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Gross Negligence
Gross negligence is the "lack of slight diligence or care" or "a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party." In some jurisdictions a person injured as a result of gross negligence may be able to recover punitive damages from the person who caused the injury or loss. Negligence is the opposite of diligence, or being careful. The standard of ordinary negligence is what conduct deviates from the proverbial "reasonable person". By extension, if somebody has been grossly negligent, that means they have fallen so far below the ordinary standard of care that one can expect, to warrant the label of being "gross". Gross negligence may thus be described as reflecting "the want of even slight or scant care", falling below the level of care that even a careless person would be expected to follow. While some jurisdictions equate the culpability of gross negligence with that of recklessness, most differentiate it from sim ...
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Punitive Damages
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award. Punitive damages are often awarded if compensatory damages are deemed an inadequate remedy. The court may impose them to prevent undercompensation of plaintiffs and to allow redress for undetectable torts and taking some strain away from the criminal justice system. Punitive damages are most important for violations of the law that are hard to detect. However, punitive damages awarded under court systems that recognize them may be difficult to enforce in jurisdictions that do not recognize them. For example, punitive damages awarded to one party in a US case would be difficult to get recogn ...
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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 ...
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Diligence
Diligence—carefulness and persistent effort or work—is one of the seven heavenly virtues. It is indicative of a work ethic, the belief that work is good in itself. In students Bernard et al. suggest that diligence in students is defined as the effort they put towards balanced and holistic development in mental, physical, social and spiritual dimensions. They find that it correlates with academic performance, especially with younger students, and that the support of parents and educators encourages students to be diligent. Other factors that encourage student diligence include motivation, discipline, concentration, responsibility and devotedness. In Buddhism The last words of the Buddha were, "Strive on with diligence." Diligence is an integral part of all Buddhist teaching, and considered the fourth of the ''pāramitā''. In Mahayana tradition, diligence is the third ''pāramitā'' and the first said to lead to liberation, and it is said that its practice brings a ...
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Reasonable Person
In law, a reasonable person, reasonable man, or the man on the Clapham omnibus, is a hypothetical person of legal fiction crafted by the courts and communicated through case law and jury instructions. Strictly according to the fiction, it is misconceived for a party to seek evidence from actual people to establish how the reasonable man would have acted or what he would have foreseen. This person's character and care conduct under any ''common set of facts,'' is decided through reasoning of good practice or policy—or "learned" permitting there is a compelling consensus of public opinion—by high courts. In some practices, for circumstances arising from an ''uncommon set of facts,'' this person is seen to represent a composite of a relevant community's judgement as to how a typical member of said community should behave in situations that might pose a threat of harm (through action or inaction) to the public. However, cases resulting in judgment notwithstanding verdict can ...
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Culpability
In criminal law, culpability, or being culpable, is a measure of the degree to which an agent, such as a person, can be held morally or legally responsible for action and inaction. It has been noted that the word, culpability, "ordinarily has normative force, for in nonlegal English, a person is culpable only if he is justly to blame for his conduct". Culpability therefore marks the dividing line between moral evil, like murder, for which someone may be held legally responsible, and a randomly occurring event, like naturally occurring earthquakes or naturally arriving meteorites, for which no human can be held responsible. Etymology Culpability descends from the Latin concept of fault ('' culpa''). Concept The concept of culpability is intimately tied up with notions of agency, freedom, and free will. All are commonly held to be necessary, but not sufficient, conditions for culpability. In law From a legal perspective, culpability describes the degree of one's ''bl ...
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Recklessness (law)
In criminal law and in the law of tort, recklessness may be defined as the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such action. Recklessness is less culpable than malice, but is more blameworthy than carelessness. ''Mens rea'' and ''actus reus'' To commit a criminal offence of ''ordinary'' liability (as opposed to strict liability) the prosecution must show both the ''actus reus'' (guilty act) and ''mens rea'' (guilty mind). A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time. In the case of negligence, however, the ''mens rea'' is implied. Criminal law recognizes recklessness as one of four main classes of mental state constituting ''mens rea'' elements to establish liability, namely: *Intention: intending the action; foreseeing the result; desiring t ...
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Manslaughter In English Law
In the English law of homicide, manslaughter is a less serious offence than murder, the differential being between levels of fault based on the ''mens rea'' (Latin for "guilty mind") or by reason of a partial defence. In England and Wales, a common practice is to prefer a charge of murder, with the judge or defence able to introduce manslaughter as an option (see alternative verdict). The jury then decides whether the defendant is guilty or not guilty of either murder or manslaughter. On conviction for manslaughter, sentencing is at the judge's discretion, whereas a sentence of life imprisonment is mandatory on conviction for murder. Manslaughter may be either ''voluntary'' or ''involuntary'', depending on whether the accused has the required ''mens rea'' for murder. Voluntary manslaughter ''Voluntary manslaughter'' occurs when the defendant kills with ''mens rea'' (an intention to kill or cause grievous bodily harm), but one of those partial defences which reduce murder to mansla ...
