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Wells V Cooper
''Wells v. Cooper'' (1958) 2 All ER 527 is an England and Wales Court of Appeal judgment dealing with the issue of standard of care in English tort law. The question in the case was what standard of care could be expected of a person who carries out repairs in his own house negligently, so that his visitors get injured as a result. Facts The defendant, Mr Cooper fixed a new handle to his back door. The plaintiff, Mr Wells, a visiting tradesman was leaving Cooper's house by the back door. When he pulled the door strongly in order to shut it, the handle came off and Wells fell, injuring himself. Expert evidence was given that Cooper should have used longer screws when attaching the handle. Judgment The Court of Appeal held that the degree of care and skill required of a householder undertaking his own repairs was to be measured not by reference to his own degree of personal competence but by reference to the degree of care and skill which a reasonably skilled amateur carpenter migh ... [...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] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ... [...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] |
Breach Of Duty In English Law
In English tort law, there can be no liability in negligence unless the claimant establishes both that they were owed a duty of care by the defendant, and that there has been a breach of that duty. The defendant is in breach of duty towards the claimant if their conduct fell short of the standard expected under the circumstances. General standard of care is as follows For a defendant to be deemed negligent, he must have breached his duty of care towards the plaintiff. In order to be deemed as breaching the duty of care, his actions must be proven to fall below the standard of care likely to be taken by the reasonable man. Establishing a breach of duty and ascertaining the standard of care is complex and before establishing that the duty of care has been breached the plaintiff must first prove that the defendant owed him a duty of care. The standard of care is defined as the measures that a reasonable person (in the circumstances of the defendant) take to reduce the risk of harm. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Blyth V Birmingham Waterworks
''Blyth v Birmingham Waterworks Company'' (1856) 11 Ex Ch 781 concerns reasonableness in the law of negligence. It is famous for its classic statement of what negligence is and the standard of care to be met. Facts The defendants, Birmingham Waterworks Company, were the water works for Birmingham. They had been incorporated by statute for the purpose of supplying Birmingham with water. The statute provided that: the company should, upon the laying down of any main-pipe or other pipe in any street, fix, at the time of laying down such pipe, a proper and sufficient fire-plug in each such street, and should deliver the key or keys of such fire-plug to the persons having the care of the engine-house in or near to the said street, and cause another key to be hung up in the watch-house in or near to the said street. By sect. 87, pipes were to be eighteen inches beneath the surface of the soil. By the 89th section, the mains were at all times to be kept charged with water. The defendan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bolam V , known as BOLAM
{{disambiguation, geo ...
Bolam may refer to: Places ;England: *Bolam, County Durham *Bolam, Northumberland *Bolam West Houses, Northumberland Other uses * Bolam (surname) *The Bolam Test, used to determine professional negligence See also *Bank of London and Montreal The Bank of London and Montreal Limited was a joint venture between Bank of London and South America (BOLSA), a subsidiary of Lloyds Bank, and Bank of Montreal. It was established in 1958 and headquartered in Nassau, Bahamas. History *1958 Bank ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mullin V
Mullin is a surname of Irish origin. Notable people with the name include: * Chris Mullin (b. 1963), American basketball player * Chris Mullin (politician), British Labour Party Member of Parliament * Emma Mullin (born 1985), Irish Ladies Gaelic footballer * Gene Mullin (1927–2021), American politician * George Mullin (baseball) (1880–1944), baseball pitcher * George Mullin (VC) (1892–1963), American recipient of the Victoria Cross during World War I * Gerald T. Mullin (1900–1982), American businessman, lawyer, and politician * Glenn Mullin, author * Herbert Mullin, American serial killer * Hugh P. Mullin, Philippine–American War Medal of Honor recipient * Jack Mullin (1913–1999), American engineer * John Mullin (other), several people * Joseph Mullin (1811–1882), New York lawyer and politician * Mabel Mullin (1882–?), club president * Markwayne Mullin (born 1977), U.S. Senator for Oklahoma * Mike Mullin (other), several people * Oisín Mull ... [...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] |
1958 In Case Law
Events January * January 1 – The European Economic Community (EEC) comes into being. * January 3 – The West Indies Federation is formed. * January 4 ** Edmund Hillary's Commonwealth Trans-Antarctic Expedition completes the third overland journey to the South Pole, the first to use powered vehicles. ** Sputnik 1 (launched on October 4, 1957) falls to Earth from its orbit, and burns up. * January 13 – Battle of Edchera: The Moroccan Army of Liberation ambushes a Spanish patrol. * January 27 – A Soviet-American executive agreement on cultural, educational and scientific exchanges, also known as the "Lacy-Zarubin Agreement, Lacy–Zarubin Agreement", is signed in Washington, D.C. * January 31 – The first successful American satellite, Explorer 1, is launched into orbit. February * February 1 – Egypt and Syria unite, to form the United Arab Republic. * February 6 – Seven Manchester United F.C., Manchester United footballers are among the 21 people killed i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1958 In British Law
Events January * January 1 – The European Economic Community (EEC) comes into being. * January 3 – The West Indies Federation is formed. * January 4 ** Edmund Hillary's Commonwealth Trans-Antarctic Expedition completes the third overland journey to the South Pole, the first to use powered vehicles. ** Sputnik 1 (launched on October 4, 1957) falls to Earth from its orbit, and burns up. * January 13 – Battle of Edchera: The Moroccan Army of Liberation ambushes a Spanish patrol. * January 27 – A Soviet-American executive agreement on cultural, educational and scientific exchanges, also known as the "Lacy-Zarubin Agreement, Lacy–Zarubin Agreement", is signed in Washington, D.C. * January 31 – The first successful American satellite, Explorer 1, is launched into orbit. February * February 1 – Egypt and Syria unite, to form the United Arab Republic. * February 6 – Seven Manchester United F.C., Manchester United footballers are among the 21 people killed i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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