|
Byrne V Boadle
''Byrne v Boadle'' (2 Hurl. & Colt. 722, 159 Eng. Rep. 299, 1863) is an English tort law case that first applied the doctrine of ''res ipsa loquitur'' (“the thing speaks for itself”). Facts A barrel of flour fell from a second-story loft and hit the plaintiff on his shoulder. Though there were two witnesses who saw the injury, there were no witnesses as to how the barrel fell out and hit the plaintiff. Under these conditions, the plaintiff was not required to provide direct evidence as to whether the person responsible for the barrel had breached his duty of care In Tort, tort law, a duty of care is a legal Law of obligations, obligation that is imposed on an individual, requiring adherence to a standard of care, standard of Reasonable person, reasonable care to avoid careless acts that could foreseeab .... Judgment Initially, in the lower court the case was dismissed through a directed verdict because the plaintiff could provide no evidence. Subsequently the appella ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Tort Law
English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil law, rather than English criminal law, criminal law, that usually requires a payment of money to make up for damage that is caused. Alongside English contract law, contracts and English unjust enrichment, unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations. In English law, torts like other civil cases are generally tried in front a judge without a jury. History Following Roman law, the English system has long been based on a closed system of nominate torts, such as trespass, battery and conversion. This is in contrast to continental legal systems, which have since adopted more open systems of tortious liability. There are various categories of tort, which lead back to the system of separate causes of action. The tort of neg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Res Ipsa Loquitur
''Res ipsa loquitur'' (Latin: "the thing speaks for itself") is a doctrine in common law and Roman-Dutch law jurisdictions under which a court can infer negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved in the context of tort litigation. The crux of ''res ipsa loquitur'' is circumstantial inference. Although specific criteria differ by jurisdiction, an action typically must satisfy the following elements of negligence: the existence of a duty of care, breach of appropriate standard of care, causation, and injury. In ''res ipsa loquitur'', the existence of the first three elements is inferred from the existence of injury that does not ordinarily occur without negligence. History The term comes from Latin and is literally translated "the thing itself speaks", but the sense is well conveyed in the more common translation, "the thing speaks for itself". The earliest known use of the phrase was by Cicero in his defe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Loft
A loft is a building's upper storey or elevated area in a room directly under the roof (American usage), or just an attic: a storage space under the roof usually accessed by a ladder (primarily British usage). A loft apartment refers to large adaptable open space, often converted for residential use (a converted loft) from some other use, often light industrial. Loft and attic In US usage, a loft is an upper room or storey in a building, mainly in a barn, directly under the roof, used for storage (as in most private houses). In this sense it is roughly synonymous with attic, the major difference being that an attic typically constitutes an entire floor of the building, while a loft covers only a few rooms, leaving one or more sides open to the lower floor. In British usage, lofts are usually just a roof space accessed via a hatch and loft ladder, while attics tend to be rooms immediately under the roof accessed via a staircase. Lofts may have a specific purpose, e.g. an or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Direct Evidence
In law, a body of facts that directly supports the truth of an assertion without intervening inference. It is often exemplified by eyewitness testimony, which consists of a witness's description of their reputed direct sensory experience of an alleged act without the presentation of additional facts. By contrast, circumstantial evidence can help prove via inference whether an assertion is true, such as forensics presented by an expert witness. In a criminal case, an eyewitness provides direct evidence of the ''actus reus'' if they testify that they witnessed the actual performance of the criminal event under question. Other testimony, such as the witness description of a chase leading up to an act of violence or a so-called '' smoking gun'' is considered circumstantial. See also * * *Hearsay Hearsay, in a legal forum, is an out-of-court statement which is being offered in court for the truth of what was asserted. In most courts, hearsay evidence is Inadmissible evidence, i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breach Of Duty In English Law
