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Re Polemis
'' In Re'' ''Polemis & Furness, Withy & Co Ltd'' (1921) is an English tort case on causation and remoteness in the law of negligence. The 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 The case may now be considered "bad law", having been superseded by the landmark decisions of ''Donoghue v Stevenson'' and '' The Wagon Mound (No 1)''. Facts Defendant's stevedore employees were loading cargo into a ship. An employee negligently caused a plank to fall into the ship's hold. The plank caused a spark, which ignited some petrol vapour in the hold, causing an explosion that resulted in the ship becoming a total loss. The matter was taken to arbitration. Judgment The arbitrator found that the defendant's negligence caused the plank to f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His 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, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lady Chief Justice and the Master of the Rolls respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. Its decisions are binding on all courts, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Total Loss
In insurance claims, a total loss or write-off is a situation where the lost value, repair cost or salvage cost of a damaged property exceeds its insured value, and simply replacing the old property with a new equivalent is more cost-effective. Such a loss may be an "actual total loss" or a "constructive total loss". Constructive total loss considers further incidental expenses beyond repair, such as ''force majeure''. General principles In a total loss, the insurer must indemnify the assured in full, and ownership of the insured item thereby passes to the insurer under the legal process of "subrogation". Although the policy determines the level at which the loss becomes total rather than partial, nevertheless the assured (and NOT the insurer) has the final say as to whether he wishes to make a partial or total claim. If the insured item is, say, a car or a house, the policy will normally give it a "market value" which may be less than the assured had in mind; any disagre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Greenland V Chaplin
Greenland is an autonomous territory in the Kingdom of Denmark. It is by far the largest geographically of three constituent parts of the kingdom; the other two are metropolitan Denmark and the Faroe Islands. Citizens of Greenland are full citizens of Denmark and of the European Union. Greenland is one of the Overseas Countries and Territories of the European Union and is part of the Council of Europe. It is the world's largest island, and lies between the Arctic and Atlantic oceans, east of the Canadian Arctic Archipelago. It is the location of the northernmost point of land in the world; Kaffeklubben Island off the northern coast is the world's northernmost undisputed point of land— Cape Morris Jesup on the mainland was thought to be so until the 1960s. The capital and largest city is Nuuk. Economically, Greenland is heavily reliant on aid from Denmark, amounting to nearly half of the territory's total public revenue. Though a part of the continent of North America, Gr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |