Bolton V. Stone
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Bolton V. Stone
''Bolton v. Stone' 9511 All ER 1078 is a leading House of Lords case in the tort of negligence, establishing that a defendant is not negligent if the damage to the plaintiff was not a reasonably foreseeable consequence of his conduct. The plaintiff was hit by a cricket ball which had been hit out of the ground; the defendants were members of the club committee. Facts On 9 August 1947, during a game of cricket against the Cheetham 2nd XI at Cheetham Cricket Ground in Manchester, a batsman from the visiting team hit the ball for six. The ball flew out of the ground, hitting the claimant, Miss Stone, who was standing outside her house in Cheetham Hill Road, approximately from the batsman. The club had been playing cricket at the ground since 1864, before the road was built in 1910. The ground was surrounded by a fence, but the ground sloped up so the fence was above the level of the pitch where the ball passed, about from the batsman. There was evidence that a ball had been h ...
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House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ...
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Donald Somervell, Baron Somervell Of Harrow
Donald Bradley Somervell, Baron Somervell of Harrow, (24 August 1889 – 18 November 1960) was a British barrister, judge and Conservative Party politician. He served as Solicitor General and Attorney General from 1933 to 1945 and was briefly Home Secretary in Winston Churchill's 1945 caretaker government. Background, education and legal career Somervell was the son of Robert Somervell, master and bursar of Harrow School, and was educated at Harrow before reading Chemistry with a demyship at Magdalen College, Oxford, graduating with a First in 1911. In 1912 he was elected a prize fellow of All Souls College, Oxford, the first chemist to be elected. He then joined the Inner Temple, but his legal training was interrupted by the outbreak of the First World War. Commissioned into the British Army, he served with the Middlesex Regiment and the 53rd Brigade in India and Mesopotamia. For his war service, he was appointed OBE in 1919. Having been called to the bar ''in absentia'' in ...
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Miller V Jackson
''Miller v Jackson'' 977QB 966 is a famous Court of Appeal of England and Wales case in the torts of negligence and nuisance. The court considered whether the defendant - the chairman of a local cricket club, on behalf of its members - was liable in nuisance or negligence when cricket balls were hit over the boundary and onto the property of their neighbours, Mr and Mrs Miller, the plaintiffs. Facts Cricket had been played at a small cricket ground in Lintz, near Burnopfield, County Durham, since 1905, on land leased to the club by the National Coal Board. The National Coal Board also owned a field adjacent to the ground, which it sold to Stanley Urban District Council. The Council sold the land to Wimpey for development. A line of new semi-detached houses were built next to the ground in 1972, one of which, 20, Brackenridge, was bought by the Millers. The Millers' garden boundary was only from the nearest batting crease, and their house only further away. Several cricket ...
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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 b ...
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Donoghue V Stevenson
was a Lists of landmark court decisions, landmark court decision in Scots delict law and English tort law by the House of Lords. It laid the foundation of the modern law of negligence in Common law jurisdictions worldwide, as well as in Scotland, establishing general principles of the duty of care. Also known as the "Paisley Snail" or "Snail in the Bottle" case, the case involved Mrs May Donoghue drinking a bottle of ginger beer in a café in Paisley, Renfrewshire. Unknown to her or anybody else, a decomposed snail was in the bottle. She fell ill, and subsequently sued the ginger beer manufacturer, Mr Stevenson. The House of Lords held that the manufacturer owed a duty of care to her, which was breached because it was reasonably foreseeable that failure to ensure the product's safety would lead to harm to consumers. There was also a sufficiently proximate relationship between consumers and product manufacturers. Prior to ''Donoghue v Stevenson'', liability for personal injury i ...
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Lord Atkin
James Richard Atkin, Baron Atkin, (28 November 1867 – 25 June 1944), commonly known as Dick Atkin, was an Australian-born British judge, who served as a lord of appeal in ordinary from 1928 until his death in 1944. He is especially remembered as the judge giving the leading judgement in the case of Donoghue v Stevenson in 1932, in which he established the modern law of negligence in the UK, and indirectly in most of the common law world. Early life and practice Atkin was the son of Robert Travers Atkin (1841–1872) and his wife, Mary Elizabeth ''née'' Ruck (1842–1920). Robert was from Kilgarriff, County Cork, Mary's father from Newington, Kent, and her mother from Merioneth, Wales. The couple married in 1864 and soon emigrated to Australia intending to take up sheep farming. However, little more than a year into their enterprise Robert was badly injured in a fall from a horse and the couple moved to Brisbane where Robert became a journalist and politician. He always t ...
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Lord Radcliffe
Cyril John Radcliffe, 1st Viscount Radcliffe, (30 March 1899 – 1 April 1977) was a British lawyer and Law Lord best known for his role in the Partition of India. He served as the first chancellor of the University of Warwick from its foundation in 1965 to 1977. Background, education and early career Radcliffe was born in Llanychan, Denbighshire, Wales, the son of an army captain. His maternal grandfather was President of the Law Society between 1890 and 1891. Radcliffe was educated at Haileybury College. He was then conscripted in World War I but his poor eyesight limited the options for service so he was allocated to the Labour Corps. After the War, he attended New College, Oxford as a scholar, and took a first in ''literae humaniores'' in 1921. In 1922 he was elected to a prize fellowship at All Souls College, Oxford. He won the Eldon Law Scholarship in 1923. He was called to the bar by the Inner Temple in 1924, and joined the chambers of Wilfred Greene, later the Mas ...
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James Reid, Baron Reid
James Scott Cumberland Reid, Baron Reid, (30 July 1890 – 29 March 1975) was a Scottish Unionist politician and judge. His reputation is as one of the most outstanding judges of the 20th century. Life He was born on 30 July 1890 in Drem, East Lothian the son of James Reid a Solicitor of the Supreme Courts (SSC) and his wife, Kate Scott. Educated at Edinburgh Academy, he then studied law at Jesus College, Cambridge, graduating BA in 1910 and LLB in 1911. He was admitted as an advocate in 1914. He was commissioned into the 8th battalion Royal Scots in World War I and was seconded to the Machine Gun Corps in 1916, serving in Mesopotamia and reaching the rank of Major. He resigned his commission in 1921. He was appointed a King's Counsel in 1932. He was Member of Parliament (MP) for Stirling and Falkirk from October 1931 until his defeat in November 1935, and for Glasgow Hillhead from June 1937 until September 1948. He served as Solicitor General for Scotland from J ...
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Lord Oaksey
Geoffrey Lawrence, 3rd Baron Trevethin, 1st Baron Oaksey, (2 December 1880 – 28 August 1971) was the main British judge during the Nuremberg trials after World War II, Second World War, and President of the Judicial group. Biography The Lawrence family came from Builth Wells in Radnorshire. Lawrence was born in London, England on 2 December 1880. Geoffrey Lawrence was the youngest son of Alfred Tristram Lawrence, 1st Baron Trevethin, Lord Trevethin, briefly Lord Chief Justice of England and Wales, Lord Chief Justice of England in 1921–22. He attended Haileybury and Imperial Service College, Haileybury (where Clement Attlee was his junior) and New College, Oxford, New College, University of Oxford, Oxford. Lawrence was called to the Bar by the Inner Temple in 1906, and later joined the chambers of Robert Finlay, 1st Viscount Finlay, Sir Robert Finlay. The chambers specialised in taking appellate cases to the highest courts—the House of Lords for domestic cases, and the Ju ...
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