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Vaughan V. Menlove
''Vaughan v Menlove'' (1837) 132 ER 490 (CP) is a leading English tort law case that first introduced the concept of the reasonable person in law. Facts As hay decomposes, heat is generated. In the absence of ventilation, the increased heat can cause a fire. The defendant built a hay rick (or haystack) near the boundary of his land which bordered the plaintiff's land. The defendant's hay rick had been built with a precautionary "chimney" to prevent the hay from spontaneously igniting, but it ignited anyway. He had been warned several times over a period of five weeks that the manner in which he built the hay rick was dangerous, but he said "he would chance it." Consequently, the hay ignited and spread to the plaintiff's land, burning down two of the plaintiff's cottages. Judgment Trial At trial the judge instructed the jury to consider whether the fire had been caused by gross negligence on the part of the defendant, and stated the defendant "was utybound to proceed with suc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench. The court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with legal fictions, the Bill of Middlesex and Writ of Quominus respectively. The Common Pleas maintained its exclusive jurisdiction over matters of real property until its dissolution, and due to its wide remit was considered by Sir Edward Coke to be the "lock and key of the common law". It was staffed by one Chief Justice and a varying number of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1837 In Case Law
Events January–March * January 1 – The destructive Galilee earthquake causes 6,000–7,000 casualties in Ottoman Syria. * January 26 – Michigan becomes the 26th state admitted to the United States. * February – Charles Dickens's ''Oliver Twist'' begins publication in serial form in London. * February 4 – Seminoles attack Fort Foster in Florida. * February 25 – In Philadelphia, the Institute for Colored Youth (ICY) is founded, as the first institution for the higher education of black people in the United States. * March 1 – The Congregation of Holy Cross is formed in Le Mans, France, by the signing of the Fundamental Act of Union, which legally joins the Auxiliary Priests of Blessed Basil Moreau, CSC, and the Brothers of St. Joseph (founded by Jacques-François Dujarié) into one religious association. * March 4 ** Martin Van Buren is sworn in as the eighth President of the United States. ** The city of Chicago is incorporated. April–June * April 12 â ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Citation Network
A citation graph (or citation network), in information science and bibliometrics, is a directed graph that describes the citations within a collection of documents. Each Vertex (graph theory), vertex (or Vertex (graph theory), node) in the graph represents a document in the collection, and each Edge (graph theory), edge is directed from one document toward another that it cites (or vice versa depending on the specific implementation). Citation graphs have been utilised in various ways, including forms of citation analysis, academic search tools and Judgment (law), court judgements. They are predicted to become more relevant and useful in the future as the body of published research grows. Implementation There is no standard format for the citations in bibliographies, and the record linkage of citations can be a time-consuming and complicated process. Furthermore, citation errors can occur at any stage of the publishing process. However, there is a long history of creating ci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England And Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, except f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Liability
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability. Theories of liability Claimants can prove liability through a myriad of different theories, known as theories of liability. Which theories of liability are available in a given case depends on nature of the law in question. For example, in case involving a contractual dispute, one available theory of liability is breach of contract; or in the tort context, negligence, negligence per se, respondeat superior, vicarious liability, strict liability, or intentional conduct are all valid theories of liability. Each theory of liability has certain conditions, or elements, that must be proven by the claimant before liability will be established. For example, the theory of n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Vaughan (puisne Judge)
Sir John Vaughan PC (11 February 1768 - 25 September 1839) was an English judge. Vaughan was born at Leicester, the third but second surviving son of Dr. James Vaughan a physician at Leicester, and his wife, Hester née Smalley. He was called to the bar in June 1791. In 1816 he became King's Serjeant and in 1827 he became Baron of the Exchequer. He was knighted on 24 November 1828. In 1834 he became Justice of the Court of Common Pleas and was made a Privy Councillor. Vaughan died at Eastbury Lodge, near Watford, Hertfordshire at the age of 71. Vaughan married firstly Hon. Augusta St John, daughter of Henry Beauchamp St John, 13th Baron St John on 20 December 1803. They had six children but she died on 30 January 1813. He married secondly Lady Louisa St John, widow of St Andrew St John, 14th Baron St John of Bletso and daughter of Sir Charles William Rouse-Boughton, 9th Baronet on 4 August 1823 and had a son and daughter. Vaughan and his first wife had issue, including a s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bailment
Bailment is a legal relationship in common law, where the owner transfers physical Possession (law), possession of personal property ("chattel") for a time, but retains ownership. The owner who surrenders custody to a property is called the "bailor" and the individual who accepts the property is called a "bailee". The bailee is the person who possesses the personal property in Trust law, trust for the owner for a set time and for a precise reason and who delivers the property back to the owner when they have accomplished the purpose that was initially intended. General Bailment is distinguished from a contract of sale or a gift of property, as it only involves the transfer of Possession (law), possession and not its ownership. To create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel. Although a bailment relationship is ordinarily created by contract, there are circumstances where lawful possession by the bailee creates ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Of First Impression
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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