Turberville V Stampe
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Turberville V Stampe
''Turberville v Stampe'' (169791 ER 1072is an English tort law case concerning vicarious liability, also known as the ''respondeat superior'' doctrine. Facts The employee or "servant" of the defendant negligently began a fire which spread to and damaged a neighbour's house. The master argued he was not responsible because he was not personally at fault. Moreover, he had directed the employee the proper method of lighting fires, orders which were not followed. Judgment Lord Chief Justice Holt gave judgment. {{cquote, as man ought to keep the fire in his field, as well from the doing of damage to his neighbour as if it were in his house… if a stranger set fire to my house, and it burns my neighbour’s house, no action will lie against me… But if my servant throws dirt into the highway, I am indictable. So in this case if the defendant’s servant kindled the fire in the way of husbandry and proper for his employment, though he had no express command of his master, yet his mas ...
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Chief Justice Holt
Sir John Holt (23 December 1642 – 5 March 1710) was an English lawyer who served as Lord Chief Justice of England from 17 April 1689 to his death. He is frequently credited with playing a major role in ending the prosecution of witches in English law. Biography Holt was born in Abingdon in Berkshire (now Oxfordshire), the son of Sir Thomas Holt, MP for that town, and his wife, Susan, the daughter of John Peacock of Chieveley, also in Berkshire. He was educated at John Roysse's Free School in Abingdon (now Abingdon School) from 1652 to 1658, Gray's Inn and Oriel College, Oxford. He purchased Redgrave Manor in Suffolk, which had been the seat of the Bacon family in 1702, when debts forced the fifth baronet, Sir Robert Bacon, to sell the estate. A letter in the Bodleian Library reads: "The celebrated Dr Radcliffe, the physician ... took special pains to preserve the life of LCJ Holt's wife, whom he attended out of spite to her husband, who wished her dead." Sir John Holt ...
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Leakey V National Trust
Leakey may refer to: *Leakey, Texas, U.S., a city *Leakey (crater), a lunar impact crater *Leakey (surname) *7958 Leakey, an asteroid *Leakey Independent School District, a public school district based in Leakey, Texas See also *Leak (other) __NOTOC__ A leak is a way for matter to escape a container. Leak may also refer to: Information leaks * News leak, the unsanctioned release of confidential information to news media * Data leak ** Internet leak, a release of confidential informati ...
* * {{disambig ...
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1690s In Case Law
Year 169 ( CLXIX) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Senecio and Apollinaris (or, less frequently, year 922 ''Ab urbe condita''). The denomination 169 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Marcomannic Wars: Germanic tribes invade the frontiers of the Roman Empire, specifically the provinces of Raetia and Moesia. * Northern African Moors invade what is now Spain. * Marcus Aurelius becomes sole Roman Emperor upon the death of Lucius Verus. * Marcus Aurelius forces his daughter Lucilla into marriage with Claudius Pompeianus. * Galen moves back to Rome for good. China * Confucian scholars who had denounced the court eunuchs are arrested, killed or banished from the capital of Luoyang and off ...
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1697 In Law
Events January–March * January 8 – Thomas Aikenhead is hanged outside Edinburgh, becoming the last person in Great Britain to be executed for blasphemy. * January 11 – French writer Charles Perrault releases the book ''Histoires ou contes du temps passé'' (literally "Tales of Past Times", known in England as "Mother Goose tales") in Paris, a collection of popular fairy tales, including ''Cinderella'', ''Puss in Boots'', ''Red Riding Hood'', ''The Sleeping Beauty'' and ''Bluebeard''. * February 8 – The English infantry regiment of Arthur Chichester, 3rd Earl of Donegall is disbanded four years after it was first raised. * February 22 – Gerrit de Heere becomes the new Governor of Dutch Ceylon, succeeding Thomas van Rhee and administering the colony for almost six years until his death. * February 26 – Conquistador Martín de Ursúa y Arizmendi and 114 soldiers arrive at Lake Petén Itzá in what is now Guatemala and begin the Spanish conquest of Guatemala with a ...
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Lord Holt Cases
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are entitled to courtesy titles. The collective "Lords" can refer to a group or body of peers. Etymology According to the Oxford Dictionary of English, the etymology of the word can be traced back to the Old English word ''hlāford'' which originated from ''hlāfweard'' meaning "loaf-ward" or "bread-keeper", reflecting the Germanic tribal custom of a chieftain providing food for his followers. The appellation "lord" is primarily applied to men, while for women the appellation "lady" is used. This is no longer universal: the Lord of Mann, a title previously held by the Queen of the United Kingdom, and female Lords Mayor are examples of women who are styled as "Lord". Historical usage Feudalism Under the feudal system, "lord" had a wide ...
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English Tort 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 * Engli ...
