Ultrahazardous Activity
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Ultrahazardous Activity
An ultrahazardous activity in the common law of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person engaged in the activity took every reasonable precaution to prevent others from being injured. In the Restatement of the Law 2d, Torts 2d, the term has been abandoned in favor of the phrase "inherently dangerous activity." Categories of ultrahazardous activity Several categories of activities are commonly recognized as being inherently hazardous; those who engage in them are subject to strict liability. These include: *Transportation, storage, and use of dynamite and other explosives *Transportation, storage, and use of radioactive materials *Transportation, storage, and use of certain hazardous chemicals *Keeping of wild animals (i.e. animals that are not normally domesticated in that area) **Note that in this context, "domesticated" does not merely refer to an ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Alligator
An alligator is a large reptile in the Crocodilia order in the genus ''Alligator'' of the family Alligatoridae. The two extant species are the American alligator (''A. mississippiensis'') and the Chinese alligator (''A. sinensis''). Additionally, several extinct species of alligator are known from fossil remains. Alligators first appeared during the Oligocene epoch about 37 million years ago. The name "alligator" is probably an anglicized form of ', the Spanish term for "the lizard", which early Spanish explorers and settlers in Florida called the alligator. Later English spellings of the name included ''allagarta'' and ''alagarto''. Evolution Alligators and caimans split in North America during the early Tertiary or late Cretaceous (about 53 million to about 65 million years ago). The Chinese alligator split from the American alligator about 33 million years ago and probably descended from a lineage that crossed the Bering land bridge during the Neogene. The modern ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ...
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Negligent
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 ...
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Property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (also called cooperative property). Property that jointly belongs to more than one party may be possessed or controlled thereby in very similar or very distinct ways, whether simply or complexly, whether equally or unequally. However, there is an expectation that each party's will (rather discretion) with rega ...
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Trespassing
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 caus ...
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Alwin V
Alwin is a German and Dutch form of Alvin and may refer to: *Alwin-Broder Albrecht (1903–1945), German naval officer, one of Adolf Hitler's adjutants during World War II *Alwin Berger (1871–1931), German botanist and contributor to the nomenclature of succulent plants * Alwin Boerst (1910–1944), German World War II Luftwaffe Stuka ace * Alwin Elling (1897-1973), German filmmaker *Alwin C. Ernst (1881–1948), American businessman, co-founder of the accounting firm of Ernst & Ernst *Alwin de Prins (born 1978), former competitive swimmer who represented Luxembourg *Alwin Hammers (born 1942), German theologian *Alwin Karl Haagner (1880–1962), South African ornithologist *Alwin Al Jarreau (1940–2017), American singer *Alwin Kloekhorst (born 1978), Dutch linguist, Indo-Europeanist and Hittitologist *Alwin Korselt (born 1864), German mathematician *Alwin McGregor (1889–1963), dual-code rugby footballer, represented New Zealand *Alwin Mittasch (1869–1953), German chemist *Alwi ...
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Domesticated Animals
This page gives a list of domesticated animals, also including a list of animals which are or may be currently undergoing the process of domestication and animals that have an extensive relationship with humans beyond simple predation. This includes species which are semi-domesticated, undomesticated but captive-bred on a commercial scale, or commonly wild-caught, at least occasionally captive-bred, and tameable. In order to be considered fully domesticated, most species have undergone significant genetic, behavioural and morphological changes from their wild ancestors, while others have changed very little from their wild ancestors despite hundreds or thousands of years of potential selective breeding. A number of factors determine how quickly any changes may occur in a species, but there is not always a desire to improve a species from its wild form. Domestication is a gradual process, so there is no precise moment in the history of a given species when it can be considered to ...
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Wildlife
Wildlife refers to domestication, undomesticated animal species (biology), species, but has come to include all organisms that grow or live wilderness, wild in an area without being species, introduced by humans. Wildlife was also synonymous to game (hunting), game: those birds and mammals that were trophy hunting, hunted for sport. Wildlife can be found in all ecosystems. Deserts, plains, grasslands, woodlands, forests, and other areas, including the most developed urban areas, all have distinct forms of wildlife. While the term in popular culture usually refers to animals that are untouched by human factors, most scientists agree that much wildlife is human impact on the environment, affected by human behavior, human activities. Some wildlife threaten human safety, health, property, and quality of life. However, many wild animals, even the dangerous ones, have value to human beings. This value might be economic, educational, or emotional in nature. Humans have historically t ...
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Torts
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 cust ...
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Dangerous Goods
Dangerous goods, abbreviated DG, are substances that when transported are a risk to health, safety, property or the environment. Certain dangerous goods that pose risks even when not being transported are known as hazardous materials ( syllabically abbreviated as HAZMAT or hazmat). An example for dangerous goods is hazardous waste which is waste that has substantial or potential threats to public health or the environment. Hazardous materials are often subject to chemical regulations. Hazmat teams are personnel specially trained to handle dangerous goods, which include materials that are radioactive, flammable, explosive, corrosive, oxidizing, asphyxiating, biohazardous, toxic, pathogenic, or allergenic. Also included are physical conditions such as compressed gases and liquids or hot materials, including all goods containing such materials or chemicals, or may have other characteristics that render them hazardous in specific circumstances. Dangerous goods are often indica ...
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Radioactive Contamination
Radioactive contamination, also called radiological pollution, is the deposition of, or presence of radioactive substances on surfaces or within solids, liquids, or gases (including the human body), where their presence is unintended or undesirable (from the International Atomic Energy Agency (IAEA) definition). Such contamination presents a hazard because the radioactive decay of the contaminants, produces ionizing radiation (namely alpha, beta, gamma rays and free neutrons). The degree of hazard is determined by the concentration of the contaminants, the energy of the radiation being emitted, the type of radiation, and the proximity of the contamination to organs of the body. It is important to be clear that the contamination gives rise to the radiation hazard, and the terms "radiation" and "contamination" are not interchangeable. The sources of radioactive pollution can be classified into two groups: natural and man-made. Following an atmospheric nuclear weapon discharge ...
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