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Davies V. Mann
''Davies v. Mann'', 152 Eng. Rep. 588 (1842), was an English case that contained the first formulation of the "last clear chance" or “last opportunity rule” doctrine in negligence law. The case concerned an accident in which a donkey, belonging to the plaintiff, was killed after a wagon, driven by the defendant, collided with it. The plaintiff had left the donkey on the side of the road while it was fettered, which was contributory negligence. However, the plaintiff was still allowed recovery. The court ruled that since the defendant had an opportunity to avoid the accident by driving with reasonable care (as opposed to driving too quickly at a "smartish pace"), the defendant's negligence really caused the accident. The doctrine became known as the "last clear chance" or "last opportunity rule" doctrine. If the defendant did not take the opportunity of using reasonable care to take the last clear chance to avoid injury, the contributory negligence of the plaintiff is not a b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exchequer Of Pleas
The Exchequer of Pleas, or Court of Exchequer, was a court that dealt with matters of equity (law), equity, a set of legal principles based on natural law and Common law#History, common law in England and Wales. Originally part of the , or King's Council, the Exchequer of Pleas split from the in the 1190s to sit as an independent central court. The Court of Chancery's reputation for tardiness and expense resulted in much of its business transferring to the Exchequer. The Exchequer and Chancery, with similar jurisdictions, drew closer together over the years until an argument was made during the 19th century that having two seemingly identical courts was unnecessary. As a result, the Exchequer lost its equity jurisdiction. With the Judicature Acts, the Exchequer was formally dissolved as a judicial body by an Order in Council on 16 December 1880. The Exchequer's jurisdiction at various times was common law, equity or both. Initially a court of both common law and equity, it lost ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Donkey (PSF)
The donkey or ass is a domesticated equine. It derives from the African wild ass, ''Equus africanus'', and may be classified either as a subspecies thereof, ''Equus africanus asinus'', or as a separate species, ''Equus asinus''. It was domesticated in Africa some years ago, and has been used mainly as a working animal since that time. There are more than 40 million donkeys in the world, mostly in underdeveloped countries, where they are used principally as draught or pack animals. While working donkeys are often associated with those living at or below subsistence, small numbers of donkeys or asses are kept for breeding, as pets, and for livestock protection in developed countries. An adult male donkey is a ''jack'' or ''jackass'', an adult female is a ''jenny'' or ''jennet'', and an immature donkey of either sex is a ''foal''. Jacks are often mated with female horses (mares) to produce '' mules''; the less common hybrid of a male horse (stallion) and jenny is a ''hinny ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Last Clear Chance
The last clear chance doctrine of tort law is applicable to negligence cases in jurisdictions that apply rules of contributory negligence in lieu of comparative negligence. Under this doctrine, a negligent plaintiff can nonetheless recover if he is able to show that the defendant had the last opportunity to avoid the accident. Though the stated rationale has differed depending on the jurisdiction adopting the doctrine, the underlying idea is to mitigate the harshness of the contributory negligence rule. Conversely, a defendant can also use this doctrine as a defense. If the plaintiff has the last clear chance to avoid the accident, the defendant will not be liable. The introduction of the doctrine is widely attributed to the English case of '' Davies v. Mann'', 152 Eng. Rep. 588 (1842). Statement The Restatement (Second) of Torts explains the doctrine in detail as follows: See also * Avoidable consequences rule *Personal injury Personal injury is a legal term for an I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act. The concept of negligence is linked to the obligation of individuals to exercise reasonable care in their actions and to consider foreseeable harm that their conduct might cause to other people or property. The elements of a negligence claim include the duty to act or refrain from action, breach of that duty, actual and proximate cause of harm, and damages. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. Elements of negligence claims To successfully pursue a claim of negligence through a lawsuit, a plaintiff must establish the " elements" of neg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fetter
Legcuffs are physical restraints used on the ankles of a person to allow walking only with a restricted stride and to prevent running and effective physical resistance. Frequently used alternative terms are leg cuffs, (leg/ankle) shackles, footcuffs, fetters or leg irons. The term "fetter" shares a root with the word "foot". Shackles are typically used on prisoners and slaves. Leg shackles also are used for chain gangs to keep them together. Metaphorically, a fetter may be anything that restricts or restrains in any way, hence the word "unfettered". History The earliest fetters found in archaeological excavations date from the prehistoric age and are mostly of the puzzle lock type. Fetters are also referenced in ancient times in the Bible (, , ) A variety of restraint types already existed in Roman times. Some early versions of cup lock shackles existed at this time. These were widely used in medieval times, but their use declined when mass production made the manufactur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contributory Negligence
