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Ignis Suus
''Ignis suus'' (his fire; Latin), sometimes ''ignus suus'', is a common law principle relating to an occupier's liability over damage caused by the spread of fire. It traditionally imposes strict liability. It was cited in the case ''Burnie Port Authority v General Jones Pty Ltd'' at the Supreme Court of Tasmania. When this case was taken to the High Court of Australia, the ''ignis suus'' rule was rejected as inappropriate for modern circumstances, had never been introduced into Australian law, and also on the basis it had been absorbed into the ''Rylands v. Fletcher'' principle, which was held to no longer be good law in Australia. Both ''ignis suus'' and the ''Rylands and Fletcher'' rule were found by the majority of the HCA in ''Burnie'', as stated and led by Mason CJ, to be absorbed into the tort of negligence. See also * Australian tort law References *. Common law {{Australia-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fire
Fire is the rapid oxidation of a material (the fuel) in the exothermic chemical process of combustion, releasing heat, light, and various reaction Product (chemistry), products. At a certain point in the combustion reaction, called the ignition point, flames are produced. The ''flame'' is the visible portion of the fire. Flames consist primarily of carbon dioxide, water vapor, oxygen and nitrogen. If hot enough, the gases may become ionized to produce Plasma (physics), plasma. Depending on the substances alight, and any impurities outside, the color of the flame and the fire's Intensity (heat transfer), intensity will be different. Fire in its most common form can result in conflagration, which has the potential to cause physical damage through burning. Fire is an important process that affects ecological systems around the globe. The positive effects of fire include stimulating growth and maintaining various ecological systems. Its negative effects include hazard to life and pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strict Liability
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Under the strict liability law, if the defendant possesses anything that is inherently dangerous, as specified under the "ultrahazardous" definition, the defendant is then strictly liable for any damages caused by such possession, no matter how careful the defendant is safeguarding them. In the field of torts, prominent examples of strict liability may include product liability, abnormally dangerous activities (e.g., blasting), intrusion onto another's land by livestock, and ownership of wild animals. Other than activities specified above (like ownership of wild animals, etc), US courts have historically considered the following activities as "ultrahazardous": # storing flammable liquids in quantity in an urban area # pile driving # bla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burnie Port Authority V General Jones Pty Ltd
''Burnie Port Authority v General Jones Pty Ltd''. is a tort law case from the High Court of Australia, which decided it would abolish the rule in ''Rylands v Fletcher'', and the '' ignis suus'' principle, incorporating them generally into the tort of negligence. Background Facts A fire, caused by an independent contractor's employee welding negligently, began on the defendant's premises and spread to a nearby property. The property was burnt causing A$2.5M of damages. The plaintiff sued under ''ignis suus'', nuisance, negligence and the rule in ''Rylands v Fletcher'' (a rule of strict liability),. interpreted in part through the duty of occupier to invitee. The defendant was Burnie Port Authority (Burnie), located in Burnie, Tasmania, who provided storage facilities, and the plaintiff was General Jones, who stored a large quantity of frozen vegetables. General Jones suffered damage when the vegetables were ruined by fire which destroyed Burnie property. Prior proceedings *Su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Tasmania
The Supreme Court of Tasmania is the highest State court in the Australian State of Tasmania. In the Australian court hierarchy, the Supreme Court of Tasmania is in the middle level, with both an appellate jurisdiction over lower courts, and decisions made by Court to be heard on appeal by the High Court of Australia. The ordinary sittings of the Court occur in Hobart, Launceston and Burnie in Tasmania. The Court's Appeal division sits only in Hobart. History of the Court The Supreme Court of Van Diemen's Land (as Tasmania was then known) was established by The Royal Letters Patent of 13 October 1823 and commenced activities on 10 May 1824. The Court is the oldest Supreme Court in Australia and predates the Supreme Court of New South Wales, if only by a period of just ten days. The supreme courts of Tasmania and New South Wales were initiated through the New South Wales Act 1823, and this gave those courts jurisdiction over New Zealand. Sir John Pedder, after whom Lake ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General on the advice of the Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. The court has resided in Canberra since 1980, following the construction of a purpose-built High Court Building, located in the Parliamentary Triangle and overlooking ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rylands V
Rylands is an English surname. Notable people with the surname include: *Dadie Rylands (1902–1999), British literary scholar and theatre director * Dave Rylands (born 1953), English footballer * Enriqueta Augustina Rylands (1843–1908), English philanthropist * George Rylands, real name of 'Dadie' Rylands (above) *John Rylands (1801–1888), English textile merchant and philanthropist * John Paul Rylands (1846–1923), English lawyer, genealogist and topographer *Mark Rylands (born 1961), Church of England bishop * Patrick Rylands (born 1943), English designer *Peter Rylands (1820–1887), English wire manufacturer and politician *Sir William Rylands (1868–1948), British businessman See also * Ryland (other) *The John Rylands Library in Manchester *The John Rylands University Library in Manchester *In St Breward parish, Cornwall, is a hamlet called Rylands *The southern part of the town of Beeston, Nottinghamshire is called Rylands * Warrington Rylands, English footb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Tort Law
In Australia, Torts are common law actions for civil wrongs. Unless barred by statute, individuals are entitled to sue other people, or the state; for the purpose of obtaining a legal remedy for the wrong committed. Whilst a large number of torts exist, generally the torts of Negligence and Trespass are the most commonly litigated forms of tort law. History The law of torts in Australia derives from the legal system of the UK. Prior to Australian appeals to the Privy Council of the United Kingdom, Privy Council being abolished, the judicial system in the UK was the de jure authority over Australian common law, including torts. In modern times, the jurisprudence of torts in Australia is fully independent; with the High Court of Australia having the final say on common law actions in Australia. Tort decisions in non-Australian jurisdictions are not Precedent, binding on Australian courts. Nevertheless, due to the ongoing structural similarities between Australian tort law and tor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Torts Reports
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, see Austrian nationality law * Austrian German dialect * S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Law Reports
The Australian Law Reports are a series of law reports which report cases from the High Court of Australia, Federal Court of Australia and the Supreme Courts of the states and territories exercising federal jurisdiction. The reports are not officially authorised. After each authorised series they are the most often cited series of law reports in Australia. They were previously called the Australian Argus Law Reports. See also * Commonwealth Law Reports The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the edit ... * List of Law Reports in Australia References {{Australia-law-stub Law of Australia Case law reporters ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Law Journal Reports
Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation'', published jointly by the ''Melbourne University Law Review'' and the ''Melbourne Journal of International Law The ''Melbourne Journal of International Law'' (MJIL) is a biannual peer-reviewed law review associated with Melbourne Law School which covers all areas of public and private international law. It was established in 2000 and is one of two stu ...''. {{DEFAULTSORT:Law Reports in Australia List of Law Reports in Australia Case law reporters Australian law-related lists ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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