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Vaughn V. Menlove
''Vaughan v Menlove'' (1837) 132 ER 490 (CP) is a leading English tort law case that first introduced the concept of the reasonable person in law. Facts As hay decomposes, heat is generated. In the absence of ventilation, the increased heat can cause a fire. The defendant built a hay rick (or haystack) near the boundary of his land which bordered the plaintiff's land. The defendant's hay rick had been built with a precautionary "chimney" to prevent the hay from spontaneously igniting, but it ignited anyway. He had been warned several times over a period of five weeks that the manner in which he built the hay rick was dangerous, but he said "he would chance it." Consequently, the hay ignited and spread to the plaintiff's land, burning down two of the plaintiff's cottages. Judgment Trial At trial the judge instructed the jury to consider whether the fire had been caused by gross negligence on the part of the defendant, and stated the defendant "was utybound to proceed with suc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court (law), court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the Monarchy of the United Kingdom, king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench (England), Court of King's Bench. The court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with legal fictions, the Bill of Middlesex and Writ of Quominus respectively. The Common Pleas maintained its exclusive jurisdiction over matters of real property until its dissolution, and due to its wide remit was considered by Edward Coke, Sir Edward Coke to be the "lock ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...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] |
1837 In Case Law
Events January–March * January 1 – The destructive Galilee earthquake causes thousands of deaths in Ottoman Syria. * January 26 – Michigan becomes the 26th state admitted to the United States. * February 4 – Seminoles attack Fort Foster in Florida. * February 25 – In Philadelphia, the Institute for Colored Youth (ICY) is founded, as the first institution for the higher education of black people in the United States. * February – Charles Dickens's ''Oliver Twist'' begins publication in serial form in London. * March 1 – The Congregation of Holy Cross is formed in Le Mans, France, by the signing of the Fundamental Act of Union, which legally joins the Auxiliary Priests of Blessed Basil Moreau, CSC, and the Brothers of St. Joseph (founded by Jacques-François Dujarié) into one religious association. April–June * April 12 – The conglomerate of Procter & Gamble has its origins, when British-born businessmen William Procter and James Gamble begin selling ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Citation Network
A citation graph (or citation network), in information science and bibliometrics, is a directed graph that describes the citations within a collection of documents. Each Vertex (graph theory), vertex (or Vertex (graph theory), node) in the graph represents a document in the collection, and each Edge (graph theory), edge is directed from one document toward another that it cites (or vice versa depending on the specific implementation). Citation graphs have been utilised in various ways, including forms of citation analysis, academic search tools and Judgment (law), court judgements. They are predicted to become more relevant and useful in the future as the body of published research grows. Implementation There is no standard format for the citations in bibliographies, and the record linkage of citations can be a time-consuming and complicated process. Furthermore, citation errors can occur at any stage of the publishing process. However, there is a long history of creating ci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England And Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The Welsh devolution, devolved Senedd (Welsh Parliament; ) – previously named the National Assembly for Wales – was created in 1999 under the Government of Wales Act 1998 and provides a degree of Self-governance, self-government in Wales. The powers of the legislature were expanded by the Government of Wales Act 2006, which allows it to pass Welsh law, its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is currently no Devolved English parliament, equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of presen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Liability
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both Civil law (common law), civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by Administrative law, government agencies. The Plaintiff, claimant is the one who seeks to establish, or prove, liability. Liability in business In commercial law, limited liability is a method of protection included in some business formations that shields its owners from certain types of liability and that amount a given owner will be liable for. A limited liability form separates the owner(s) from the business. The limited liability form essentially acts as a corporate veil that protects owners from liabilities of the business. This means that when a business is found liable in a case, the owners are not themselves liable; rather, the business is. Thus, only the funds or property the owner(s) have invested into the business are subje ... [...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] |
John Vaughan (puisne Judge)
Sir John Vaughan PC (11 February 1768 – 25 September 1839) was an English judge. Vaughan was born at Leicester, the third but second surviving son of Dr. James Vaughan a physician at Leicester, and his wife, Hester née Smalley. He was educated at The Queen's College, Oxford and Lincoln's Inn, and was called to the bar in June 1791. In 1816 he became King's Serjeant and in 1827 he became Baron of the Exchequer. He was knighted on 24 November 1828. In 1834 he became Justice of the Court of Common Pleas and was made a Privy Councillor. Vaughan died at Eastbury Lodge, near Watford, Hertfordshire at the age of 71. Vaughan married firstly Hon. Augusta St John, daughter of Henry Beauchamp St John, 13th Baron St John on 20 December 1803. They had six children but she died on 30 January 1813. He married secondly Lady Louisa St John, widow of St Andrew St John, 14th Baron St John of Bletso and daughter of Sir Charles William Rouse-Boughton, 9th Baronet on 4 August 1823 and had a ... [...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] |
Case Of First Impression
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability. Precedent is a defining feature that sets common law systems apart from civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law systems, in contrast, are characterized by comprehensive codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law. Courts in common law systems rely heavily on case law, which refers to the collection of precedents and legal principles established by previous judicial decisions on s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
