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Vis Major
''Vis major'' (; in Latin ‘a superior force’) is a greater or superior force; an irresistible force. It may be a loss that results immediately from a natural cause that could not have been prevented by the exercise of prudence, diligence and care. It is also termed as ''vis divina'' or superior force. It is an irresistible violence; inevitable accident or act of God. Its nature and power absolutely uncontrollable, for example, the inroads of a hostile army or forcible robberies, may relieve from liability from contract. This term has specific meaning in regard to strict liability. Strict liability in the law of torts allows for the accrual of liability against an actor where there is no fault or proximate cause given the damages arose from their participation in an ultrahazardous activity, i.e. blasting, damming of water, etc. However, "vis major" offers an exception to such liability. In ''Fletcher v. Rylands'' In the Exchequer Chamber, L.R. 1 Ex. 265, 1866, affirmed in the Hou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin Language
Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italy (geographical region), Italian region and subsequently throughout the Roman Empire. Even after the Fall of the Western Roman Empire, fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a fusional language, highly inflected language, with three distinct grammatical gender, genders (masculine, feminine, and neuter), six or seven ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Violence
Violence is the use of physical force so as to injure, abuse, damage, or destroy. Other definitions are also used, such as the World Health Organization's definition of violence as "the intentional use of physical force or Power (social and political), power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation."Krug et al."World report on violence and health", World Health Organization, 2002. Internationally, violence resulted in deaths of an estimated 1.28 million people in 2013 up from 1.13 million in 1990. However, global population grew by roughly 1.9 billion during those years, showing a dramatic reduction in violence per capita. Of the deaths in 2013, roughly 842,000 were attributed to self-harm (suicide), 405,000 to interpersonal violence, and 31,000 to collective violence (war) and legal intervention. Fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Accident
An accident is an unintended, normally unwanted event that was not directly caused by humans. The term ''accident'' implies that nobody should be blamed, but the event may have been caused by unrecognized or unaddressed risks. Most researchers who study unintentional injury avoid using the term ''accident'' and focus on factors that increase risk of severe injury and that reduce injury incidence and severity. For example, when a tree falls down during a wind storm, its fall may not have been caused by humans, but the tree's type, size, health, location, or improper maintenance may have contributed to the result. Most car wrecks are not true accidents; however English speakers started using that word in the mid-20th century as a result of media manipulation by the US automobile industry. Types Physical and non-physical Physical examples of accidents include unintended motor vehicle collisions, falls, being injured by touching something sharp or hot, or bumping into someth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Act Of God
In legal usage in the English-speaking world, an act of God is a natural hazard outside human control, such as an earthquake or tsunami, for which no person can be held responsible. An act of God may amount to an exception to liability in contracts (as under the Hague–Visby Rules) or it may be an "insured peril" in an insurance policy. In Scots law the equivalent term is ''damnum fatale''. By contrast, other extraordinary man-made or political events are deemed '' force majeure''. Contract law In the law of contracts, an act of God may be interpreted as an implied defense under the rule of impossibility or impracticability. If so, the promise is discharged because of unforeseen occurrences, which were unavoidable and would result in insurmountable delay, expense, or other material breach. Under the English common law, contractual obligations were deemed sacrosanct, so failure to honour a contract could lead to an order for specific performance or internment in a debtor' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strict Liability
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Under the strict liability law, if the defendant possesses anything that is inherently dangerous, as specified under the "ultrahazardous" definition, the defendant is then strictly liable for any damages caused by such possession, no matter how careful the defendant is safeguarding them. In the field of torts, prominent examples of strict liability may include product liability, abnormally dangerous activities (e.g., blasting), intrusion onto another's land by livestock, and ownership of wild animals. Other than activities specified above (like ownership of wild animals, etc), US courts have historically considered the following activities as "ultrahazardous": # storing flammable liquids in quantity in an urban area # pile driving # b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rylands V
Rylands is an English surname. Notable people with the surname include: *Dadie Rylands (1902–1999), British literary scholar and theatre director *Dave Rylands (born 1953), English footballer *Enriqueta Augustina Rylands (1843–1908), English philanthropist *George Rylands, real name of 'Dadie' Rylands (above) *John Rylands (1801–1888), English textile merchant and philanthropist *John Paul Rylands (1846–1923), English lawyer, genealogist and topographer *Mark Rylands (born 1961), Church of England bishop *Patrick Rylands (born 1943), English designer *Peter Rylands (1820–1887), English wire manufacturer and politician *Sir William Rylands (1868–1948), British businessman See also *Ryland (other) *The John Rylands Library in Manchester *The John Rylands University Library in Manchester *In St Breward parish, Cornwall, is a hamlet called Rylands *The southern part of the town of Beeston, Nottinghamshire is called Rylands * Warrington Rylands, English football team ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hurricane
A tropical cyclone is a rapidly rotating storm system characterized by a low-pressure center, a closed low-level atmospheric circulation, strong winds, and a spiral arrangement of thunderstorms that produce heavy rain and squalls. Depending on its location and strength, a tropical cyclone is referred to by different names, including hurricane (), typhoon (), tropical storm, cyclonic storm, tropical depression, or simply cyclone. A hurricane is a strong tropical cyclone that occurs in the Atlantic Ocean or northeastern Pacific Ocean, and a typhoon occurs in the northwestern Pacific Ocean. In the Indian Ocean, South Pacific, or (rarely) South Atlantic, comparable storms are referred to simply as "tropical cyclones", and such storms in the Indian Ocean can also be called "severe cyclonic storms". "Tropical" refers to the geographical origin of these systems, which form almost exclusively over tropical seas. "Cyclone" refers to their winds moving in a circle, whirling round ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Force Majeure
In contract law, (from Law French: 'overwhelming force', ) is a common clause in contracts which essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, epidemic or sudden legal changes prevents one or both parties from fulfilling their obligations under the contract. Explicitly excluded is any event described as an ''act of God,'' which covers a separate domain and legally differs, yet it is still related to contract law. In practice, most clauses do not excuse a party's non-performance entirely but only suspend it for the duration of the .Supreme Court of India">Supreme Court (of India) 1285 it was held that "An analysis of ruling on the subject shows that reference to the expression is made where the intention is to save the defaulting party from the consequences of anything over which he had no control." Even if a ''force majeure'' clause covers the rel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Act Of God
In legal usage in the English-speaking world, an act of God is a natural hazard outside human control, such as an earthquake or tsunami, for which no person can be held responsible. An act of God may amount to an exception to liability in contracts (as under the Hague–Visby Rules) or it may be an "insured peril" in an insurance policy. In Scots law the equivalent term is ''damnum fatale''. By contrast, other extraordinary man-made or political events are deemed '' force majeure''. Contract law In the law of contracts, an act of God may be interpreted as an implied defense under the rule of impossibility or impracticability. If so, the promise is discharged because of unforeseen occurrences, which were unavoidable and would result in insurmountable delay, expense, or other material breach. Under the English common law, contractual obligations were deemed sacrosanct, so failure to honour a contract could lead to an order for specific performance or internment in a debtor' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
