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Causation In English Law
Causation in English law concerns the legal tests of remoteness, causation and foreseeability in the tort of negligence. It is also relevant for English criminal law and English contract law. In the English law of negligence, causation proves a direct link between the defendant’s negligence and the claimant’s loss and damage. For these purposes, liability in negligence is established when there is a breach of the duty of care owed by the defendant to the claimant that causes loss and damage, and it is reasonable that the defendant should compensate the claimant for that loss and damage. 'But for' causation The basic test for establishing causation is the "but for" (or counterfactual) test in which the defendant will be liable only if the claimant’s damage would not have occurred "but for" his negligence. An alternative formulation of the test: a defendant will not be liable if the damage would (or could on the balance of probabilities) have occurred anyway, regardl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Remoteness (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 into t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Halfords
Halfords Group PLC is a UK retailer of motoring and cycling products and services. Through Halfords Autocentre, they provide vehicle servicing, MOT, maintenance and repairs in the United Kingdom. Halfords Group is listed on the London Stock Exchange. History Halfords was founded by Frederick Rushbrooke, in Birmingham in 1892, as a wholesale ironmongery. The company takes its name from Halford Street, named after the physician, Henry Halford, in Leicester, where Rushbrooke opened a store in 1902 and started selling cycling goods. Halfords opened its two hundredth store in 1931, and purchased the Birmingham Bicycle Company in 1945. It opened its three hundredth store in 1968. The company became a part of Burmah Oil in 1965, following a takeover battle between Burmah and Smiths Industries. The company was acquired by the Ward White Group in 1983, from whom the Boots Group acquired it in 1989. Halfords was later demerged from the Boots Group in 2002. Halfords was taken o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Party (law)
A party is an individual or group of individuals that compose a single legal person, entity which can be identified as one for the purposes of law. Parties to litigation Parties include: * plaintiff (person filing suit), * defendant (person sued or charged with a crime), * petitioner (files a petition asking for a court ruling), * respondent (usually in opposition to a petition or an appeal), * cross-complainant (a defendant who sues someone else in the same lawsuit), or * cross-defendant (a person sued by a cross-complainant). A person who only appears in the case as a witness is not considered a party. Courts use various terms to identify the role of a particular party in civil litigation, usually identifying the party that brings a lawsuit as the plaintiff, or, in older American cases, the ''party of the first part''; and the party against whom the case was brought as the defendant, or, in older American cases, the ''party of the second part''. In a criminal case in Nige ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justice
In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Institutes'' of Justinian I, Justinian, a 6th-century codification of Roman law, where justice is defined as "the constant and perpetual will to render to each his due". A society where justice has been achieved would be one in which individuals receive what they "deserve". The interpretation of what "deserve" means draws on a variety of fields and philosophical branches including ethics, rationality, law, religion, and fairness. The state may pursue justice by operating courts and enforcing their rulings. History Early Western theories of justice were developed in part by Ancient Greek philosophers such as Plato in his work ''Republic (Plato), The Republic'', and Aristotle, in his ''Nicomachean Ethics'' and ''Politics (Aristotle), Politics'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alfred Denning, Baron Denning
Alfred Thompson Denning, Baron Denning, (23 January 1899 – 5 March 1999), was an English barrister 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". One of Lord Denning's successors as Master of the Rolls, Lord ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Policy (law)
In private international law, the public policy doctrine or (French: "public order") concerns the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change over time. Law regulates behaviour either to reinforce existing social expectations or to encourage constructive change, and laws are most likely to be effective when they are consistent with the most generally accepted societal norms and reflect the collective morality of the society. In performing this function, Cappalli has suggested that the critical values of any legal system include impartiality, neutrality, certainty, equality, openness, flexibility, and growth. This assumes that a state's courts function as '' dispute resolution systems'', which avoid the violence that often otherwise accompanies private resolution of disputes. That is, citizens have to be enco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lamb V Camden LBC
