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Re Polemis
''Re Polemis & Furness, Withy & Co Ltd'' (1921) is an English law, English tort case on Causation in English law, causation and Remoteness (law), remoteness in the law of negligence. The Court of Appeal of England and Wales, Court of Appeal held that a defendant can be deemed liable for all consequences flowing from his negligent conduct regardless of how unforeseeable such consequences are. The case is an example of strict liability, a concept which has generally fallen out of favour with the common law courts. The case may now be considered "bad law", having been superseded by the landmark decisions of ''Donoghue v Stevenson'' and ''Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, The Wagon Mound (No 1)''. Facts The defendant stevedore's employees were loading cargo into a ship. An employee negligence, negligently caused a Plank (wood), plank to fall into the ship's hold. The plank caused a Spark (fire), spark, which ignited some petrol vapour in the hold, causin ... [...More Info...] [...Related Items...] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "Her Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales The courts of England and Wales, supported administratively by Her Majesty's Courts and Tribunals Service Her Majesty's Courts and Tribunals Service is an executive agency of the Ministry of Justice (United Kingdom), Ministry of Justice. It wa ..., and second in the legal system of England and Wales England and Wales () is a legal jurisdiction covering England and Wales, two of the four countries of the United Kingdom, parts of the United Kingdom. England and Wales forms the constitutional successor to the former Kingdom of England and follows ... only to the Supreme Court of the United Kingdom The Supreme Court (: UKSC or the : SCOTUK) is the in the for all civil cases, as well as for criminal cases originating in England, Wales and Northern Ireland. It also hears cases of the greate ... [...More Info...] [...Related Items...] |
Explosion
An explosion is a rapid expansion in volume Volume is a expressing the of enclosed by a . For example, the space that a substance (, , , or ) or occupies or contains. Volume is often quantified numerically using the , the . The volume of a container is generally understood to be the ... associated with an extremely vigorous outward release of energy In , energy is the that must be to a or to perform on the body, or to it. Energy is a ; the law of states that energy can be in form, but not created or destroyed. The unit of measurement in the (SI) of energy is the , which is the ..., usually with the generation of high temperatures Temperature ( ) is a physical quantity that expresses hot and cold. It is the manifestation of thermal energy Thermal radiation in visible light can be seen on this hot metalwork. Thermal energy refers to several distinct physical concept ... and release of high-pressure gas Gas is one of the four fundamental ... [...More Info...] [...Related Items...] |
Negligence Per Se
Negligence ''per se'' is a doctrine in US law whereby an act is considered negligent because it violates a statute (or regulation). The doctrine is effectively a form of strict liability. Elements In order to prove negligence ''wikt:per se, per se'', the plaintiff usually must show that: # the defendant violated the statute, # the act caused the kind of harm the statute was designed to prevent, and # the plaintiff was a member of the statute's protected class. In some jurisdictions, negligence ''per se'' creates merely a rebuttable presumption of negligence. A typical example is one in which a contractor violates a building code when constructing a house. The house then collapses, injuring somebody. The violation of the building code establishes negligence ''per se'' and the contractor will be found liable, so long as the contractor's breach of the code was the cause (proximate cause and actual cause) of the injury. History A famous early case in negligence ''per se'' is ''Gorr ... [...More Info...] [...Related Items...] |
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, rather than criminal law Criminal law is the body of law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its env ..., that usually requires a payment of money to make up for damage that is caused. Alongside contracts A contract is a legally binding document between at least two parties that defines and governs the rights and duties of the parties to an agreement. A contract is legally enforceable because it meets the requirements and approval of the law. A ... and unjust enrichment In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unj ... [...More Info...] [...Related Items...] |
Smith V Leech Brain & Co Ltd
Smith v Leech Brain & Co [1962] 2 QB 405 is a landmark English tort law case in negligence, concerning Remoteness in English Law, remoteness of damage or causation in law. It marked the establishment of the Eggshell skull, eggshell skull rule, the idea that an individual is held responsible for the full consequences of his negligence, regardless of extra, or special damage caused to others. Facts The defendant company employed the plaintiff victim as a galvanisation, galvaniser whose duties included using a crane to lift metal items and immerse them into a tank of molten zinc. While doing so, an object spattered out from the tank and burned him on the lip. This burn was the "promoting agent" of a cancer from which he died three years later. The employer's negligence in respect to the burn was not disputed, and was determined to have Causation in English law, caused the claimant's death. The important legal issue, however, was that the claimant had a predisposition to the cancer in hi ... [...More Info...] [...Related Items...] |
Personal Injury
Personal injury is a legal term for an injury Injury, also known as physical trauma, is damage Damage is any change in a thing, often a physical object, that degrades it away from its initial state. It can broadly be defined as "changes introduced into a system that adversely affect its ... to the body, mind or emotions, as opposed to an injury to property. In common-law jurisdictions the term is most commonly used to refer to a type of tort A tort, in common law In law, common law (also known as judicial precedent or judge-made law, or ) is the body of law created by judges and similar quasi-judicial by virtue of being stated in written opinions. ' is the most-used legal dict ... lawsuit in which the person bringing the suit (the "claimant" in English Law or "plaintiff" in American jurisdictions) has suffered harm to his or her body or mind. Personal injury lawsuits are filed against the person or entity that caused the harm through negligence, gross negligence, r ... [...More Info...] [...Related Items...] |
