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Gross Negligence
Gross negligence is the "lack of slight diligence or care" or "a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party." In some jurisdictions a person injured as a result of gross negligence may be able to recover punitive damages from the person who caused the injury or loss. Negligence is the opposite of diligence, or being careful. The standard of ordinary negligence is what conduct deviates from that of a "reasonable person". By extension, if somebody has been grossly negligent, that means they have fallen so far below the ordinary standard of care that one can expect, to warrant the label of being "gross". Gross negligence may thus be described as reflecting "the want of even slight or scant care", falling below the level of care that even a careless person would be expected to follow. While some jurisdictions equate the culpability of gross negligence with that of recklessness, most differentiate it from simpl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Punitive Damages
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award. Punitive damages are often awarded if compensatory damages are deemed to be an inadequate remedy by themselves. The court may impose them to prevent undercompensation of plaintiffs and to allow redress for undetectable torts and taking some strain away from the criminal justice system. Punitive damages are most important for violations of the law that are hard to detect. However, punitive damages awarded under court systems that recognize them may be difficult to enforce in jurisdictions that do not recognize them. For example, punitive damages awarded to one party in a US case would be di ... [...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] |
Diligence
Diligence—carefulness and persistent effort or work—is listed as one of the seven Seven virtues#Seven capital virtues, capital virtues. It can be indicative of a work ethic, the belief that work is good in itself. : "There is a perennial nobleness, and even sacredness, in work. Were he never so benighted, forgetful of his high calling, there is always hope in a man that actually and earnestly works: in idleness alone there is perpetual despair." —Thomas Carlyle In students Bernard ''et al.'' define diligence in students as the effort they put toward balanced and holistic development in mental, physical, social, and spiritual dimensions. They find that it correlates with academic performance, especially with younger students, and that the support of parents and educators encourages students to be diligent. Other factors that encourage student diligence include motivation, discipline, attention, concentration, responsibility, and devotedness. In Buddhism The last w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reasonable Person
In law, a reasonable person or reasonable man is a hypothetical person whose character and care conduct, under any ''common set of facts,'' is decided through reasoning of good practice or policy. It is a legal fiction crafted by the courts and communicated through case law and jury instructions. In some practices, for circumstances arising from an ''uncommon set of facts,'' this person represents a composite of a relevant community's judgement as to how a typical member of that community should behave in situations that might pose a threat of harm (through action or inaction) to the public. The reasonable person is used as a tool to standardize, teach law students, or explain the law to a jury. The reasonable person belongs to a family of hypothetical figures in law including: the "right-thinking member of society", the "officious bystander", the "reasonable parent", the "reasonable landlord", the "fair-minded and informed observer", the "person having ordinary skill in the ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Culpability
In criminal law, culpability, or being culpable, is a measure of the degree to which an agent, such as a person, can be held morally or legally responsible for action and inaction. It has been noted that the word ''culpability'' "ordinarily has normative force, for in nonlegal English, a person is culpable only if he is justly to blame for his conduct". The guilt principle requires that in order to convict a person it is necessary to ascertain his voluntary or reckless behaviour, Strict Liability being prohibited. Etymology Culpability descends from the Latin concept of fault ('' culpa''), which is also the origin of the phrase, '' mea culpa''. Concept The concept of culpability is intimately tied up with notions of agency, freedom, and free will. All are commonly held to be necessary, but not sufficient, conditions for culpability. In law From a legal perspective, culpability describes the degree of one's ''blameworthiness'' in the commission of a crime or offense. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recklessness (law)
In criminal law and in the law of tort, recklessness may be defined as the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such action. Recklessness is less culpable than malice, but is more blameworthy than carelessness. ''Mens rea'' and ''actus reus'' To commit a criminal offence of ''ordinary'' liability (as opposed to strict liability) the prosecution must show both the ''actus reus'' (guilty act) and ''mens rea'' (guilty mind). A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time. In the case of negligence, however, the ''mens rea'' is implied. Criminal law recognizes recklessness as one of four main classes of mental state constituting ''mens rea'' elements to establish liability, namely: *Intention: intending the action; foreseeing the result; desiring t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manslaughter In English Law