''Lamb v Camden LBC'/nowiki> EWCA Civ 7, 981/nowiki> QB 625] is a leading case in English tort law. It is a Court of Appeal decision on negligence and the test of reasonable foreseeability of damage, especially where the damage has been caused by third parties not the defendant him or herself. Facts The plaintiff Mrs Lamb, who owned a house off Hamstead Heath in London, had let this property to a tenant and then travelled to America. Whilst away, the defendant Camden London Borough Council carried out building works nearby which included the digging of a trench. This caused a water main to burst, which in turn caused subsidence. The house became uninhabitable and the tenant moved out. Mrs Lamb returned from America for six weeks to prepare the house for repair work and one of the things she did was to put all of the furniture into storage. She then returned to America. However, the house was now invaded by squatters Squatting is the action of occupying an abandoned or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Home Office V Dorset Yacht Co Ltd
is a leading case in English tort law. It is a House of Lords decision on negligence and marked the start of a rapid expansion in the scope of negligence in the United Kingdom by widening the circumstances in which a court was likely to find a duty of care. The case also addressed the liability of government bodies, a person's liability for the acts of third parties that he has facilitated, and liability for omissions. Facts On 21 September 1962, ten borstal trainees were working on Brownsea Island in Poole Harbour under the control of three officers employed by the Home Office. Seven trainees escaped one night, at the time the officers had retired to bed leaving the trainees to their own devices. The seven trainees who escaped boarded a yacht and collided with another yacht, the property of the respondents, and damaged it. The owners of the yacht sued the Home Office in negligence for damages. A preliminary issue was ordered to be tried on whether the officers or the Home Offi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consumer Protection Act 1987
The Consumer Protection Act 1987c 43 is an Act of the Parliament of the United Kingdom which made important changes to the consumer law of the United Kingdom. Part 1 implemented European Community (EC) Directive 85/374/EEC, the product liability directive, by introducing a regime of strict liability for damage arising from defective products. Part 2 created government powers to regulate the safety of consumer products through Statutory Instruments. Part 3 defined a criminal offence of giving a misleading price indication. The Act was notable in that it was the first occasion that the UK government implemented an EC directive through an Act of Parliament rather than an order under the European Communities Act 1972.van Gerven ''et al.'' (2000) ''p.''666 Product liability Section 2 imposes civil liability in tort for damage caused wholly or partly by a defect in a product. Liability falls on: *Producers; *Persons holding themselves out as producers, for example by selling priva ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bolam Test
''Bolam v Friern Hospital Management Committee'' 9571 WLR 582 is an English tort law case that lays down the typical rule for assessing the appropriate standard of reasonable care in negligence cases involving skilled professionals such as doctors. This rule is known as the Bolam test, and states that if a doctor reaches the standard of a responsible body of medical opinion, they are not negligent. ''Bolam'' was rejected in the 2015 Supreme Court decision of ''Montgomery v Lanarkshire Health Board'' in matters of informed consent. Facts Mr Bolam was a voluntary patient at Friern Hospital, a mental health institution run by the Friern Hospital Management Committee. He agreed to undergo electro-convulsive therapy. He was not given any muscle relaxant, and his body was not restrained during the procedure. He flailed about violently before the procedure was stopped, and he suffered some serious injuries, including fractures of the acetabula. He sued the committee for compensatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robinson V Post Office
Robinson may refer to: People and names * Robinson (name) Fictional characters * Robinson Crusoe, the main character, and title of a novel by Daniel Defoe, published in 1719 Geography * Robinson projection, a map projection used since the 1960s to show the entire world in two dimensions * Robinson (crater), a small lunar impact crater southwest of the large walled plain J. Herschel ;United States * Robinson, Illinois * Robinson, Iowa * Robinson, Kansas * Robinson, Kentucky * Robinson, Minnesota * Robinson, North Dakota * Robinson, Texas * Robinson Township, Allegheny County, Pennsylvania * Robinson Township, Washington County, Pennsylvania * Robinson, Indiana County, Pennsylvania ;United Kingdom * Robinson (Lake District), a 737 m hill in England's Lake District * Robinson College, Cambridge, a college in England's University of Cambridge ;France * Robinson (Paris RER), a commuter train station in Paris Ships * USS ''Robinson'', the name of more than one United State ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pleadings
In law as practiced in countries that follow the English models, a pleading is a formal written statement of one party's claims or defenses in response to another party's complaint(s) in a civil action. The parties' pleadings in a case define the issues to be adjudicated in the action. The Civil Procedure Rules (CPR) govern pleading in England and Wales. Federal Rules of Civil Procedure govern pleading in United States federal courts. Each state in the United States has its own statutes and rules that govern pleading in the courts of that state. Examples Under the Federal Rules of Civil Procedure a ''complaint'' is the first pleading in American law filed by a plaintiff which initiates a lawsuit. A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a statement of damages claimed (an ad quod damnum clause). In some situations, a complaint is called a ''petition'', in whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