In English tort law, there can be no liability in negligence unless the claimant establishes both that they were owed a duty of care by the defendant, and that there has been a breach of that duty. The defendant is in breach of duty towards the claimant if their conduct fell short of the standard expected under the circumstances. General standard of care is as follows For a defendant to be deemed negligent, he must have breached his duty of care towards the plaintiff. In order to be deemed as breaching the duty of care, his actions must be proven to fall below the standard of care likely to be taken by the reasonable man. Establishing a breach of duty and ascertaining the standard of care is complex and before establishing that the duty of care has been breached the plaintiff must first prove that the defendant owed him a duty of care. The standard of care is defined as the measures that a reasonable person (in the circumstances of the defendant) take to reduce the risk of harm. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Care
In Tort, tort law, a duty of care is a legal Law of obligations, obligation that is imposed on an individual, requiring adherence to a standard of care, standard of Reasonable person, reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence. It is the first element that must be established to proceed with an action in negligence. The claimant must Cause of action, be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed ''by operation of law'' between individuals who have no ''current'' direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the established and implicit responsibilities held by individuals/entities towards others within society. It ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Circumstantial Evidence
Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact, such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly, i.e., without need for any additional evidence or inference. Overview On its own, circumstantial evidence allows for more than one explanation. Different pieces of circumstantial evidence may be required, so that each corroborates the conclusions drawn from the others. Together, they may more strongly support one particular inference over another. An explanation involving circumstantial evidence becomes more likely once alternative explanations have been ruled out. Circumstantial evidence allows a trier of fact to infer that a fact exists. In criminal law, the inference is made by the trier of fact to support the truth of an assertion (of guilt or absence of guilt). Reasonable doubt is tied into circumstantial evidence as that evidence relies on inference ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Baron Pollock
Sir Charles Edward Pollock (31 October 1823 – 21 November 1897) was an English judge, one of the last Barons of the Court of the Exchequer and serjeants-at-law. Life Charles Edward Pollock was born on 31 October 1823, the fourth son of Sir Jonathan Frederick Pollock, by his first wife, Frances, daughter of Francis Rivers. He was educated at St. Paul's School from 1833 to 1841, and, dispensing with a university course, served a long and varied apprenticeship to the law as private secretary and (from 1846) marshal to his father, and also as pupil to James Shaw Willes. On 18 January 1842, he was admitted student at the Inner Temple, where he was called to the bar on 29 January 1847, and elected bencher on 16 November 1866. For some years after his call Pollock went the home circuit without success. Meanwhile, however, he made himself known as a reporter in the court of exchequer, then unusually efficient, Sir Edward Hall Alderson, and Sir James Parke, Baron Wensleyd ... [...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 ' ("first") and ' ("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. The similar ''ex facie'', ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Tort Case Law
English usually refers to: * English language * English people English may also refer to: Culture, language and peoples * ''English'', an adjective for something of, from, or related to England * ''English'', an Amish term for non-Amish, regardless of ethnicity * English studies, the study of English language and literature Media * ''English'' (2013 film), a Malayalam-language film * ''English'' (novel), a Chinese book by Wang Gang ** ''English'' (2018 film), a Chinese adaptation * ''The English'' (TV series), a 2022 Western-genre miniseries * ''English'' (play), a 2022 play by Sanaz Toossi People and fictional characters * English (surname), a list of people and fictional characters * English Fisher (1928–2011), American boxing coach * English Gardner (born 1992), American track and field sprinter * English McConnell (1882–1928), Irish footballer * Aiden English, a ring name of Matthew Rehwoldt (born 1987), American former professional wrestle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1863 In Case Law
Events January * January 1 – Abraham Lincoln signs the Emancipation Proclamation during the third year of the American Civil War, making the abolition of slavery in the Confederate States of America an official war goal. The signing proclaimed the freedom of 3.1 million of the nation's four million slaves and immediately frees 50,000 of them, with the rest freed as the Union Army advances. This event marks the start of America's Reconstruction Era. * January 2 – Master Lucius Tar Paint Company (''Teerfarbenfabrik Meister Lucius''), predecessor of Hoechst, as a worldwide chemical manufacturing brand, founded in a suburb of Frankfurt am Main, Germany. * January 4 – Founding date of the New Apostolic Church, a Christian and chiliastic church, in a schism with the Catholic Apostolic Church in Hamburg, Germany. * January 7 – In the Swiss canton of Ticino, the village of Bedretto is partly destroyed and 29 killed by an avalanche. * January 8 ** ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
