Viasystems Ltd V Thermal Transfer Ltd
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Viasystems Ltd V Thermal Transfer Ltd
is an English tort law and UK labour law case, which held that a worker can have more than one employer at the same time, who will be vicariously liable for the worker. Facts Viasystems Ltd, a printed circuit board manufacturer with two factories in Tyneside, sued for damages for a flood, caused while Thermal Transfer Ltd had installed an air conditioning in their factory on Eldon Street, South Shields. Thermal Transfer Ltd subcontracted to S&P Darwell Ltd, which subcontracted to CAT Metalwork Services, which hired young Darren Strang. Darren made ‘a foolish mistake on the spur of the moment’ by climbing down from a roof, where he was sent by his workmate to get fittings, through a duct. He was meant to use crawling boards and roof purlins. The duct collapsed, hit a sprinkler, and flooded the site. Viasystems sued Thermal, S&P Darwell and CAT Metalwork, while Thermal brought an action for contribution against S&P Darwell and CAT Metalwork. Judgment The Court of Appeal held t ...
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English Tort Law
English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requires a payment of money to make up for damage that is caused. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations. In English law, torts like other civil cases are generally tried in front a judge without a jury. History Following Roman law, the English system has long been based on a closed system of nominate torts, such as trespass, battery and conversion. This is in contrast to continental legal systems, which have since adopted more open systems of tortious liability. There are various categories of tort, which lead back to the system of separate causes of action. The tort of negligence is however increasing in importance over other types of tort, prov ...
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UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ...
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South Shields
South Shields () is a coastal town in South Tyneside, Tyne and Wear, England. It is on the south bank of the mouth of the River Tyne. Historically, it was known in Roman times as Arbeia, and as Caer Urfa by Early Middle Ages. According to the 2011 census, the town had a population of 75,337. It is the fourth largest settlement in Tyne and Wear; after Newcastle upon Tyne, Sunderland and Gateshead. The town became part of Tyne and Wear in 1974. It is within the historic county boundaries of County Durham. History The first evidence of a settlement within what is now the town of South Shields dates from pre-historic times. Stone Age arrow heads and an Iron Age round house have been discovered on the site of Arbeia Roman Fort. The Roman garrison built a fort here around AD 160 and expanded it around AD 208 to help supply their soldiers along Hadrian's Wall as they campaigned north beyond the Antonine Wall. Divisions living at the fort included Tigris bargemen (from Persia a ...
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Fire Sprinkler
A fire sprinkler or sprinkler head is the component of a fire sprinkler system that discharges water when the effects of a fire have been detected, such as when a predetermined temperature has been exceeded. Fire sprinklers are extensively used worldwide, with over 40 million sprinkler heads fitted each year. In buildings protected by properly designed and maintained fire sprinklers, over 99% of fires were controlled by fire sprinklers alone. History In 1812, British inventor Sir William Congreve patented a manual sprinkler system using perforated pipes along the ceiling. When someone noticed a fire, a valve outside the building could be opened to send water through the pipes. It was not until a short time later that, as a result of a large furniture factory that repeatedly burned down, Hiram Stevens Maxim was consulted on how to prevent a recurrence and invented the first automatic fire sprinkler. It would douse the areas that were on fire and report the fire to the fire st ...
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Civil Liability (Contribution) Act 1978
The Civil Liability (Contribution) Act 1978 (c 47) is an Act of the Parliament of the United Kingdom. The Act repealed the relevant common law and made new provision for contribution between persons who are jointly or severally, or both jointly and severally, liable for the same damage and in certain other similar cases where two or more persons have paid or may be required to pay compensation for the same damage; and to amend the law relating to proceedings against persons jointly liable for the same debt or jointly or severally, or both jointly and severally, liable for the same damage. The core principle of the Act is set out in section 1(1): Subject to the following provisions ... any person liable in respect of any damage suffered by another person may recover contribution from any other person liable in respect of the same damage (whether jointly with him or otherwise). The Act applies to England, Wales and Northern Ireland.Section 8. Interpretation In it was held that ...
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PS Atiyah
Patrick Selim Atiyah, (5 March 1931 – 30 March 2018) was an English lawyer and academic. He was best known for his work as a common lawyer, particularly in the law of contract and for advocating reformation or abolition of the law of tort. He was made a Fellow of the British Academy in 1979. Biography Patrick Selim Atiyah was born on 5 March 1931. He was a son of the Lebanese writer Edward Atiyah and his Scottish wife Jean. The mathematician Sir Michael Atiyah was his brother. As a child, Patrick lived in Sudan and Egypt. The family moved to England in 1945. Patrick attended primary school at Woking County Grammar School for Boys and went on to read law at Magdalen College, Oxford. Atiyah was professor of law at the Australian National University (1970–1973), at the University of Warwick (1973–1977) and professor of English law at the University of Oxford (1977–1988). He also was visiting Professor of Law at Harvard Law School (1982-1983). He died on 30 March 2018 ...
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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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Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ...
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