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Remoteness In English Law
In English law, remoteness between a cause of action and the loss or damage sustained as a result is addressed through a set of rules in both tort and contract, which limit the amount of compensatory damages available for a wrong. In negligence, the test of causation not only requires that the defendant was the cause in fact, but also requires that the loss or damage sustained by the claimant was not too remote. As with the policy issues in establishing that there was a duty of care and that that duty was breached, remoteness is designed as a further limit on a cause of action to ensure that the liability to pay damages placed on the defendant is done fairly. Tort Directness The traditional approach was that once a breach in the duty of care had been established, a defendant was liable for all the consequent damage no matter how unusual or unpredictable that damage might be. In '' Re Polemis'' while docked, workers employed to unload the ship negligently dropped a plank int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cause Of Action
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment). The legal document which carries a claim is often called a 'statement of claim' in English law, or a 'complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse. To pursue a cause of action, a plaintiff pleads or alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the remedy (the relief a court is asked to grant). Often the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Overseas Tankship (UK) Ltd V Morts Dock And Engineering Co Ltd
''Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd'',. commonly known as ''Wagon Mound (No. 1)'', is a landmark tort law case, which imposed a remoteness rule for causation in negligence. The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. Contributory negligence on the part of the dock owners was also relevant in the decision, and was essential to the outcome, although not central to this case's legal significance. ''The Wagon Mound (No 1)'' should not be confused with the successor case of the '' Overseas Tankship v Miller Steamship'' or "Wagon Mound (No 2)", which concerned the standard of the reasonable man in breach of the duty of care.. Facts Overseas Tankship had a ship, the ''Wagon Mound'', docked in Sydney Harbour in October 1951. The crew had carelessly allowed furnace oil (also referred to as Bunker oil) to leak from their ship. The oil drifted under a wharf thickly coating the water and the shore where ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bourhill V Young
''Bourhill v Young'' 943AC 92 (also titled ''Hay v Young'') is a Scottish delict case, on the subject of how extensive an individual's duty is to ensure others are not harmed by their activities. The case established important boundaries on the scope of recovery for bystanders, or those uninvolved with physical harm. Where a woman suffered psychiatric harm after walking onto the scene of a motorcycle accident, she was deemed not to be a foreseeable victim, having not been in immediate danger of physical harm. Facts On 11 October 1938, Mr Young had been negligently riding a motorcycle along a road, and was involved in a collision with a car, fatally injuring him. At the time of the crash, Mrs Bourhill was about to leave a tram which she had been riding, around 50 ft from the scene of the accident. Mrs Bourhill heard the crash, commenting "I just got in a pack of nerves, and I did not know whether I was going to get it or not." Following the removal of Mr Young's body from th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tremain V Pike
Tremain is a Cornish language surname and, rarely, forename. Notable people with the surname include: * Chris Tremain (born 1966), New Zealand politician * Garrick Tremain (born 1941), New Zealand cartoonist and painter * George Tremain (1874–1948), Justice of the Indiana Supreme Court * Kel Tremain (1938–1992), New Zealand international rugby player * Lyman Tremain (1819–1878), American politician * Rose Tremain (born 1943), British historical novelist Notable people with the forename include: * Tremain Mack (born 1974), American football player See also * ''Johnny Tremain'', 1943 children's novel by Esther Forbes * ''Johnny Tremain (film) ''Johnny Tremain'' is a 1957 American adventure drama film made by Walt Disney Productions, released by Buena Vista Distribution, and based on the 1944 Newbery Medal-winning children's novel of the same name by Esther Forbes, retelling the stor ...'', based on the novel * Tremaine (other) * Tremayne (other) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sutton London Borough Council
Sutton London Borough Council is the local authority for the London Borough of Sutton in Greater London, England. It is a London borough council, one of 32 in the United Kingdom capital of London. Sutton is divided into 18 wards, each electing three councillors. Following the May 2018 council election, Sutton London Borough Council comprises 33 Liberal Democrat councillors, 18 Conservative Party councillors, and 3 Independent councillors, a decrease of the Liberal Democrat majority. The council was created by the London Government Act 1963 and replaced three local authorities: Beddington and Wallington Borough Council, Sutton and Cheam Borough Council and Carshalton Urban District Council. History There have previously been a number of local authorities responsible for the Sutton area. The current local authority was first elected in 1964, a year before formally coming into its powers and prior to the creation of the London Borough of Sutton on 1 April 1965. Sutton replaced Bed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jolley V Sutton London Borough Council
