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Breaking The Chain
Breaking the chain (or ''novus actus interveniens'', literally ''new intervening act'') refers in English law to the idea that causal connections are deemed to finish. Even if the defendant can be shown to have acted negligently, there will be no liability if some new intervening act breaks the chain of causation between that negligence and the loss or damage sustained by the claimant. Discussion Where there is only a single operative cause for the loss and damage suffered by the claimant, it is a relatively simple matter to determine whether that cause was a breach of the duty of care owed to the claimant by the defendant. But where the sequence of events leading to the loss and damage comprises more than one cause, the process of separating and attributing potential or actual liability is more complicated. Act of God and other natural events as contributing causes Where there are several potential causes of harm, some of which are tortious and some of which are natural, the b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Post Traumatic Stress Disorder
Post-traumatic stress disorder (PTSD) is a mental and behavioral disorder that can develop because of exposure to a traumatic event, such as sexual assault, warfare, traffic collisions, child abuse, domestic violence, or other threats on a person's life. Symptoms may include disturbing thoughts, feelings, or dreams related to the events, mental or physical distress to trauma-related cues, attempts to avoid trauma-related cues, alterations in the way a person thinks and feels, and an increase in the fight-or-flight response. These symptoms last for more than a month after the event. Young children are less likely to show distress but instead may express their memories through play. A person with PTSD is at a higher risk of suicide and intentional self-harm. Most people who experience traumatic events do not develop PTSD. People who experience interpersonal violence such as rape, other sexual assaults, being kidnapped, stalking, physical abuse by an intimate partner, and i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Holland
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars'', or in Ireland ''or'' . The letter is the eighth most common letter in English and the fourth-most common consonant (after , , and ). The letter is used to form the ending "-re", which is used in certain words such as ''centre'' in some varieties of English spelling, such as British English. Canadian English also uses the "-re" ending, unlike American English, where the ending is usually replaced by "-er" (''center''). This does not affect pronunciation. Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as F, L, M, N and S. This name is preserved in French and many other languages. In Middle English, the name of the letter changed from to , following a pattern exhibited in many ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gregg V Scott
''Gregg v Scott'' 005UKHL 2is an English tort law case, on the issue of loss of a chance, in causation. It affirms the principle of ''Hotson v East Berkshire Area Health Authority'', on a narrow margin of 3 to 2. Lord Nicholls' dissent is of particular note, in arguing that loss of a chance should be actionable. Facts The defendant, Dr Scott, negligently misdiagnosed the plaintiff's malignant cancer, (non-Hodgkin Lymphoma) stating it to be a benign collection of fatty tissue and thus no further treatment was needed. This had the effect of delaying Mr Gregg's treatment by nine months, reducing his chances of surviving ten years from 42% to 25%. Under the earlier decision of ''Hotson v East Berkshire Area Health Authority'', the view taken at first instance, and by the Court of Appeal, the claimant could not establish the defendant had prevented him being cured, as his original chance of a cure was below 50%. The plaintiff argued that he was entitled to recover for the loss of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chester V
Chester is a cathedral city and the county town of Cheshire, England. It is located on the River Dee, close to the English–Welsh border. With a population of 79,645 in 2011,"2011 Census results: People and Population Profile: Chester Locality"; downloaded froCheshire West and Chester: Population Profiles, 17 May 2019 it is the most populous settlement of Cheshire West and Chester (a unitary authority which had a population of 329,608 in 2011) and serves as its administrative headquarters. It is also the historic county town of Cheshire and the second-largest settlement in Cheshire after Warrington. Chester was founded in 79 AD as a "castrum" or Roman fort with the name Deva Victrix during the reign of Emperor Vespasian. One of the main army camps in Roman Britain, Deva later became a major civilian settlement. In 689, King Æthelred of Mercia founded the Minster Church of West Mercia, which later became Chester's first cathedral, and the Angles extended and strengthened t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mesothelioma
Mesothelioma is a type of cancer that develops from the thin layer of tissue that covers many of the internal organs (known as the mesothelium). The most common area affected is the lining of the lungs and chest wall. Less commonly the lining of the abdomen and rarely the sac surrounding the heart, or the sac surrounding the testis may be affected. Signs and symptoms of mesothelioma may include shortness of breath due to fluid around the lung, a swollen abdomen, chest wall pain, cough, feeling tired, and weight loss. These symptoms typically come on slowly. More than 80% of mesothelioma cases are caused by exposure to asbestos. The greater the exposure the greater the risk. As of 2013, about 125 million people worldwide have been exposed to asbestos at work. High rates of disease occur in people who mine asbestos, produce products from asbestos, work with asbestos products, live with asbestos workers, or work in buildings containing asbestos. Asbestos exposure and the onse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fairchild V Glenhaven Funeral Services Ltd
''Fairchild v Glenhaven Funeral Services Ltd'' [2002UKHL 22is a leading case on causation in English tort law. It concerned malignant, malignant mesothelioma, a deadly disease caused by breathing asbestos fibres. The House of Lords approved the test of "materially increasing risk" of harm, as a deviation in some circumstances from the ordinary "balance of probabilities" test under the "but for" standard. Facts Mr Fairchild had worked for a number of different employers, as a subcontractor for Leeds City Council, all of whom had negligently exposed him to asbestos. Mr Fairchild contracted pleural mesothelioma. He died, and his wife was suing the employers on his behalf for negligence. A number of other claimants were in similar situations, and joined in on the appeal. The problem was, a single asbestos fibre, inhaled at any time, can trigger mesothelioma. The risk of contracting an asbestos related disease increases depending on the amount of exposure to it. However, because of lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prima Facie
''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' ('face'), both in the ablative case. In modern, colloquial and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. Burde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McGhee V
McGhee is a surname. People with the surname include: People with the surname *Alison McGhee (born 1960), American author *Bill McGhee (1905–1984), American baseball player *Brian McGhee (born 1984), American murderer and former professional wrestler known as DT Porter for the WWE *Brownie McGhee (1915–1996), American blues musician *Carla McGhee (born 1968), American basketball player * Darius McGhee (born 1999), American basketball player *David McGhee (born 1976), English football player *Doc McGhee (born 1950), American band manager *Ed McGhee (1924–1986), American baseball player *Ethel McGhee Davis (1899–1990), American educator, social worker, and college administrator *Fredrick McGhee (1861–1912), American lawyer and civil rights activist *Gary McGhee (born 1988), American basketball player *George C. McGhee (1912–2005), American geologist and diplomat * George Louis McGhee (1925–2000), American marriage and family therapist * George McGhee (footballer) (1883 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bonnington Castings Ltd V
Bonnington is a dispersed village and civil parish on the northern edge of the Romney Marsh in Ashford District of Kent, England. The village is located to the south of the town of Ashford on the B2067 (Hamstreet to Hythe road). Bonnington has under 100 inhabitants and has historic connections with smuggling. The parish used to boast its own school at the T-junction with the former B2069, and a public house (The Oak) located nearly two miles southeast of the village. The parish church, dedicated to St Rumwold, the child saint, is about half a mile to the south of the hamlet, on the Royal Military Canal. The parish council is now linked with the larger village of Aldington (where the population is now included) which is where the nearest shops can be found. Location and landscape The small parish of Bonnington in the English county of Kent lies between the town of Ashford to the west (5 miles distant) and the coastal town of Hythe to the east (6 miles distant). ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cause Of Action
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery (tort), battery, or false imprisonment). The legal document which carries a claim is often called a 'statement of claim' in English law, or a 'complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse. To pursue a cause of action, a plaintiff pleading, pleads or allegation, alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the Legal remedy, remedy (t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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