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Modern Law Review
The ''Modern Law Review'' is a peer-reviewed academic journal published by John Wiley & Sons on behalf of Modern Law Review Ltd. and which has traditionally maintained close academic ties with the Law Department of the London School of Economics. The ''Modern Law Review'' has been identified as the "pre-eminent United Kingdom law journal" in a ranking based on statistical data from the 2001 Research Assessment Exercise, and has been placed in the highest tier (A*) by the 2019 Israeli Inter-University Committee Report. The journal is a general law review that publishes original articles relating to common law jurisdictions and the law of the European Union. In addition, the journal contains sections devoted to recent legislation and reports, to case analysis, to review articles, and to book reviews. The current editor-in-chief (General Editor) is David Kershaw. Previous editors included Lord Chorley, Lord Wedderburn, Hugh Collins, and Julia Black. The contents of the first 59 vo ...
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Lee Ting Sang V Chung Chi-Keung
''Lee Ting Sang v Chung Chi-Keung'' Court of Appeal of Hong Kong The Court of Appeal of the High Court of Hong Kong is the second most senior court in the Hong Kong legal system. It deals with appeals on all civil and criminal cases from the Court of First Instance and the District Court. It is one of t .... Facts A skilled stonemason wanted to claim he was within the health and safety regulations. To do so, he would have to be regarded in law as an employee. Advice Mr Lee Ting Sang was regarded as an employee. Therefore, he could claim that he was within the health and safety regulations. This was in spite of the fact that he was not, due to the skills he possessed, instructed how to do the job. The court took into account that he (1) worked mainly for a subcontractor on short-term basis, (2) was paid a piece-work rate or a daily rate, (3) did not possess any equipment, (4) did not hire any helpers, and (5) was not required to exercise management of the job, Signific ...
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Market Investigations Ltd V Minister Of Social Security
''Market Investigations Ltd v Minister for Social Security'' 9692 QB 173 is a UK labour law case which was heard as a challenge to a decision by the Government that employed National Insurance contributions were due on the payments to the worker. It took the view that establishing the common-law employment status of an employment contract requires attention to a multiple list of factors. In some regards this judgement appears to undermine the three-step reasoning in ''Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance'' (RMC), which was decided the previous year. However, 'Market Investigations' involved implying the companies best-practice handbook into each of the separate contracts between the parties, whereas 'RMC' was judged purely by rational construction of the agreed terms of a lengthy written contract, against the background of the written contract as a whole. Facts Anne Irving from time to time conducted market research questionnaires. ...
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Hall (Inspector Of Taxes) V Lorimer
In architecture, a hall is a relatively large space enclosed by a roof and walls. In the Iron Age and early Middle Ages in northern Europe, a mead hall was where a lord and his retainers ate and also slept. Later in the Middle Ages, the great hall was the largest room in castles and large houses, and where the servants usually slept. As more complex house plans developed, the hall remained a large room for dancing and large feasts, often still with servants sleeping there. It was usually immediately inside the main door. In modern British houses, an entrance hall next to the front door remains an indispensable feature, even if it is essentially merely a corridor. Today, the (entrance) hall of a house is the space next to the front door or vestibule leading to the rooms directly and/or indirectly. Where the hall inside the front door of a house is elongated, it may be called a passage, corridor (from Spanish ''corredor'' used in El Escorial and 100 years later in Castl ...
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Lister V Hesley Hall Ltd
''Lister v Hesley Hall Ltd'' 001UKHL 22is an English tort law case, creating a new precedent for finding where an employer is vicarious liability, vicariously liable for the torts of their employees. Prior to this decision, it had been found that sexual abuse by employees of others could not be seen as in the course of their employment, precluding recovery from the employer. The majority of the House of Lords however overruled the Court of Appeal, and these earlier decisions, establishing that the "relative closeness" connecting the tort and the nature of an individual's employment established liability. Facts A boarding house (Axeholme House) for Wilsic Hall School, in Doncaster was opened in 1979; the principal students to live there having behavioural and emotional difficulties. The claimants in the instant case had resided there between the years 1979 to 1982, being aged 12 to 15 during this time, under the care of a warden, who was in charge of maintaining discipline and the ...
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Smith V Littlewoods Organisation Ltd
''Smith v Littlewoods Organisation Ltd'' House of Lords decision on duty of care in the tort of negligence. It was specifically concerning the potential liability for the wrongdoing of third parties. Facts Littlewoods Organisation Ltd purchased a cinema in 1976, intending to demolish it and turning it into a supermarket. After some initial work in June it was left unattended. Sometimes vandals and children broke in, and on one occasion vandals set fire to some old film, and the cinema itself. On 5 July 1976, vandals started a larger fire and the cinema burnt down, damaging a few adjacent buildings including a neighbouring cafe, billiard saloon and church. The neighbours claimed damages and brought an action against Littlewoods for negligence on the basis that they failed to take reasonable care of the cinema by having it regularly inspected or locking and guarding the premises. The instant court held the fire was reasonably foreseeable. Littlewoods appealed, arguing they had no ...
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