Jolly is a synonym for "Happy". Jolly or Jolley may also refer to: Places ;In the United States * Jolly, Georgia, an unincorporated community * Jolley, Iowa, a city * Jolly, Missouri, an unincorporated community * Jolly, Texas, a city ;Elsewhere * Jolly Creek, British Columbia, Canada * Jouli or Jolly, Uttar Pradesh, India, a village People * Jolley (surname), a list of people surnamed Jolley or Jolly * Jolly Katongole (born 1985), Ugandan boxer * Jolly Kramer-Johansen (1902–1968), Norwegian composer * nickname of Mike Carter (born 1955), American-Israeli basketball player * nickname of Jack Froggatt (1922-1993), English footballer Other uses * Jolly (record company), an Italian company founded in 1958 * ''Jolly'' (film), a 1998 Tamil film * Jolly, aka ''The Incredible Jolly'', an American rock group * The modified Fiat 600 The Fiat 600 ( it, Seicento, ) is a rear-engine, water-cooled city car, manufactured and marketed by Fiat from 1955 to 1969 — offered ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smith V Leech Brain & Co
Smith v Leech Brain & Co 9622 QB 405 is a landmark English tort law case in negligence, concerning remoteness of damage or causation in law. It marked the establishment of the 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 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 caused the claimant's death. The important legal issue, however, was that the claimant had a predisposition to the cancer in his skin tissue. The issue for the court to resolve was whether the cancer was too r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Egg-shell Skull
The eggshell rule (also thin skull rule, papier-mâché-plaintiff 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 NSWLR 501, Court of Appeal (NSW, Australia) per McHugh JALawCite records. It may also take into acc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acts Of The Claimant
In the English law of negligence, the acts of the claimant may give the defendant a defence to liability, whether in whole or part, if those acts unreasonably add to the loss. The principles In the normal course of events, the defendant is liable if they owed a duty of care, breached that duty and either caused loss or damage to the claimant or exposed the claimant to the risk of loss or damage. But a negligent defendant will not be liable for any loss or damage subsequently sustained by the claimant, if the claimant acted unreasonably in responding to the situation. This is a matter for the courts to weigh on the facts of each case. In ''McKew v Holland & Hannen & Cubitts (Scotland) Ltd.'' (1969) 3 AER 1621, the defendant's negligence caused an injury to the claimant's leg that significantly weakened it. When later attempting to descend a steep staircase without a handrail or assistance, the claimant broke the ankle in the same leg. Lord Reid said that once a person is injure ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tom Denning, Baron Denning
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not conce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lamb V
Lamb or The Lamb may refer to: * A young sheep * Lamb and mutton, the meat of sheep Arts and media Film, television, and theatre * ''The Lamb'' (1915 film), a silent film starring Douglas Fairbanks Sr. in his screen debut * ''The Lamb'' (1918 film), a silent short comedy starring Harold Lloyd * ''The Lamb'' (2014 film), a 2014 Turkish-German film * ''The Lamb'' (2017 film), a 2017 American animated film * ''Lamb'' (1985 film), a 1985 drama starring Liam Neeson * ''Lamb'' (2015 American film), a 2015 American film by Ross Partridge * ''Lamb'' (2015 Ethiopian film), a 2015 Ethiopian film * ''Lamb'' (2021 film), a supernatural drama film starring Noomi Rapace * ''LaMB'', a 2009 animated telefilm * The Lambs, an American theatrical organization * ''The Lamb'', an uncompleted film project by Garth Brooks about the fictional musician Chris Gaines * "Lambs", an episode of the television series ''Teletubbies'' Literature * ''The Lamb'' (poem), a 1789 poem by William Blake * '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wagon Mound (No 1)
''Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd'',. commonly known as ''Wagon Mound (No. 1)'', is a landmark tort law case, which imposed a remoteness rule for causation in negligence. The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. Contributory negligence on the part of the dock owners was also relevant in the decision, and was essential to the outcome, although not central to this case's legal significance. ''The Wagon Mound (No 1)'' should not be confused with the successor case of the ''Overseas Tankship v Miller Steamship'' or "Wagon Mound (No 2)", which concerned the standard of the reasonable man in breach of the duty of care.. Facts Overseas Tankship had a ship, the ''Wagon Mound'', docked in Sydney Harbour in October 1951. The crew had carelessly allowed furnace oil (also referred to as Bunker oil) to leak from their ship. The oil drifted under a wharf thickly coating the water and the shore whe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