In the English law of homicide, manslaughter is a less serious offence than murder, the differential being between levels of fault based on the ''mens rea'' (Latin for "guilty mind") or by reason of a partial defence. In England and Wales, a common practice is to prefer a charge of murder, with the judge or defence able to introduce manslaughter as an option (see alternative verdict). The jury then decides whether the defendant is guilty or not guilty of either murder or manslaughter. On conviction for manslaughter, sentencing is at the judge's discretion, whereas a sentence of life imprisonment is mandatory on conviction for murder. Manslaughter may be either ''voluntary'' or ''involuntary'', depending on whether the accused has the required ''mens rea'' for murder. Voluntary manslaughter '' Voluntary manslaughter'' occurs when the defendant kills with ''mens rea'' (an intention to kill or cause grievous bodily harm), but one of those partial defences which reduce murder to m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Cranworth
Robert Monsey Rolfe, 1st Baron Cranworth, PC (18 December 1790 – 26 July 1868) was a British lawyer and Liberal politician. He twice served as Lord High Chancellor of Great Britain. Background and education Born at Cranworth, Norfolk, he was the elder son of the Reverend Edmund Rolfe and Jemima Alexander, James Alexander, 1st Earl of Caledon's niece and a granddaughter of physician Messenger Monsey. Rolfe, a relative of Admiral Lord Horatio Nelson, was educated at Bury St Edmunds, Winchester, Trinity College, Cambridge, Downing College, Cambridge (of which he was elected fellow) and was called to the bar, Lincoln's Inn, in 1816. Legal and political career Cranworth represented Penryn and Falmouth in Parliament from 1832 until he was appointed a Baron of the Exchequer in 1839. In 1850 he was appointed a Vice-Chancellor and raised to the peerage as Baron Cranworth, of Cranworth in the County of Norfolk. In 1852 Lord Cranworth became Lord Chancellor in Lord Aberdeen's c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Giblin V McMullen
Giblin is a surname. Notable people with the surname include: * Anne E. Giblin, marine biologist * :fr:Béatrice Giblin (born 1947), French scholar * Belinda Giblin (born 1950), Australian actress * Edmund Giblin (1923–2000), English footballer * Irene M. Giblin (1888–1974), American ragtime musician * John Giblin, British double bassist and bass guitarist * Lyndhurst Giblin (1872–1951), Australian statistician and economist * Paul Giblin, American investigative journalist * Peter Giblin Peter John Giblin (10 July 1943) is an English mathematician whose primary research involves singularity theory and its application to geometry, computer vision, and computer graphics. Giblin is an emeritus professor of mathematics at the Univer ... (born 1943), English mathematician * Robert Giblin (1952–2025), American football player * Ronald Worthy Giblin (1863–1936), Australian surveyor and historian * Sally Ann Giblin (born 1972), English psychotherapist * Thomas P. Gi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bailment
Bailment is a legal relationship in common law, where the owner of personal property ("chattel") transfers physical possession of that property to another, who holds the property for a certain purpose, but retains ownership. The owner who surrenders custody of a property is called the "bailor" and the individual who accepts the property is called a "bailee". The bailee is the person who possesses the personal property in trust for the owner for a set time and for a precise reason and who delivers the property back to the owner when they have accomplished the purpose that was initially intended. General Bailment is distinguished from a contract of sale or a gift of property, as it only involves the transfer of possession and not its ownership. To create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel for example a car mechanic business when a car has been dropped off for repair. Although a bailment relationship is o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leading Case
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. In Commonwealth countries, a reported decision is said to be a ''leading decision'' when it has come to be generally regarded as settling the law of the question involved. In 1914, Canadian jurist Augustus Henry Frazer Lefroy said "a 'leading case' sone that settles the law upon some important point". A leading decision may settle the law in more than one way. It may do so by: * Distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of ''stare decisis''; * Establishing a "test" (that is, a measurable standard that can be applied by courts in future ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Armitage V Nurse
''Armitage v Nurse'' 997EWCA Civ 1279is the leading decision in English trusts law concerning the validity of exemption clauses. The Court of Appeal of England and Wales, Court of Appeal held that in English law trustee exemption clauses can validly exempt trustees from liability for all breaches of trust except fraud. [ illett LJ gave the leading judgment. Facts Millett LJ summarises the facts at p. 248 of the report. Judgment In the hearing of the Court of Appeal, Bernard Weatherill QC for Armitage submitted that the "irreducible core" duties of a trustee include the following. :(1) a duty to inquire into the extent and nature the property and the trusts (see ''Hallows v Lloyd'' (1888) 39 Ch D 686, 691; '' Nestlé v National Westminster Bank Plc'' 9931 WLR 1260, 1265e, 1266h, 1275e-g and ''Wyman v Paterson'' 900AC 271); :(2) a duty to obey directions in the settlement unless the deviation is sanctioned by the court (see ''Harrison v Randall'' (1851) 9 Hare 397, 407 an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
