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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] |
Tort
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictio ... [...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] |
Reasonable Foreseeability
__NOTOC__ Reasonable may refer to: * Reason, the capacity for rational thinking * Reasonable accommodation, An adjustment made in a system to accommodate an individual's need * Reasonable and non-discriminatory licensing, a licensing requirement set by standards organizations * Reasonable Blackman, a silk weaver in sixteenth-century England * Reasonable doubt, a legal standard of proof in most adversarial criminal systems * Reasonable person, a person who exercises care, skill, and appropriate judgment ** Reasonableness, the quality of a government action that is ''reasonable'' ** Subjective and objective standard of reasonableness, legal standards of reasonableness * Reasonable person model, a psychological model of environments/actions that foster reasonableness * Reasonable suspicion, a legal standard of proof in United States law * Reasonable time, amount of time which is in fairness necessary to do something See also * Reason (other) * Reasonable doubt (disambiguatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Squatters
Squatting is the action of occupying an abandoned or unoccupied area of land or a building (usually residential) that the squatter does not own, rent or otherwise have lawful permission to use. The United Nations estimated in 2003 that there were one billion slum residents and squatters globally. Squatting is practiced worldwide, typically when people find empty buildings or land to occupy for housing. In developing countries and least developed countries, shanty towns often begin as squatted settlements. In African cities such as Lagos, much of the population lives in slums. There are pavement dwellers in India and in Hong Kong as well as rooftop slums. Informal settlements in Latin America are known by names such as villa miseria (Argentina), pueblos jóvenes (Peru) and asentamientos irregulares (Guatemala, Uruguay). In Brazil, there are favelas in the major cities and rural land-based movements. In industrialized countries, there are often residential squats and also ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dorset Yacht Co Ltd V Home Office
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 Off ... [...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 Lists of landmark court decisions, landmark tort law case, which imposed a Remoteness in English law, remoteness rule for causation in negligence. The Judicial Committee of the Privy Council, 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 In October 1951, ''Wagon Mound'', a ship of Overseas Tankship, docked in Sydney Harbour. The crew allowed furnace oil, also referred to as Bunker oil, to leak from the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Care
In Tort, tort law, a duty of care is a legal Law of obligations, obligation that is imposed on an individual, requiring adherence to a standard of care, standard of Reasonable person, reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence. It is the first element that must be established to proceed with an action in negligence. The claimant must Cause of action, be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed ''by operation of law'' between individuals who have no ''current'' direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the established and implicit responsibilities held by individuals/entities towards others within society. It ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Causation (law)
Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the ''actus reus'' (an action) from which the specific injury or other effect arose and is combined with ''mens rea'' (a state of mind) to comprise the elements of guilt. Causation applies only where a result has been achieved and therefore is immaterial with regard to inchoate offenses. Background concepts Legal systems more or less try to uphold the notions of fairness and justice. If a state is going to penalize a person or require that person pay compensation to another for losses incurred, liability is imposed according to the idea that those who injure others should take responsibility for their actions. Although some parts of any legal system will have qualities of strict liability, in which the ''mens rea'' is immaterial to the result and sub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Economic Loss
Economic loss is a technical terminology, term of art which refers to financial loss and damage suffered by a person which is seen only on a balance sheet and not as physical injury to person or property. There is a fundamental distinction between pure economic loss and consequential economic loss, as pure economic loss occurs independent of any physical damage to the person or property of the victim. It has also been suggested that this tort should be called "commercial loss" as injuries to person or property can be regarded as "economic". Examples of pure economic loss include the following: *Loss of income suffered by a family whose principal earner dies in an accident. The physical injury is caused to the deceased, not the family.. *Loss of market value of a property owing to the inadequate specifications of foundations by an architect.. *Loss of production suffered by an enterprise whose electricity supply is interrupted by a contractor excavating a public utility. The latter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nervous Shock
In English law, a nervous shock is a psychiatric / mental illness or injury inflicted upon a person by intentional or negligent actions or omissions of another. Often it is a psychiatric disorder triggered by witnessing an accident, for example an injury caused to one's parents or spouse. Although the term "nervous shock" has been described as "inaccurate" and "misleading", it continues to be applied as a useful abbreviation for a complex concept. The possibility of recovering damages for nervous shock, particularly caused by negligence, is strongly limited in English law. Definition To amount in law to "nervous shock", the psychiatric damage suffered by the claimant must extend beyond grief or emotional distress to a recognised mental illness, such as anxiety neurosis or reactive depression. Damages for bereavement suffered as a result of the wrongful death of a close one are available under the Fatal Accidents Act 1976, while courts can also award damages for "pain and sufferin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
