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Mitigation (law)
Mitigation in law is the principle that a party who has suffered loss (from a tort or breach of contract) has to take reasonable action to minimize the amount of the loss suffered. As stated by the Canadian Federal Court of Appeal in ''Redpath Industries Ltd. v. Cisco (The)'', "It is well established that a party who suffers damages as a result of a breach of contract has a duty to mitigate those damages, that is to say that the wrongdoer cannot be called upon to pay for avoidable losses which would result in an increase in the quantum of damages payable to the injured party." The onus on showing a failure to mitigate damages is on the defendant. In the UK, Lord Leggatt describes the "function of the doctrine of mitigation" as enabling the law Iain Drummond notes that in English law there is no ''duty'' to mitigate loss. Rather, the principle is that "damages will be limited by an assumption that plaintiffhas taken reasonable steps in mitigation of loss", regardless of whether t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
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 cus ... [...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 wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mitigating Factor
In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence. Unlike a legal defense, the presentation of mitigating factors will not result in the acquittal of a defendant. The opposite of a mitigating factor is an aggravating factor. Examples The Sentencing Council of England and Wales lists the following as possible mitigating factors: *Admitting the offense, such as through a guilty plea *Mental illness *Provocation *Young age *Showing remorse Self-defense is a legal defense rather than a mitigating factor, as an act done in justified self-defense is not deemed to be a crime. If the offender was provoked but cannot be considered to have acted in self-defense, then the provocation can be used as a mitigating factor but not as a legal defense. By legal system England and Wales According t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Airline Seat
An airline seat is a seat on an airliner in which passengers are accommodated for the duration of the journey. Such seats are usually arranged in rows running across the airplane's fuselage. A diagram of such seats in an aircraft is called an aircraft seat map. Features and amenities Seats are attached to rails underneath the floor which run along the aircraft fuselage. If the airline wants to reconfigure the seating, this is a minor operation. For passenger safety, all airline seats are equipped with seatbelts. Basic amenities Seats are frequently equipped with further amenities. Airline seats may be equipped with a reclining mechanism for increased passenger comfort, either reclining mechanically (usually in economy class and short-haul first and business class) or electrically (usually in long-haul first class and business class). Most aircraft also feature trays for eating and reading, either in the seatback which folds down to form a small table in most economy cl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thai Airlines
Thai Airways International Public Company Limited, trading as THAI (, th, บริษัท การบินไทย จำกัด (มหาชน)) is the flag carrier airline of Thailand. Formed in 1961, the airline has its corporate headquarters in Vibhavadi Rangsit Road, Chatuchak District, Bangkok, and primarily operates from Suvarnabhumi Airport. THAI is a founding member of the Star Alliance. The airline is the second-largest shareholder of the low-cost carrier Nok Air with a 15.94 per cent stake (2020), and it launched a regional carrier under the name Thai Smile in the middle of 2012 using the new Airbus A320 aircraft. Thai operate from its main hub at Suvarnabhumi Airport and secondary hub at Phuket International Airport, the airline and its subsidiaries fly to over 101 destinations in 37 countries, using a fleet of 64 aircraft, that consist of wide-body aircraft from both Boeing and Airbus, while the subsidiary Thai Smile operates narrow body aircraft. As ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fork Lift Truck
A forklift (also called lift truck, jitney, hi-lo, fork truck, fork hoist, and forklift truck) is a powered industrial truck used to lift and move materials over short distances. The forklift was developed in the early 20th century by various companies, including Clark, which made transmissions, and Yale & Towne Manufacturing, which made hoists. Since World War II, the use and development of the forklift truck have greatly expanded worldwide. Forklifts have become an indispensable piece of equipment in manufacturing and warehousing. In 2013, the top 20 manufacturers worldwide posted sales of $30.4 billion, with 944,405 machines sold. History The middle nineteenth century through the early 20th century saw the developments that led to today's modern forklifts. The forerunners of the modern forklift were manually-powered hoists that were used to lift loads. In 1906, the Pennsylvania Railroad introduced battery-powered platform trucks for moving luggage at their Altoona, Penns ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aggravation (law)
Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself." Aggravated assault, for example, is usually differentiated from simple assault by the offender's intent (e.g., to murder or to rape), the extent of injury to the victim, or the use of a deadly weapon. An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, which decreases guilt. In the UK, the Criminal Justice Act 2003 requires a court to consider (a) relevant previous convictions, (b) racial or religious aggravation, and (c) hostility towards the victim or to persons generally based on sexual orientation (or presumed sexual orientation) or disability (or presumed disability) when determining sentence for a conviction. The antonym of aggravation is mitigation. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antonym
In lexical semantics, opposites are words lying in an inherently incompatible binary relationship. For example, something that is ''long'' entails that it is not ''short''. It is referred to as a 'binary' relationship because there are two members in a set of opposites. The relationship between opposites is known as opposition. A member of a pair of opposites can generally be determined by the question ''What is the opposite of X ?'' The term antonym (and the related antonymy) is commonly taken to be synonymous with opposite, but antonym also has other more restricted meanings. Graded (or gradable) antonyms are word pairs whose meanings are opposite and which lie on a continuous spectrum (hot, cold). Complementary antonyms are word pairs whose meanings are opposite but whose meanings do not lie on a continuous spectrum (''push'', ''pull''). Relational antonyms are word pairs where opposite makes sense only in the context of the relationship between the two meanings (''t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Janiak V
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Janiak is a surname. Notable people with the surname include: * Andrew Janiak, American professor of philosophy *Claude Janiak (born 1948), Swiss politician and lawyer *Edward Janiak (1952-2021), Polish bishop and theologian *Jeff Janiak (born 1976), American/British punk rock singer and songwriter for Discharge (band) Discharge are an English hardcore punk band formed in 1977 in Stoke-on-Trent, England. The band is known for influencing several sub-genres of extreme music and their songs have been covered by some of the biggest names in heavy metal and othe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Personal Injury
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit (the "claimant" in English Law or "plaintiff" in American jurisdictions) has suffered harm to his or her body or mind. Personal injury lawsuits are filed against the person or entity that caused the harm through negligence, gross negligence, reckless conduct, or intentional misconduct, and in some cases on the basis of strict liability. Different jurisdictions describe the damages (or, the things for which the injured person may be compensated) in different ways, but damages typically include the injured person's medical bills, pain and suffering, and diminished quality of life. History Historically, personal injury lawsuits in tort for monetary damages were virtually nonexistent before the Industrial Revolution of the 19th century. In agra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. It is important to bear in mind that contract law is not the same from country to country. Each country has its own independent, freestanding law of contract. Therefore, it makes sense ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bernard Rix
Sir Bernard Anthony Rix (born 8 December 1944) is a former English judge, who was a Lord Justice of Appeal from 2000 to 2013. Family Rix is the son of Otto Rix and Sadie Silverberg. In 1983, he married Karen Young (now The Hon. Lady Rix), daughter of David Young, later Baron Young of Graffham; they have two daughters and three sons. Education Rix was educated at St Paul's School in London. He went on to New College, Oxford, where he read Classics until 1966 and Jurisprudence with Senior Status until (1968), graduating MA. He also represented the University at fencing. He was elected a Kennedy Scholar in 1968 and studied at Harvard Law School, where he was awarded an LLM in 1969. Legal career Rix was called to the bar at Inner Temple in 1970 (bencher 1990) and became a Queen's Counsel in 1981. He was a member of the Senate of the Inns of Court and Bar between 1981 and 1983. He was also a member of the Bar Council from 1981 to 1983 and was Treasurer of Inner Temple in 2005. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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