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Man On The Clapham Omnibus
The man on the Clapham omnibus is a hypothetical ordinary and reasonable person, used by the courts in English law where it is necessary to decide whether a party has acted as a reasonable person would – for example, in a tort, civil action for negligence. The character is a reasonably educated, intelligent but nondescript person, against whom the defendant's conduct can be measured. The term was introduced into English law during the Victorian era, and is still an important concept in British law. It is also used in other Commonwealth of Nations, Commonwealth common law jurisdictions, sometimes with suitable modifications to the phrase as an aid to local comprehension. The route of the original "Clapham Horsebus, omnibus" is unknown but London Buses route 88, which terminates at Omnibus Theatre, was briefly branded as "the Clapham Omnibus" in the 1990s and is sometimes associated with the term. History The phrase was reportedly first put to legal use in a judgment by Sir Rich ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clapham Omnibus - Geograph
Clapham () is a district in south west London, England, lying mostly within the London Borough of Lambeth, but with some areas (including Clapham Common) extending into the neighbouring London Borough of Wandsworth. History Early history The present day Clapham High Street is on the route of a Roman road. The road is recorded on a Roman monumental stone found nearby. According to its inscription, the stone was erected by a man named Vitus Ticinius Ascanius. It is estimated to date from the 1st century AD. (The stone was discovered during building works at Clapham Common South Side in 1912. It is now placed by the entrance of the former Clapham Library, in the Old Town.) According to the history of the Clapham family, maintained by the College of Heralds, in 965 King Edgar of England gave a grant of land at Clapham to Jonas, son of the Duke of Lorraine, and Jonas was thenceforth known as Jonas "de fClapham". The family remained in possession of the land until Jonas's g ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commuting
Commuting is periodically recurring travel between a place of residence and place of work or study, where the traveler, referred to as a commuter, leaves the boundary of their home community. By extension, it can sometimes be any regular or often repeated travel between locations, even when not work-related. The modes of travel, time taken and distance traveled in commuting varies widely across the globe. Most people in least-developed countries continue to walk to work. The cheapest method of commuting after walking is usually Bicycle commuting, by bicycle, so this is common in low-income countries but is also increasingly practised by people in wealthier countries for environmental, health, and often time reasons. In middle-income countries, motorcycle commuting is very common. The next technology adopted as countries develop is more dependent on location: in more populous, older cities, especially in Eurasia mass transit (rail, bus, etc.) predominates, while in smaller, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
A Moron In A Hurry
"A moron in a hurry" is a phrase that has been used in legal cases, especially in the UK, involving trademark infringement and passing off. Where one party alleges that another (the defendant) has infringed their intellectual property rights by offering for sale a product that is confusably similar to their own, the court has to decide whether a reasonable person would be misled by the defendant's trademark or the get-up of their product. It has been held that "if only a moron in a hurry would be misled" the case is not made out. Although this formulation addresses only fairly extreme instances of confusability, and says nothing about less clear examples, the phrase is sometimes referred to as a "test". United Kingdom Origin The phrase was first used by Peter Foster in the 1978 English High Court case ''Morning Star Cooperative Society v Express Newspapers Limited'', in which the publishers of the ''Morning Star'', a British Communist Party publication, sought an injunction to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Melbourne
Melbourne ( , ; Boonwurrung language, Boonwurrung/ or ) is the List of Australian capital cities, capital and List of cities in Australia by population, most populous city of the States and territories of Australia, Australian state of Victoria (state), Victoria, and the second most-populous city in Australia, after Sydney. The city's name generally refers to a metropolitan area also known as Greater Melbourne, comprising an urban agglomeration of Local Government Areas of Victoria#Municipalities of Greater Melbourne, 31 local government areas. The name is also used to specifically refer to the local government area named City of Melbourne, whose area is centred on the Melbourne central business district and some immediate surrounds. The metropolis occupies much of the northern and eastern coastlines of Port Phillip Bay and spreads into the Mornington Peninsula, part of West Gippsland, as well as the hinterlands towards the Yarra Valley, the Dandenong Ranges, and the Macedon R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Melbourne Tram Route 96
Melbourne tram route 96 is operated by Yarra Trams on the Trams in Melbourne, Melbourne tram network from Brunswick East, East Brunswick to Acland Street, St Kilda Beach. The 13.9 kilometre route is operated out of Southbank tram depot, Southbank and Preston tram depot, Preston depots with C2-class Melbourne tram, C2 and E-class Melbourne tram, E class trams. History Part of the route opened as a Cable car (railway), cable tram line operated by the Melbourne Tramway & Omnibus Company on 30 August 1887, operating along Bourke Street, Bourke and Nicholson Streets. It operated until 26 October 1940, when the Bourke Street cable lines were abandoned by the Melbourne & Metropolitan Tramways Board (MMTB) in favour of double decker buses. The Bourke Street cable lines were the last cable trams to operate in Melbourne. The MMTB, unhappy with the performance of the buses, decided to reinstate trams when the buses reached life expiry, and rebuilt the tram tracks of the cable car routes. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bonus Paterfamilias
