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Actio Personalis Moritur Cum Persona
''Actio personalis moritur cum persona'' is a Latin expression meaning "a personal right of action dies with the person". Effect of the maxim Some legal causes of action can survive the death of the claimant or plaintiff, for example actions founded in contract law. However, some actions are personal to the plaintiff, defamation of character being one notable example. Therefore, such an action, where it relates to the private character of the plaintiff, comes to an end on his death, whereas an action for the publication of a false and malicious statement which causes damage to the plaintiff's personal estate will survive to the benefit of his or her personal representatives. The principle also exists to protect the estate and executors from liability for strictly personal acts of the deceased, such as charges for fraud. Origins of the maxim It has been argued by academics and acknowledged by the courtscf. the remarks of Viscount Simon in ''Stewart v. London, Midland and Scot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjug ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maxim (saying)
Maxim or Maksim may refer to: Entertainment * ''Maxim'' (magazine), an international men's magazine ** ''Maxim'' (Australia), the Australian edition ** ''Maxim'' (India), the Indian edition *Maxim Radio, ''Maxim'' magazine's radio channel on Sirius Satellite Radio *''Maxim'', a fictional ship in the manga and anime series ''One Piece'' *Maxim, the hero of the video game '' Lufia II: Rise of the Sinistrals'' and its remake, '' Lufia: Curse of the Sinistrals'' Literature and language *A species of adage, aphorism, or saying that expresses a general moral rule, especially a philosophical maxim * ''Maxims'' (Old English poems), examples of gnomic poetry *'' Maximes'' (1665–78) of François de La Rochefoucauld (1613–80) Organizations * Mary Maxim, craft and needlework mail-order company in Canada *Maxim Brewery, brewing company in England * Maxim's Catering, chain of caterers, restaurants, and fast food shops in Hong Kong * Maxim Healthcare Services, medical staffing and home ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Phillips V Homfray
''Phillips v Homfray'' is an important landmark decision in English law of restitution. The court case lasted 20 years, and was complicated by the death of one of the defendants. It involved a matter in which the defendant had committed a trespass to land of his neighbor by tunneling under the plaintiffs' land and mining coal from it. Joseph and John Phillips owned a farm of 116 acres, in Monmouthshire. Unbeknownst to them their neighbours, the Tredegar Iron Company, extracted 2000 tons of coal from under their farm The plaintiff sought in equity an account of profits, and rent for the use of the subterranean portion of their property. The Court of Appeal eventually found for the plaintiff, and ordered an inquiry into the value of the coal that had been mined by the defendant. This inquiry was delayed for some years. The Court ruled for restoration of the wrongfully appropriated profits. The court eventually concluded that the plaintiff could sue the deceased's estate, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hambly V
Hambly is a surname. Notable people with the surname include: *Barbara Hambly (born 1951), American novelist and screenwriter of fantasy, science fiction, mystery, and historical fiction * Barbara Hambly (field hockey) (born 1958), former English field hockey player, captained the British squad at the 1988 Summer Olympics * Brian Hambly (1938–2008), Australian rugby league player, a representative forward for the Australia national team 1959–1965 * Charles Wesley Hambly (born 1863), drover and political figure in Ontario *Edmund Hambly (1942–1995), British structural engineer * Gary Hambly (born 1956), Australian former professional rugby league footballer *Kevin Hambly (born 1973), American volleyball coach at the University of Illinois at Urbana-Champaign *Thomas Hambly Ross Thomas Hambly Ross (February 25, 1886 – November 20, 1956) was a Canadian politician. Born in Woodstock, Ontario, Ross was first elected in the 1940 election as the Liberal Member of Parliament f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pinchon's Case
Pinchon's case was an early court case and precedent in assumptsit. Pinchons case established that contractual liability was transmittable to an estate if the debtor had died. However, the court also held that ''collateral promises'' did die with the debtor. This decision was over turned in Sanders v Easterby. when the court held that executors could be held liable for debts.Alfred William Brian Simpson, A History of the Common Law of Contract, Volume 1 (Clarendon Press, 1987) p572. See also *Actio personalis moritur cum persona ''Actio personalis moritur cum persona'' is a Latin expression meaning "a personal right of action dies with the person". Effect of the maxim Some legal causes of action can survive the death of the claimant or plaintiff, for example actions fou ... References {{reflist English property case law Court of King's Bench (England) cases 1611 in law Edward Coke cases 1611 in England ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Coke
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Saxon England, but the rule of the Norman and Plantagenet dynasties had effectively ended its use amongst the upper classes. The popularity of the name was revived when Henry III named his firstborn son, the future Edward I, as part of his efforts to promote a cult around Edward the Confessor, for whom Henry had a deep admiration. Variant forms The name has been adopted in the Iberian peninsula since the 15th century, due to Edward, King of Portugal, whose mother was English. The Spanish/Portuguese forms of the name are Eduardo and Duarte. Other variant forms include French Édouard, Italian Edoardo and Odoardo, German, Dutch, Czech and Romanian Eduard and Scandinavian Edvard. Short forms include Ed, Eddy, Eddie, Ted, Teddy and Ned. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of King's Bench (England)
The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the ''curia regis'', the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas (England), Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice (now the Lord Chief Justice of England and Wales) and usually three Puisne Justices. In the 15th and 16th centuries, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equity (law), equitable doctrines as one of the two principal common law c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tortfeasor
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 cust ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Simon, 1st Viscount Simon
John Allsebrook Simon, 1st Viscount Simon, (28 February 1873 – 11 January 1954), was a British politician who held senior Cabinet posts from the beginning of the First World War to the end of the Second World War. He is one of only three people to have served as Home Secretary, Foreign Secretary and Chancellor of the Exchequer, the others being Rab Butler and James Callaghan. He also served as Lord Chancellor, the most senior position in the British legal system. Beginning his career as a Liberal (identified initially with the left wing but later with the right wing of the party), he joined the National Government in 1931, creating the Liberal National Party in the process. At the end of his career, he was essentially a Conservative. Background and education Simon was born in a terraced house on Moss Side, Manchester, the eldest child and only son of Edwin Simon (1843–1920) and wife Fanny Allsebrook (1846–1936). His father was a Congregationalist minister, like thr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Claimant
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 with a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