In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own negligence. Because the contributory negligence doctrine can lead to harsh results, many common law jurisdictions have abolished it in favor of a "comparative fault" or "comparative negligence" approach. A comparative negligence approach reduces the plaintiff's damages award by the percentage of fault the fact-finder assigns to the plaintiff for their own injury. For example, if a jury thinks the plaintiff is 30% at fault, the plaintiff's damages award will be reduced by 30%. History The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century. The English case '' Butterfield v. Forrester'' is generally recognized as the first appearance, although in this case, the judge held the plaintiff's own ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Butterfield V Forrester
''Butterfield v. Forrester'', 11 East. 60, 103 Eng. Rep. 926 (K.B. 1809), was an English case before the King's Bench that was the first appearance of contributory negligence as a common law defence against negligence. Facts Forrester (D) placed a pole against the road next to his house in the course of making repairs to the house. Butterfield (P) was riding at a high speed at approximately 8 pm at twilight and did not see the pole. He struck the pole and suffered personal injuries when he fell off his horse. A witness testified that visibility was 100 yards away at the time of the accident and Butterfield might have seen and avoided the pole had he not been riding at such a high speed. There was no evidence that Butterfield had been intoxicated at the time of the accident. At trial, the judge instructed the jury that if an individual riding with reasonable care could have avoided the pole, and if the jury found that Butterfield had not used reasonable care, the verdict should be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
May V Burdett
''May v. Burdett'', 9 Q.B. 101 (1846), was an English case argued decided before the Queen's Bench that ruled a plaintiff injured by a dangerous animal kept by the defendant had a prima facie case for negligence even without a showing that the defendant had been negligent in securing the animal.''Baker v. Snell'' 2 K.B. 825 (1908) Case law *''Butterfield v Forrester'' *'' Davies v Mann'' *'' Paris v Stepney BC'' *''Winterbottom v Wright ''Winterbottom v Wright'' (184210 M&W 109was an important case in English common law responsible for constraining the law's 19th-century stance on negligence. Facts The plaintiff Winterbottom had been contracted by the Postmaster-General to dr ...'' References {{reflist Negligence case law English tort case law 1846 in case law 1846 in British law Court of King's Bench (England) cases ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paris V Stepney BC
''Paris v Stepney Borough Council'' 950UKHL 3 was a decision of the House of Lords that significantly affected the concept of Standard of care in common law. The plaintiff Paris was employed by the then Stepney Borough Council as a general garage-hand. He had sight in only one eye, and his employer was aware of this. The council only issued eye protection goggles to its employees who were welders or tool-grinders. In the course of his usual work, Paris received an injury to his sighted eye. He sued the council for damages in the tort of negligence. On appeal it was decided that Stepney Borough Council was aware of his special circumstances and failed in their duty of care to give him protective goggles. Facts Paris was employed by Stepney Borough Council as garage-hand. He had suffered a war injury that left him with sight in only one eye. While Paris was attempting to loosen a rusted car axle bolt with a hammer, he caused a chip of metal to fly into his sighted eye, and as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Winterbottom V Wright
''Winterbottom v Wright'' (184210 M&W 109was an important case in English common law responsible for constraining the law's 19th-century stance on negligence. Facts The plaintiff Winterbottom had been contracted by the Postmaster-General to drive a mail coach supplied by the Postmaster. The defendant Wright had been contracted by the Postmaster to maintain the coach in a safe state. The coach collapsed while Winterbottom was driving, and he was injured. He claimed that Wright had "negligently conducted himself, and so utterly disregarded his aforesaid contract and so wholly and negligently failed to perform his duty in this behalf."Lunney & Oliphant (2003) pp. 91–92. In ''Winterbottom v Wright'', the court held that the plaintiff had no redress. The principle of ''Winterbottom'' meant that consumers who were injured by defective products in the 19th century had no legal action against the defective execution of a contract to which they were not expressly privy, a doctrine r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence Case Law
Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act. The concept of negligence is linked to the obligation of individuals to exercise reasonable care in their actions and to consider foreseeable harm that their conduct might cause to other people or property. The elements of a negligence claim include the duty to act or refrain from action, breach of that duty, actual and proximate cause of harm, and damages. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. Elements of negligence claims To successfully pursue a claim of negligence through a lawsuit, a plaintiff must establish the " elements" of negli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Tort Case Law
English usually refers to: * English language * English people English may also refer to: Culture, language and peoples * ''English'', an adjective for something of, from, or related to England * ''English'', an Amish term for non-Amish, regardless of ethnicity * English studies, the study of English language and literature Media * ''English'' (2013 film), a Malayalam-language film * ''English'' (novel), a Chinese book by Wang Gang ** ''English'' (2018 film), a Chinese adaptation * ''The English'' (TV series), a 2022 Western-genre miniseries * ''English'' (play), a 2022 play by Sanaz Toossi People and fictional characters * English (surname), a list of people and fictional characters * English Fisher (1928–2011), American boxing coach * English Gardner (born 1992), American track and field sprinter * English McConnell (1882–1928), Irish footballer * Aiden English, a ring name of Matthew Rehwoldt (born 1987), American former professional wrestle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
