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Volenti Non Fit Injuria
''Volenti non fit iniuria'' (or ''injuria'') (Latin: "to a willing person, injury is not done") is a common law doctrine which states that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party in tort or delict. ''Volenti'' applies only to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. ''Volenti'' is also known as a "voluntary assumption of risk". ''Volenti'' is sometimes described as the plaintiff "consenting to run a risk". In this context, ''volenti'' can be distinguished from legal consent in that the latter can prevent some torts arising in the first place. For example, consent to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin (, or , ) is a classical language belonging to the 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 Italian region and subsequently throughout the Roman Empire. Even after the 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 highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjuga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assumption Of Risk
Assumption of risk is a defense, specifically an affirmative defense, in the law of torts, which bars or reduces a plaintiff's right to recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which the plaintiff was participating at the time of their injury. Primary vs. secondary "Primary" assumption of risk occurs when the plaintiff knows about a particular risk and—through words or conduct—accepts that risk, thereby relieving the defendant of its duty of care. The primary assumption of risk defense operates as a complete bar to recovery. For example, someone who goes skiing assumes the risk that they will fall and break a bone and cannot sue a ski resort for such an injury in the absence of additional fault, such as the failure to properly maintain safety equipment. "Secondary" assumption of risk exists where the defendant has a continuing duty of r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nettleship V , English Court of Appeal judgment
{{surname, Nettleship ...
Nettleship is a surname. Notable people with this surname include: *Ada Nettleship (1856-1932), British dressmaker and costume designer *Edward Nettleship (1845–1913), English ophthalmologist *Henry Nettleship (1839–1893), English classical scholar. *Ida Nettleship (1877–1907), English artist *John Nettleship (1939–2011), British schoolteacher of chemistry *John Trivett Nettleship (1841–1902), English artist * R. L. Nettleship (1846–1892), English philosopher See also * Thomas Nettleship Staley, British bishop * Nettleship–Falls syndrome, an ocular disorder *Nettleship v Weston ''Nettleship v Weston'' 9712 QB 691 is an English Court of Appeal judgment dealing with the breach of duty in negligence claims. In this case the court had considered the question of the standard of care that should be applied to a learner driver ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Baker V T E Hopkins & Son Ltd
''Baker v. T E Hopkins & Son Ltd'' 9593 All ER 225 is a Court of Appeal of England and Wales decision dealing with the issue of helpers' liability in tort. Facts Two employees of the defendant company were overcome by carbon monoxide fumes in a well they were attempting to decontaminate. The plaintiff, a doctor, went in to try to rescue them even though he was warned of the fumes and told that the fire brigade was on the way. The fumes had been caused by the company negligently placing a motor operated pump at the bottom of the well on some scaffolding in order to assist in the pumping out of the well. All three men died. Judgment The defendant company argued that (the estate of) the plaintiff doctor should either not be compensated because the doctor knowingly accepted the risk he was taking or his damages would be reduced for contributory negligence. The Court of Appeal considered that such a suggestion was "ungracious" and that it was unseemly and irrational to say that a re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cutler V
A cutler is a maker of cutlery. Cutler may also refer to: People * Cutler (surname) * Cutler J. Cleveland, scientist Geography U.K. *Cutlers Ait, island in the River Thames *Cutler Heights, district of Bradford, West Yorkshire, England *Cutlers Green, hamlet in Essex, England **Cutlers Green Halt railway station U.S.A. *Cutler, California, a town **Cutler-Orosi Joint Unified School District *Cutler, Florida, now part of the Village of Palmetto Bay *Cutler Bay, Florida, formerly known as Cutler Ridge *Cutler, Illinois *Cutler, Indiana * Cutler Township, Franklin County, Kansas *Cutler, Maine, a town **Cutler Regional Airport ** VLF Transmitter Cutler, a transmission site for the US Navy *Cutler, Minnesota, an unincorporated community * Cutler, Ohio, an unincorporated community * Cutler, Wisconsin, a town * Cutler (community), Wisconsin, an unincorporated community *Cutler and Porter Block, historic city block in Springfield, Massachusetts *Cutler Botanic Garden, in Binghamton ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Haynes V
