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Volenti Non Fit Injuria
''Volenti non fit iniuria'' (or ''injuria'') (Latin: "to a willing person, injury is not done") is a Roman legal maxim and common law doctrine which states that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party in tort or delict. ''Volenti'' applies only to the risk which a reasonable person would consider them as having assumed by their actions; thus a Boxing, boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. ''Volenti'' is also known as a "voluntary assumption of risk". ''Volenti'' is sometimes described as the plaintiff "consenting to run a risk". In this context, ''volenti'' can be distinguished from legal consent in that the latter can prevent some torts arising in the first ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, Latin influence in English, including English, having contributed List of Latin words with English derivatives, many words to the English lexicon, particularly after the Christianity in Anglo-Saxon England, Christianization of the Anglo-Saxons and the Norman Conquest. Latin Root (linguistics), roots appear frequently in the technical vocabulary used by fields such as theology, List of Latin and Greek words commonly used in systematic names, the sciences, List of medical roots, suffixes and prefixes, medicine, and List of Latin legal terms ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scots Law
Scots law () is the List of country legal systems, legal system of Scotland. It is a hybrid or mixed legal system containing Civil law (legal system), civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Irish law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Scots law recognises four sources of law: legislation, legal precedent, specific academic writings, and custom. Legislation affecting Scotland and Scots law is passed by the Scottish Parliament on all areas of devolved responsibility, and the United Kingdom Parliament on reserved matters. Some legislation passed by the pre-1707 Parliament of Scotland is still also valid. History of Scots law, Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Baker V T E Hopkins & Son Ltd
''Baker v. T E Hopkins & Son Ltd'' 9593 All ER 225 is a Court of Appeal of England and Wales decision dealing with the issue of helpers' liability in tort. Facts Two employees of the defendant company were overcome by carbon monoxide fumes in a well they were attempting to decontaminate. The plaintiff, a doctor, went in to try to rescue them even though he was warned of the fumes and told that the fire brigade was on the way. The fumes had been caused by the company negligently placing a motor operated pump at the bottom of the well on some scaffolding in order to assist in the pumping out of the well. All three men died. Judgment The defendant company argued that (the estate of) the plaintiff doctor should either not be compensated because the doctor knowingly accepted the risk he was taking or his damages would be reduced for contributory negligence. The Court of Appeal considered that such a suggestion was "ungracious" and that it was unseemly and irrational to say that a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cutler V
A cutler is a maker of cutlery. Cutler may also refer to: People * Cutler (surname) * Cutler J. Cleveland, scientist Geography United Kingdom * Cutlers Ait, island in the River Thames * Cutler Heights, district of Bradford, West Yorkshire, England * Cutlers Green, hamlet in Essex, England ** Cutlers Green Halt railway station United States * Cutler, California, a town ** Cutler-Orosi Joint Unified School District *Cutler, Florida, now part of the Village of Palmetto Bay * Cutler Bay, Florida, formerly known as Cutler Ridge * Cutler, Illinois * Cutler, Indiana * Cutler Township, Franklin County, Kansas *Cutler, Maine, a town ** Cutler Regional Airport **VLF Transmitter Cutler, a transmission site for the US Navy * Cutler, Minnesota, an unincorporated community * Cutler, Ohio, an unincorporated community * Cutler, Wisconsin, a town * Cutler (community), Wisconsin, an unincorporated community *Cutler and Porter Block, historic city block in Springfield, Massachusetts * Cutler ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Haynes V
Haynes may refer to: People *Haynes (surname) Places Australia * Haynes, Western Australia Canada * Haynes, Alberta United Kingdom * Haynes, Bedfordshire ** Haynes Church End United States * Haynes, Arkansas * Haynes, North Dakota * Haynes, Ohio * Haynes Township, Michigan Other uses * Haynes International, a US corporation specializing in corrosion-resistant metal alloys *Haynes Manuals, set of manuals for automobile repair and other do it yourself projects *Haynes Automobile Company, a defunct American automobile company * John C. Haynes & Co., a musical instrument maker * William S. Haynes Flute Company, American flute maker * Haynes v. United States, a United States Supreme Court decision * Haynes International Motor Museum, a motor museum in Sparkford, Somerset, England. See also * Haine * Hayne *Haines (other) Haines may refer to: * Haines (surname), ''includes partial list of people with the surname'' * Haines (character), a character in James Joyc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Volens
In law, ''volens'' is a state of mind, referring to voluntary acceptance of a specific risk. It is usually pleaded by way of defence, and often employs the legal Latin ''volenti non fit injuria''. The term ''volens'' itself is often used in contradistinction to the terms ''sciens'' (meaning mere knowledge of the risk, without any voluntary assumption of it). The effect of the defence varies from country to country. In some countries it is (or can be) a total defence to show that the claimant knew and accepted the risk of the injury in undertaking their course of conduct. In other countries it can give rise to a partial defence of contributory negligence. In contract law, many clauses in contracts which at first appear to be exemption clauses relating to personal injury (which are in many countries invalid by lawSee for example the Unfair Contract Terms Act 1977 in the United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of New Zealand
The High Court of New Zealand () is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, and one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new Supreme Court of New Zealand. The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate court, appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals. Composition and locations The High Court comprises the Chief Justice of New Zealand, Chief Justice (who is head of the judiciary) and up to 55 other J ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lady Chief Justice and the Master of the Rolls respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. Its decisions are binding on all courts, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tomlinson V Congleton Borough Council
''Tomlinson v Congleton Borough Council'' 003UKHL 47is a 2003 court case in England from the House of Lords regarding the torts of negligence and occupiers' liability (the latter regarding the Occupiers' Liability Act 1984). It was a landmark case that has been regarded as an attempt to stem the development of a "compensation culture" in the UK. Litigation The case originated in the High Court of Justice, after which it proceeded to the Court of Appeal of England and Wales. In the latter case, the Lords Justice of Appeal held in favour of Tomlinson, the claimant. However, this decision was reversed by the House of Lords. Facts In May 1995, the claimant, John Tomlinson (then aged 18), visited an artificial lake, part of a country park in Brereton, Cheshire in the borough of Congleton, with his friends. While there, Tomlinson dived into the water and hit his head on the sandy bottom, leaving him tetraplegic as a result of a break to the fifth vertebra of his neck. He subseque ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ratcliff V McConnell
Ratcliff or Ratcliffe is a locality in the London Borough of Tower Hamlets. It lies on the north bank of the River Thames between Limehouse (to the east), and Shadwell (to the west). The place name is no longer commonly used. History Etymology and origin The name ''Ratcliffe'' derives from the small sandstone cliff that stood above the surrounding marshes, it had a red appearance, hence ''Red-cliffe''. Ratcliff was historically part of the Manor and Ancient Parish of Stepney. The place name Stepney evolved from ''Stybbanhyð'', first recorded around 1000 AD. ''Stybbanhyð'' probably translates into modern English as "Stybba's hithe (landing place)", with Stybba the individual who owned the Manor (estate). The hithe itself is thought to have been at Ratcliff, just under south of St Dunstan's Church. Civil and ecclesiastical administration The hamlet was divided between the parishes of Limehouse and Stepney until 1866, when it was constituted a separate civil parish (a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Titchener V British Railways Board
''Titchener v British Railway Board'' 9831 WLR 1427 is a Scottish delict case concerning occupiers' liability, decided by the House of Lords. Facts Miss Titchener, a 15-year-old girl, climbed through a gap in a fence onto a railway line owned by the British Railways Board. She was hit by a train. She sued the board under the Occupiers' Liability (Scotland) Act 1960 for failing in their common duty of care to keep the premises reasonably safe for visitors. The Inner House of the Court of Session held that the pursuer had taken a chance, fully aware of the risks involved and that the Board had no responsibility to maintain the fence any more than they had.Mark Lunney, Ken Oliphant, ''Tort Law: Text and Materials'' (OUP, 2008) 286, Judgment The House of Lords dismissed the claimant's final appeal, holding that she was not owed any duty under the Occupiers' Liability (Scotland) Act 1960 on the grounds that she had voluntarily decided to run the risk of walking on the railway line ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Occupiers' Liability Act 1984
The Occupiers' Liability Act 1984 (c. 3) is an Act of the Parliament of the United Kingdom that covers occupiers' liability for trespassers. In '' British Railways Board v Herrington'' 972AC 877, the House of Lords had decided that occupiers owed a duty to trespassers, but the exact application of the decision was unclear. The matter was then referred to the Law Commission for a report, and as a result the Occupiers' Liability Bill was introduced to Parliament by Lord Hailsham on 23 June 1983. The act was given royal assent on 13 March 1984 as the Occupiers' Liability Act 1984 and came into force on 13 May. The act extends the common duty of care to trespassers as well as visitors, providing that this duty is to be required when the occupier has actual or constructive knowledge that a danger exists and that a trespasser is or may be near it. Unlike the Occupiers' Liability Act 1957, the 1984 act only allows an injured trespasser to claim for death and personal injury, not for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
