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Lennard's Carrying Co Ltd V Asiatic Petroleum Co Ltd
''Lennard's Carrying Co Ltd v Asiatic Petroleum Co Ltd'' 915AC 705 is a famous decision by the House of Lords on the ability to impose liability upon a corporation. The decision expands upon the earlier decision in '' Salomon v Salomon & Co.'' 897AC 22 and first introduced the "alter ego" theory of corporate liability. Facts A ship owned by Lennard's Carrying Co was transporting some goods on a voyage from Novorossiysk to the Asiatic Petroleum Company, a joint venture of the Shell and Royal Dutch oil companies. The ship sank and the cargo was lost. The judge found that the director, Mr Lennard, did know or should have known about defects in the ship, which led its boiler to catch fire, and ultimately sink the ship. There was an exemption from liability in section 502 of the Merchant Shipping Act 1894 ( 57 & 58 Vict. c. 60), stating that a ship owner would not be liable for losses if an event happened without 'actual fault or privity'. Asiatic Petroleum Co Ltd sued Mr Lennard's com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for Impeachment in the United Kingdom, impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In Appellate Jurisdiction Act 1876, 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lord of Appeal in Ordinary, Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and the use of special courts for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
57 & 58 Vict
57 may refer to: * 57 (number) * one of the years 57 BC, AD 57, 1957, 2057 * "57" (song), a song by Biffy Clyro * "Fifty Seven", a song by Karma to Burn from the album ''Arch Stanton'', 2014 * "57" (album), a studio album by Klaus Major Heuser Band in 2014 * "57 Live" (album), a live double-album by Klaus Major Heuser Band in 2015 * Heinz 57 (varieties), a former advertising slogan * Maybach 57, an ultra-luxury car * American Base Hospital No. 57 * Swift Current 57's The Swift Current 57's (formerly the Swift Current Indians) are a baseball team based in Swift Current, Saskatchewan, Canada. The team is a member of the Western Canadian Baseball League (WCBL), a collegiate summer baseball Collegiate summer b ..., baseball team in the Western Canadian Baseball League * FN Five-seveN, a semi-automatic pistol * 57 Mnemosyne, a main-belt asteroid * Tatra 57, a compact car {{Numberdis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Company Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television ser ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses generally have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into the kitchen or another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1915 In Case Law
Events Below, the events of World War I have the "WWI" prefix. January *January – British physicist Sir Joseph Larmor publishes his observations on "The Influence of Local Atmospheric Cooling on Astronomical Refraction". *January 1 ** WWI: British Royal Navy battleship HMS Formidable (1898), HMS ''Formidable'' is sunk off Lyme Regis, Dorset, England, by an Imperial German Navy U-boat, with the loss of 547 crew. **WWI: Battle of Broken Hill: A train ambush near Broken Hill, Australia, is carried out by two men (claiming to be in support of the Ottoman Empire) who are killed, together with four civilians. * January 5 – Joseph E. Carberry sets an altitude record of , carrying Capt. Benjamin Delahauf Foulois as a passenger, in a fixed-wing aircraft. * January 12 ** The United States House of Representatives rejects a proposal to give women the right to vote. ** ''A Fool There Was (1915 film), A Fool There Was'' premières in the United States, starring Theda Bara as a '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employee
Employment is a relationship between two party (law), parties Regulation, regulating the provision of paid Labour (human activity), labour services. Usually based on a employment contract, contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wage, wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuity, gratuities, bonus payments or employee stock option, stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, and disability insurance. Employment is typically governed by Labour law, employment laws, o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vicarious Liability
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, '' respondeat superior'', the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability, or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability. The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee. Employers' liability Employers are vicariously liable, under the '' respondeat superior'' doctrine, for negligent acts or omi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Respondeat Superior
''Respondeat superior'' (Latin: "let the master answer"; plural: ''respondeant superiores'') is a doctrine that a party is responsible for (and has vicarious liability for) acts of his agents.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> For example, in the United States, there are circumstances when an employer is liable for acts of employees performed within the course of their employment. This rule is also called the master-servant rule, recognized in both common law and civil law jurisdictions. In a broader scope, ''respondeat superior'' is based upon the concept of vicarious liability. In common law The common law concept of ''respondeat superior'' has its roots in ancient Rome. At the time, the concept applied to slaves, as that was the meaning of what has been translated as servants, and it applied if the slave could not pay himself for the act. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agency (law)
The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, who is authorized to act on behalf of another (called the principal) to create legal relations with a third party. It may be referred to as the equal relationship between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work under their control and on their behalf. The agent is, thus, required to negotiate on behalf of the principal or bring them and third parties into contractual relationship. This branch of law separates and regulates the relationships between: * agents and principals (internal relationship), known as the principal-agent relationship; * agents and the third parties with whom they deal on their principals' behalf (external relationship); and * principals and the third parties when the agents deal. Concepts The reciprocal rights a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Board Of Directors
A board of directors is a governing body that supervises the activities of a business, a nonprofit organization, or a government agency. The powers, duties, and responsibilities of a board of directors are determined by government regulations (including the jurisdiction's corporate law) and the organization's own constitution and by-laws. These authorities may specify the number of members of the board, how they are to be chosen, and how often they are to meet. In an organization with voting members, the board is accountable to, and may be subordinate to, the organization's full membership, which usually elect the members of the board. In a stock corporation, non-executive directors are elected by the shareholders, and the board has ultimate responsibility for the management of the corporation. In nations with codetermination (such as Germany and Sweden), the workers of a corporation elect a set fraction of the board's members. The board of directors appoints the ch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act. The concept of negligence is linked to the obligation of individuals to exercise reasonable care in their actions and to consider foreseeable harm that their conduct might cause to other people or property. The elements of a negligence claim include the duty to act or refrain from action, breach of that duty, actual and proximate cause of harm, and damages. 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. Elements of negligence claims To successfully pursue a claim of negligence through a lawsuit, a plaintiff must establish the " elements" of neg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Merchant Shipping Act 1894
The Merchant Shipping Act 1894 ( 57 & 58 Vict. c. 60) was an act of the Parliament of the United Kingdom that consolidated enactments relating to merchant shipping in the United Kingdom. Background In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's '' Commentaries on the Laws of England'', published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book. In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book. From 1810 to 1825, ''The Statutes of the Realm'' was published, providing for the first time the authoritative collection of acts. By the early 19th century, British customs law, relating to trade, navigation, the import and export of goods, and the collection of customs revenue, had become increasingly intricate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
