Lynch V Nurdin
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Lynch V Nurdin
''Lynch v Nurdin'' 1 QB 29, (1841) Arn and H 158, (1841) 113 ER 1041 was the first case law to define the attractive nuisance doctrine and was cited by later sources in the United States and the Commonwealth of Nations in developing the doctrine. Lord Chief Justice Thomas Denman wrote the opinion, which held that the owner of a cart A cart or dray (Australia and New Zealand) is a vehicle designed for transport, using two wheels and normally pulled by draught animals such as horses, donkeys, mules and oxen, or even smaller animals such as goats or large dogs. A handcart ... left unattended on the street could be held liable for injuries to a child who climbed onto the cart and fell. The seven-year-old child was "acting under natural impulse, in obedience to his instinctive nature, ndwas enticed to meddle with the attractive cart, and that the danger of the situation was created by the defendant in failing to observe the tendency of children to play about unprotected vehic ...
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Australian Cart
Australian(s) may refer to: Australia * Australia, a country * Australians, citizens of the Commonwealth of Australia ** European Australians ** Anglo-Celtic Australians, Australians descended principally from British colonists ** Aboriginal Australians, indigenous peoples of Australia as identified and defined within Australian law * Australia (continent) ** Indigenous Australians * Australian English, the dialect of the English language spoken in Australia * Australian Aboriginal languages * ''The Australian'', a newspaper * Australiana, things of Australian origins Other uses * Australian (horse), a racehorse * Australian, British Columbia, an unincorporated community in Canada See also * The Australian (other) * Australia (other) * * * Austrian (other) Austrian may refer to: * Austrians, someone from Austria or of Austrian descent ** Someone who is considered an Austrian citizen * Austrian German dialect * Something associated with the countr ...
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Case Law
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Austral ...
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Attractive Nuisance Doctrine
The attractive nuisance doctrine applies to the law of torts in some jurisdictions. It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children. The doctrine is designed to protect children who are unable to appreciate the risk posed by the object, by imposing a liability on the landowner. The doctrine has been applied to hold landowners liable for injuries caused by abandoned cars, piles of lumber or sand, trampolines, and swimming pools. However, it can be applied to virtually anything on the property. There is no set cutoff point that defines youth. The courts will evaluate each "child" on a case-by-case basis to see if the "child" qualifies as a youth. If it is determined that the child was able to understand and appreciate the hazard, the doctrine of attractive nuisance will not likely apply. Under the old common law, the plaintiff (either the child, or ...
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United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ...
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Commonwealth Of Nations
The Commonwealth of Nations, often referred to as the British Commonwealth or simply the Commonwealth, is an International organization, international association of member states of the Commonwealth of Nations, 56 member states, the vast majority of which are former territorial evolution of the British Empire, territories of the British Empire from which it developed. They are connected through their English in the Commonwealth of Nations, use of the English language and cultural and historical ties. The chief institutions of the organisation are the Commonwealth Secretariat, which focuses on intergovernmental relations, and the Commonwealth Foundation, which focuses on non-governmental relations between member nations. Numerous List of Commonwealth organisations, organisations are associated with and operate within the Commonwealth. The Commonwealth dates back to the first half of the 20th century with the decolonisation of the British Empire through increased self-governance ...
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Lord Chief Justice Of England And Wales
The Lord or Lady Chief Justice of England and Wales is the head of the judiciary of England and Wales and the president of the courts of England and Wales. Until 2005 the lord chief justice was the second-most senior judge of the English and Welsh courts, surpassed by the lord chancellor, who normally sat in the highest court. The Constitutional Reform Act 2005 changed the roles of judges, creating the position of President of the Supreme Court of the United Kingdom and altering the duties of the lord chief justice and the lord chancellor. The lord chief justice ordinarily serves as president of the Criminal Division of the Court of Appeal (England and Wales), Court of Appeal and head of criminal justice, meaning its technical processes within the legal domain, but under the 2005 Act can appoint another judge to these positions. The lord chancellor became a purely executive office, with no judicial role. The equivalent in Scotland is the Lord President of the Court of Session ...
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Thomas Denman, 1st Baron Denman
Thomas Denman, 1st Baron Denman, (23 July 177926 September 1854) was an English lawyer, judge and politician. He served as Lord Chief Justice between 1832 and 1850. Background and education Denman was born in London, the son of Dr Thomas Denman. In his fourth year, he attended Palgrave Academy in Suffolk, where his education was supervised by Anna Laetitia Barbauld and her husband. He continued to Eton and St John's College, Cambridge, where he graduated in 1800. In 1806 he was called to the bar at Lincoln's Inn, and at once entered upon practice. Legal and judicial career His success was rapid, and in a few years he attained a position at the bar second only to that of Henry Brougham and James Scarlett. He distinguished himself by his defence of the Luddites; but his most brilliant appearance was as one of the counsel for Queen Caroline. His speech before the House of Lords was very powerful, and some competent judges even considered it not inferior to Brougham's. It ...
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Cart
A cart or dray (Australia and New Zealand) is a vehicle designed for transport, using two wheels and normally pulled by draught animals such as horses, donkeys, mules and oxen, or even smaller animals such as goats or large dogs. A handcart is pulled or pushed by one or more people. Over time, the word "cart" has expanded to mean nearly any small conveyance, including shopping carts, golf carts, go-karts, and Side by Side (UTV), UTVs, without regard to number of wheels, load carried, or means of propulsion. History The history of the cart is closely tied to the Wheel#History, history of the wheel. Carts have been mentioned in literature as far back as the second millennium B.C. The first people to use the cart may have been Mesopotamians. Handcarts pushed by humans have been used around the world. Carts were often used for judicial punishments, both to transport the condemned – a public humiliation in itself (in Ancient Rome defeated leaders were often carried in the vic ...
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1841 In Case Law
Events January–March * January 20 – Charles Elliot of the United Kingdom and Qishan of the Qing dynasty agree to the Convention of Chuenpi. * January 26 – Britain occupies Hong Kong. Later in the year, the first census of the island records a population of about 7,500. * January 27 – The active volcano Mount Erebus in Antarctica is discovered, and named by James Clark Ross. * January 28 – Ross discovers the "Victoria Barrier", later known as the Ross Ice Shelf. On the same voyage, he discovers the Ross Sea, Victoria Land and Mount Terror. * January 30 – **El Salvador proclaims itself an independent republic, bringing an end to the Federal Republic of Central America. **A fire destroys two-thirds of the city of Mayagüez, Puerto Rico. * February 4 – The first known reference is made to Groundhog Day, celebrated in North America, in the diary of a James Morris. * February 10 – The Act of Union (''British North America Act'', 1840) is proclaimed in Cana ...
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English Nuisance Cases
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 wrestler ...
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