Vicarious Liability In English Law
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Vicarious Liability In English Law
Vicarious liability in English law is a doctrine of English tort law that imposes strict liability on employers for the wrongdoings of their employees. Generally, an employer will be held liable for any tort committed while an employee is conducting their duties.Markesinis, Johnston, Deakin, p. 665 This liability has expanded in recent years following the decision in ''Lister v Hesley Hall Ltd'' to better cover intentional torts, such as sexual assault and deceit. Historically, it was held that most intentional wrongdoings were not in the course of ordinary employment, but recent case law suggests that where an action is closely connected with an employee's duties, an employer can be found vicariously liable. The leading case is now the Supreme Court decision in '' Catholic Child Welfare Society v Institute of the Brothers of the Christian Schools'', which emphasised the concept of "enterprise risk". Justification for such wide recovery has been made in several areas. The first is ...
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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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Lord Denning
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not concern ...
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Rugby Union
Rugby union, commonly known simply as rugby, is a close-contact team sport that originated at Rugby School in the first half of the 19th century. One of the two codes of rugby football, it is based on running with the ball in hand. In its most common form, a game is played between two teams of 15 players each, using an oval-shaped ball on a rectangular field called a pitch. The field has H-shaped goalposts at both ends. Rugby union is a popular sport around the world, played by people of all genders, ages and sizes. In 2014, there were more than 6 million people playing worldwide, of whom 2.36 million were registered players. World Rugby, previously called the International Rugby Football Board (IRFB) and the International Rugby Board (IRB), has been the governing body for rugby union since 1886, and currently has 101 countries as full members and 18 associate members. In 1845, the first laws were written by students attending Rugby School; other significant even ...
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Beard V London General Omnibus Company
A beard is the hair that grows on the jaw, chin, upper lip, lower lip, cheeks, and neck of humans and some non-human animals. In humans, usually pubescent or adult males are able to grow beards. Throughout the course of history, societal attitudes toward male beards have varied widely depending on factors such as prevailing cultural-religious traditions and the current era's fashion trends. Some religions (such as some sects of Islam, and Sikhism) have considered a full beard to be essential and mandate it as part of their observance. Other cultures, even while not officially mandating it, view a beard as central to a man's virility, exemplifying such virtues as wisdom, strength, sexual prowess and high social status. In cultures where facial hair is uncommon (or currently out of fashion), beards may be associated with poor hygiene or an unconventional demeanor. In countries with colder climates, beards help protect the wearer's face from the elements. Beards also provide s ...
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Limpus V London General Omnibus Company
Limpus is a surname. Notable people with the surname include: *Arthur Limpus (1863–1931), British Royal Navy officer *Richard Limpus Richard Davidge Limpus (10 September 1824 – 15 March 1875) was a British organist and composer, who is best known for being the founder of the Royal College of Organists. Background Richard Limpus was the son of Richard Limpus, organist of ... (1824–1875), British organist and composer {{Short pages monitor ...
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John William Salmond
Sir John William Salmond (3 December 1862 – 19 September 1924) was a legal scholar, public servant and judge in New Zealand. Biography Salmond was born in North Shields, Northumberland, England, the eldest son of William Salmond (died 1917), a Presbyterian minister and professor. His family emigrated to Dunedin, New Zealand, in 1876 where he attended Otago Boys' High School (1876–79). Salmond graduated from the University of Otago in 1882 with a Bachelor of Arts degree and later a Master of Arts. He then obtained a Gilchrist scholarship to study at University College, London, where he graduated in law and became a fellow. Returning to New Zealand in 1887, he was admitted as a barrister and solicitor of the Supreme Court, and practised in Temuka in South Canterbury. In 1897 he was appointed professor of law at the University of Adelaide, South Australia, and in 1906 he returned to New Zealand to take up the founding chair in law at Victoria University College, Wellingto ...
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Theatre
Theatre or theater is a collaborative form of performing art that uses live performers, usually actors or actresses, to present the experience of a real or imagined event before a live audience in a specific place, often a stage. The performers may communicate this experience to the audience through combinations of gesture, speech, song, music, and dance. Elements of art, such as painted scenery and stagecraft such as lighting are used to enhance the physicality, presence and immediacy of the experience. The specific place of the performance is also named by the word "theatre" as derived from the Ancient Greek θέατρον (théatron, "a place for viewing"), itself from θεάομαι (theáomai, "to see", "to watch", "to observe"). Modern Western theatre comes, in large measure, from the theatre of ancient Greece, from which it borrows technical terminology, classification into genres, and many of its themes, stock characters, and plot elements. Theatre artist Patrice ...
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Photographers
A photographer (the Greek φῶς (''phos''), meaning "light", and γραφή (''graphê''), meaning "drawing, writing", together meaning "drawing with light") is a person who makes photographs. Duties and types of photographers As in other arts, the definitions of amateur and professional are not entirely categorical. An ''amateur photographer'' takes snapshots for pleasure to remember events, places or friends with no intention of selling the images to others. A ''professional photographer'' is likely to take photographs for a session and image purchase fee, by salary or through the display, resale or use of those photographs. A professional photographer may be an employee, for example of a newspaper, or may contract to cover a particular planned event such as a wedding or graduation, or to illustrate an advertisement. Others, like fine art photographers, are freelancers, first making an image and then licensing or making printed copies of it for sale or display. Some ...
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Honeywill And Stein Ltd V Larkin Brothers Ltd
''Honeywill and Stein Ltd v Larkin Brothers Ltd'' 9341 KB 191 is an English tort law case, establishing that employers may be vicariously liable for damage done by their independent contractors, where they carry out 'extra-hazardous' activities.9341 KB 191, p. 200 Generally, employers are only vicariously liable for the torts of their employees, and not for those of independent contractors. However, a non-delegable duty may be imposed on an employer where they contract for inherently dangerous activities to be undertaken. Facts Honeywill and Stein Ltd, after conducting acoustic work in a cinema owned by Denman Picture Houses, requested permission to have photographs taken of the interior of the cinema.9341 KB 191, p. 195 On the attendance of Larkin Brothers Ltd to take photographs, magnesium powder was ignited in order to create a flash light, to better illuminate the cinema interior. It was argued that such practice was common in photographing the insides of buildings, despite c ...
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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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Tortfeasor
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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