence has since been created by the Racial and Religious Hatred Act 2006. Extent of application The Act applies principally to England and Wales but s.179 permits the extent or designates sections applying only to Scotland and/or Northern Ireland; additionally s.179(9) extends the a ...
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Sayers V Harlow Urban District Council
Sayers may refer to: *Sayers (bakery) Sayers the Bakers is the largest independent retail baker in the North West of England, established in 1912 in Liverpool. The retailer sells savouries, sandwiches and bakery products across over 150 stores, from Fleetwood in Lancashire down t ..., an independent retail baker in the north-west of England * Sayers, Texas, an unincorporated town in eastern Bexar County, Texas, United States * Sayers (surname) * Sayers 40, Inc., a technology firm founded by Gale Sayers * Sayers, Allport & Potter, a pharmaceutical firm in Sydney, Australia {{disambig ...
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Intentional Infliction Of Emotional Distress
Intentional infliction of emotional distress (IIED; sometimes called the tort of outrage) is a common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted emotional distress by behaving in an "extreme and outrageous" way. Some courts and commentators have substituted ''mental'' for ''emotional'', but the tort is the same. Rationale for classification IIED was created in tort law to address a problem that would arise when applying the common law form of assault. The common law tort of assault did not allow for liability when a threat of battery was not imminent. A common case would be a future threat of harm that would not constitute common law assault but would nevertheless cause emotional harm to the recipient. IIED was created to guard against this kind of emotional abuse, thereby allowing a victim of emotional distress to receive compensation in situations where he or she would otherwise ...
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