Eggshell Skull
The eggshell rule (also thin skull rule or talem qualem rule) is a well-established legal doctrine in common law, used in some tort law systems, with a similar doctrine applicable to criminal law. The rule states that, in a tort case, the unexpected frailty of the injured person is not a valid defense to the seriousness of any injury caused to them. Law This rule holds that a tortfeasor is liable for all consequences resulting from their tortious (usually negligent) activities leading to an injury to another person, even if the victim suffers an unusually high level of damage (e.g. due to a pre-existing vulnerability or medical condition).. The eggshell skull rule takes into account the physical, social, and economic attributes of the plaintiff which might make them more susceptible to injury.''Nader v Urban Transit Authority of NSW'' (1985) 2 NSW Law Reports, NSWLR 501, NSW Court of Appeal, Court of Appeal (NSW, Australia) per McHugh JALawCite records It may also take into a ... [...More Info...] [...Related Items...] |
Doughty V Turner Manufacturing
''Doughty v Turner Manufacturing'' is a 1964 English law, English case on the law of English law of negligence, negligence. The case is notable for failing to apply the concept of "foreseeable class of harm" established in ''Hughes v Lord Advocate'', thereby denying the award of damages to a factory worker injured in an accident at work. Facts A factory worker who was lowering an lid with an asbestos-cement lining onto a cauldron of hot acidic liquid accidentally knocked the lid into the liquid. Shortly afterwards a "violent eruption" occurred, causing serious burns to the claimant who was standing some distance away. Unknown to anyone, the asbestos-cement lining was saturated with moisture from atmospheric water-vapour, and the accident occurred when water in the lid turned to steam and "erupted". Held Applying the dictum in ''Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, The Wagon Mound No. 1'', the court denied the claimant a remedy, saying the injury was "t ... [...More Info...] [...Related Items...] |
Hughes V Lord Advocate
is an important Scottish Scots delict, delict case decided by the Judicial functions of the House of Lords, House of Lords on Causation (law), causation. The case is also influential in negligence in the English law of tort (even though English law does not recognise "allurement" ''per se''). The case's main significance is that, after the shift within the common law of English law of negligence, negligence from strict liability to a reasonable standard of care, this case advocated a middle way, namely: *Even if the loss or harm is not itself foreseeable, liability may arise provided the actual loss falls with a "foreseeable class of harm". This idea was neither developed nor expanded upon, and only one year later the claimant in ''Doughty v Turner Manufacturing'' obtained no remedy ''via'' this "middle way". However, the case was followed in subsequent cases on occupiers' liability. Facts One evening in November 1958 two boys aged 8 and 10 were walking down Russell Road, Edin ... [...More Info...] [...Related Items...] |
Overseas Tankship (U
Overseas may refer to: *Overseas (album), ''Overseas'' (album), a 1957 album by pianist Tommy Flanagan and his trio *Overseas (band), an American indie rock band *Overseas (song), "Overseas" (song), a 2018 song by American rappers Desiigner and Lil Pump *Overseas (Tee Grizzley song), "Overseas" (Tee Grizzley song), a 2019 song from ''Scriptures'' by American rapper Tee Grizzley *Overseas RUFC, a Maltese rugby club See also *Diaspora, a scattered population whose origin lies in a separate locale *Expatriate, a person residing in a country other than their native country *Outremer or Crusader states, four Roman Catholic polities *Overseas collectivity, an administrative division of France *Overseas constituency, an electoral district outside of a nation-state's borders *Overseas countries and territories, territories dependent on an EU member state *Overseas country of France, a designation for French Polynesia *Overseas department and region, a department of overseas France *Over ... [...More Info...] [...Related Items...] |
Privy Council
A privy council is a body that advises the head of state A head of state (or chief of state) is the public persona A persona (plural personae or personas), depending on the context, can refer to either the public image of one's personality, or the social role that one adopts, or a fictional ch ... of a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, Un ..., typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee A committee or commission is a body of one or more persons subordinate to an assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more fully than w . ... [...More Info...] [...Related Items...] |
Fire
Fire is the rapid oxidation Redox (reduction–oxidation, pronunciation: or ) is a type of chemical reaction A chemical reaction is a process that leads to the chemical transformation of one set of chemical substance A chemical substance is a form of matter ... of a material (the fuel A fuel is any material that can be made to react with other substances so that it releases energy as thermal energy Thermal radiation in visible light can be seen on this hot metalwork. Thermal energy refers to several distinct physical con ...) in the exothermic In thermodynamics Thermodynamics is a branch of physics that deals with heat, Work (thermodynamics), work, and temperature, and their relation to energy, entropy, and the physical properties of matter and radiation. The behavior of these qu ... chemical process of combustion Combustion, or burning, is a high-temperature exothermic In thermodynamics Thermodynamics is a branch of physics tha ... [...More Info...] [...Related Items...] |