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Lord Cranworth
Robert Monsey Rolfe, 1st Baron Cranworth, PC (18 December 1790 – 26 July 1868) was a British lawyer and Liberal politician. He twice served as Lord High Chancellor of Great Britain. Background and education Born at Cranworth, Norfolk, he was the elder son of the Reverend Edmund Rolfe and Jemima Alexander, James Alexander, 1st Earl of Caledon's niece and a granddaughter of physician Messenger Monsey. Rolfe was related to Admiral Lord Horatio Nelson, he was educated at Bury St Edmunds, Winchester, Trinity College, Cambridge, Downing College, Cambridge (of which he was elected fellow) and was called to the bar, Lincoln's Inn, in 1816. Legal and political career Cranworth represented Penryn and Falmouth in Parliament from 1832 until he was appointed a Baron of the Exchequer in 1839. In 1850 he was appointed a Vice-Chancellor and raised to the peerage as Baron Cranworth, of Cranworth in the County of Norfolk. In 1852 Lord Cranworth became Lord Chancellor in Lord Aberd ...
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Giblin V McMullen
Giblin is a surname. Notable people with the surname include: * Anne E. Giblin, marine biologist * :fr:Béatrice Giblin (born 1947), French scholar * Belinda Giblin (born 1950), Australian actress * Edmund Giblin (1923–2000), English footballer * Irene M. Giblin (1888–1974), American ragtime musician * John Giblin, British double bassist and bass guitarist * Lyndhurst Giblin (1872–1951), Australian statistician and economist * Paul Giblin, American investigative journalist * Peter Giblin (born 1943), English mathematician * Ronald Worthy Giblin (1863–1936), Australian surveyor and historian * Thomas P. Giblin (born 1947), US Democratic Party politician * Vincent Giblin (1817–1884), Australian cricket player and banker * William Giblin (1840–1887), Premier of Tasmania, Australia See also * Giblin family The Giblin family of Tasmania was an influential family in the early days of the colony of Tasmania, or Van Diemen's Land as it was earlier named. The list belo ...
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Leading Case
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. In Commonwealth countries, a reported decision is said to be a ''leading decision'' when it has come to be generally regarded as settling the law of the question involved. In 1914, Canadian jurist Augustus Henry Frazer Lefroy said "a 'leading case' sone that settles the law upon some important point". A leading decision may settle the law in more than one way. It may do so by: * Distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of ''stare decisis''; * Establishing a "test" (that is, a measurable standard that can be applied by courts in futu ...
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Armitage V Nurse
''Armitage v Nurse'' 997EWCA Civ 1279is the leading decision in English trusts law concerning the validity of exemption clauses. The Court of Appeal of England and Wales, Court of Appeal held that in English law trustee exemption clauses can validly exempt trustees from liability for all breaches of trust except fraud. [ illet LJ gave the leading judgment. Facts Millett LJ summarises the facts at p. 248 of the report. Judgment In the hearing of the Court of Appeal, Bernard Weatherill QC for Armitage submitted that the "irreducible core" duties of a trustee include the following. :(1) a duty to inquire into the extent and nature the property and the trusts (see '' Hallows v Lloyd'' (1888) 39 Ch D 686, 691; '' Nestlé v National Westminster Bank Plc'' 9931 WLR 1260, 1265e, 1266h, 1275e-g and '' Wyman v Paterson'' 900AC 271); :(2) a duty to obey directions in the settlement unless the deviation is sanctioned by the court (see '' Harrison v Randall'' (1851) 9 Hare 397, 407 ...
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Millett LJ
Peter Julian Millett, Baron Millett, , (23 June 1932 – 27 May 2021) was a British barrister and judge. He was a Lord of Appeal in Ordinary from 1998 to 2004. Biography Early life The son of Denis and Adele Millett, he was educated at Harrow School, London, and at Trinity Hall, Cambridge, where he received a Master of Arts in Classics and Law in 1954, graduating with a Double First. From 1955 to 1957 he served as a Flying Officer in the Royal Air Force. He was awarded an honorary fellowship by Queen Mary, University of London in 2012. Legal career Millett was called to the bar at Middle Temple in 1955. In 1959, he joined Lincoln's Inn, where he was appointed a bencher in 1980. From 1958 to 1986 he practised at the Chancery Bar and was examiner and lecturer in practical conveyancing at the Council of Legal Education from 1962 to 1976. Between 1967 and 1973, Millett was junior counsel at the Department of Trade and Industry in chancery matters, and between 1971 and ...
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