In Roman law, the term ''bonus pater familias'' ("good family father") refers to a standard of care, analogous to that of the reasonable man in the common law. Modern rules Spain In Spanish law, the term used is a direct translation ("un buen padre de familia"), and used in the Spanish Código Civil. It is also used in Latin American countries. Portugal In Portuguese law the term is also mentioned in the Civil Code, in its direct translation ("um bom pai de família"). Italy In Italian law, the term is used in a direct translation ("diligenza del buon padre di famiglia"). France and Canada Similar is the French language expression ''bon père de famille'', used in a sense similar to "reasonably cautious person." For example, in the case of ''Fales v. Canada Permanent Trust Co.,'' 9772 SCR 302, at p. 315, the Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Fictions
A legal fiction is a construct used in the law where a thing is taken to be true, which is not in fact true, in order to achieve an outcome. Legal fictions can be employed by the courts or found in legislation. Legal fictions are different from legal presumptions which assume a certain state of facts until the opposite is proved, such as the presumption of legitimacy. The term ''legal fiction'' is sometimes used in a pejorative way. Jeremy Bentham was a famous historical critic of legal fictions. Proponents of legal fictions, particularly of their use historically, identify legal fictions as " scaffolding around a building under construction". Common law examples Adoption Child adoption is a legal fiction in that the adoptive parents become the legal parents, notwithstanding the lack of a biological relationship. Once an order or judgment of adoption is entered, the biological parents become legal strangers to the child, legally no longer related nor with any rights related t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Officious Bystander
The officious bystander is a metaphorical figure of English law and legal fiction, developed by MacKinnon LJ in ''Southern Foundries (1926) Ltd v Shirlaw'' to assist in determining when a term should be implied into an agreement. While the officious bystander test is not the overriding formulation in English law today, it provides a useful guide. The suggested approach is to imagine a nosey, officious bystander walking past two contracting parties and asking them whether they would want to put some express term into the agreement. If the parties would instantly retort that such a term is "of course" already mutually part of the agreement then it is apt for implication. Overview In ''Southern Foundries (1926) Ltd v Shirlaw'' 9392 KB 206 MacKinnon LJ wrote, The test is outdated to the extent that it suggested implication was a process dependent on what contracting parties would have subjectively intended. The main problem is that people would often disagree, or one side's bargai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Reed, Lord Reed
Robert John Reed, Baron Reed of Allermuir, (born 7 September 1956) is a Scottish judge who has been President of the Supreme Court of the United Kingdom since January 2020. He was the principal judge in the Commercial Court in Scotland before being promoted to the Inner House of the Court of Session in 2008. He is an authority on human rights law in Scotland and elsewhere; he served as one of the UK's ''ad hoc'' judges at the European Court of Human Rights. He was also a Non-Permanent Judge of the Court of Final Appeal of Hong Kong. Early life Reed was educated at George Watson's College in Edinburgh (where he was dux), and studied at the School of Law of the University of Edinburgh, taking a first class honours LLB degree and winning a Vans Dunlop Scholarship. He then obtained a DPhil at Balliol College, Oxford, with a doctoral thesis on "Legal Control of Government Assistance to Industry", and was admitted to the Faculty of Advocates in 1983. Legal career Reed was Standin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Services Agency
NHS National Services Scotland (NSS) is a public body and national health board of NHS Scotland. Accountable to the Scottish Government, NSS works at the heart of Scotland’s health service, providing national strategic support services and expert advice to NHS Scotland. Its integral role to NHS Scotland means the organisation works closely with other organisations across Scotland’s health and care landscape - especially NHS Boards - in the delivery of its services. NSS employs around 3,400 highly specialised staff based in various locations across Scotland. History NSS began operations on 1 April 1974 as the Common Services Agency, formed in accordance with The National Health Service (Functions of the Common Services Agency) (Scotland) Order 1974. The agency's mandate was to provide national strategic support services and expert advice to Scotland's health sector while maximising health impacts and cost savings. This remains central to NSS's purpose today. The UK S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standard Of Care In English Law
In English tort law, there can be no liability in negligence unless the claimant establishes both that they were owed a duty of care by the defendant, and that there has been a breach of that duty. The defendant is in breach of duty towards the claimant if their conduct fell short of the standard expected under the circumstances. General standard of care is as follows For a defendant to be deemed negligent, he must have breached his duty of care towards the plaintiff. In order to be deemed as breaching the duty of care, his actions must be proven to fall below the standard of care likely to be taken by the reasonable man. Establishing a breach of duty and ascertaining the standard of care is complex and before establishing that the duty of care has been breached the plaintiff must first prove that the defendant owed him a duty of care. The standard of care is defined as the measures that a reasonable person (in the circumstances of the defendant) take to reduce the risk of harm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
