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Solatium
Solatium (plural ''solatia'') is a form of compensation for emotional rather than physical or financial harm. The word entered English during the 1810s, as a loanword from Latin or . World examples England & Wales Section 1A of the Fatal Accidents Act 1976 provides that in an action for wrongful death the spouse, civil partner or parents (where the deceased is a minor) of the deceased may claim damages for bereavement, which are awarded in the amount of a fixed sum. This has been described as a ''soliatum''. India In India, victims of crimes that receive widespread media coverage are frequently recipients of one-time solatium payments from governments. Scots law It is used in Scots law mainly to denote reparation for pain and suffering in personal injury cases (although it can also be awarded in other types of cases), but also has a more technical meaning as the form of reparation available in an actio iniuriarum. In the former respect it is similar, but not identical, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fatal Accidents Act 1976
The Fatal Accidents Act 1976 (c 30) is an Act of the Parliament of the United Kingdom, that allows relatives of people killed by the wrongdoing of others to recover damages. Background The Fatal Accidents Act 1846 had allowed claims for damages by the relatives of deceased persons for the first time. The 1976 Act modernised the process and repealed earlier legislation. The Act The Act allows claims as stipulated in s. 1(1): The Act allows claims under three heads:Dow & Lill (2007)Lunney & Oliphant (2003) ''pp.'' 855-858 *Dependency claim (s. 1) - A claim for economic loss by a restricted class of "dependant" defined in s.1(3). *Bereavement claim (s. 1A) - A claim in recognition of grief by a further restricted class of "dependant", similar to a solatium in Scottish law. As of 1 May 2020, the amount of the bereavement claim award increased from £11,800 to £15,120. *Funeral expenses (s. 3(5)) of the dependants. An award must take account of any social security benefits rece ... [...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] |
Civil Partnership In The United Kingdom
Civil partnership in the United Kingdom is a form of civil union between couples open to both same-sex couples and opposite-sex couples. History Civil partnerships were introduced for same-sex couples under the terms of the Civil Partnership Act 2004. In February 2018, the United Kingdom and Scottish governments began reviewing civil partnerships, potentially to expand them to include opposite-sex couples. In June 2018, the Supreme Court of the United Kingdom ruled that restricting civil partnerships to same-sex couples was incompatible with the rights guaranteed by the European Convention on Human Rights as enacted in Schedule 1 to the Human Rights Act 1998. The UK Government was obliged to change the law to allow opposite-sex couples in England and Wales to enter into civil partnerships. This change was unsuccessfully opposed by the Church of England and many Christian denominations. Opposite-sex couples have been able to enter into civil partnerships in England and Wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Child
A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person younger than the age of majority. Children generally have fewer rights and responsibilities than adults. They are classed as unable to make serious decisions. ''Child'' may also describe a relationship with a parent (such as sons and daughters of any age) or, metaphorically, an authority figure, or signify group membership in a clan, tribe, or religion; it can also signify being strongly affected by a specific time, place, or circumstance, as in "a child of nature" or "a child of the Sixties." Biological, legal and social definitions In the biological sciences, a child is usually defined as a person between birth and puberty, or between the developmental period of infancy and puberty. Legally, the term ''child'' may refer to anyone below th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actio Iniuriarum
The ''actio iniuriarum'' is an action for delict which "not only seeks to protect an individual's dignity and reputation but also his or her physical integrity." Harm or loss The harm or loss which gives rise to the ''actio iniuriarum'' is a violation of a personality interest, usually classified, as per the definition above, under the following three headings: * ''corpus'', or bodily integrity; * ''dignitas'', or dignity; and * ''fama'', or reputation. Conduct The delictual conduct required for a successful application of the action comes usually in the form of statements or positive conduct. Seldom is it an omission. Causation Causation is normally not an issue in respect of the ''actio iniuriarum'', but it may become one in some instances, as in deprivation-of-liberty cases. Wrongfulness Conduct will be wrongful in terms of this action if it is objectively unreasonable and without lawful justification: "Having a valid defence means that the conduct is justified and the ... [...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] |
Law Of South Africa
South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin). These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
War In Vietnam
The Vietnam War (also known by other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vietnam and South Vietnam. The north was supported by the Soviet Union, China, and other communist states, while the south was supported by the United States and other anti-communist allies. The war is widely considered to be a Cold War-era proxy war. It lasted almost 20 years, with direct U.S. involvement ending in 1973. The conflict also spilled over into neighboring states, exacerbating the Laotian Civil War and the Cambodian Civil War, which ended with all three countries becoming communist states by 1975. After the French military withdrawal from Indochina in 1954 – following their defeat in the First Indochina War – the Viet Minh took control of North Vietnam, and the U.S. assumed financial and military support for the South Viet ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Department Of Defense
The United States Department of Defense (DoD, USDOD or DOD) is an executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national security and the United States Armed Forces. The DoD is the largest employer in the world, with over 1.34 million active-duty service members (soldiers, marines, sailors, airmen, and guardians) as of June 2022. The DoD also maintains over 778,000 National Guard and reservists, and over 747,000 civilians bringing the total to over 2.87 million employees. Headquartered at the Pentagon in Arlington, Virginia, just outside Washington, D.C., the DoD's stated mission is to provide "the military forces needed to deter war and ensure our nation's security". The Department of Defense is headed by the secretary of defense, a cabinet-level head who reports directly to the president of the United States. Beneath the Department of Defense are th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