Haynes may refer to: People *Haynes (surname) Places In Australia: * Haynes, Western Australia In Canada: * Haynes, Alberta In the United Kingdom: *Haynes, Bedfordshire ** Haynes Church End In the United States: *Haynes, Arkansas * Haynes, North Dakota *Haynes, Ohio * Haynes Township, Michigan Other uses *Haynes International, a US corporation specializing in corrosion-resistant metal alloys *Haynes Manuals, set of manuals for automobile repair and other do it yourself projects *Haynes Automobile Company, a defunct American automobile company * John C. Haynes & Co., a musical instrument maker * William S. Haynes Flute Company, American flute maker *Haynes v. United States, a United States Supreme Court decision *Haynes International Motor Museum, a motor museum in Sparkford, Somerset, England. See also *Haine *Hayne *Haines (other) *Hanes Hanes (founded in 1900) and Hanes Her Way (founded in 1985) is a brand of clothing. History Hanes was founded in 1900 by John We ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Volens
In law, ''volens'' is a state of mind, referring to voluntary acceptance of a specific risk. It is usually pleaded by way of defence, and often employs the legal Latin ''volenti non fit injuria''. The term ''volens'' itself is often used in contradistinction to the terms ''sciens'' (meaning mere knowledge of the risk, without any voluntary assumption of it). The effect of the defence varies from country to country. In some countries it is (or can be) a total defence to show that the claimant knew and accepted the risk of the injury in undertaking their course of conduct. In other countries it can give rise to a partial defence of contributory negligence. In contract law, many clauses in contracts which at first appear to be exemption clauses relating to personal injury (which are in many countries invalid by lawSee for example the Unfair Contract Terms Act 1977 in the United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United K ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tomlinson V Congleton Borough Council
''Tomlinson v Congleton Borough Council'' 003UKHL 47is a 2003 court case in England from the House of Lords regarding the torts of negligence and occupiers' liability (the latter regarding the Occupiers' Liability Act 1984). It was a landmark case that has been regarded as an attempt to stem the development of a "compensation culture" in the UK. Litigation The case originated in the High Court of Justice, after which it proceeded to the Court of Appeal of England and Wales. In the latter case, the Lords Justice of Appeal held in favour of Tomlinson, the claimant. However, this decision was reversed by the House of Lords. Facts In May 1995, the claimant, John Tomlinson (then aged 18), visited an artificial lake, part of a country park in Brereton, Cheshire in the borough of Congleton with his friends. While there, Tomlinson dived into the water and hit his head on the sandy bottom, leaving him tetraplegic as a result of a break to the fifth vertebra of his neck. He subsequentl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ratcliff V McConnell
Ratcliff or Ratcliffe is a locality in the London Borough of Tower Hamlets. It lies on the north bank of the River Thames between Limehouse (to the east), and Shadwell (to the west). The place name is no longer commonly used. History Etymology and origin The name ''Ratcliffe'' derives from the small sandstone cliff that stood above the surrounding marshes, it had a red appearance, hence ''Red-cliffe''. Ratcliff was historically part of the Manor and Ancient Parish of Stepney. The place name Stepney evolved from ''Stybbanhyð'', first recorded around 1000 AD. ''Stybbanhyð'' probably translates into modern English as "Stybba's hithe (landing place)", with Stybba the individual who owned the Manor (estate). The hithe itself is thought to have been at Ratcliff, just under south of St Dunstan's Church. Civil and ecclesiastical administration The hamlet was divided between the parishes of Limehouse and Stepney until 1866, when it was constituted a separate civil parish (a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Titchener V British Railways Board
''Titchener v British Railway Board'' 9831 WLR 1427 is a Scottish delict case concerning occupiers' liability, decided by the House of Lords. Facts Miss Titchener, a 15-year-old girl, climbed through a gap in a fence onto a railway line owned by the British Railways Board British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, .... She was hit by a train. She sued the board under the Occupiers' Liability (Scotland) Act 1960 for failing in their common duty of care to keep the premises reasonably safe for visitors. The Inner House of the Court of Session held that the pursuer had taken a chance, fully aware of the risks involved and that the Board had no responsibility to maintain the fence any more than they had.Mark Lunney, Ken Oliphant, ''Tort Law: Text and Materials'' (OUP, 2008) 286 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
