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Proximal Cause
In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened.. (For example, but for running the red light, the collision would not have occurred.) The action is a necessary condition, but may not be a sufficient condition, for the resulting injury. A few circumstances exist where the but-for test is ineffective (see But-for test below). Since but-for causation is very easy to show (but for stopping to tie your shoe, you would not have missed the train and would not have been mugged), a second test is used to determine if an action is close enough to a harm in a "chain of events" to be legally valid. This test is called proximate cause. Proximate cause is a key principle of insurance and is conce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insurance
Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to protect against the risk of a contingent or uncertain loss. An entity which provides insurance is known as an insurer, insurance company, insurance carrier, or underwriter. A person or entity who buys insurance is known as a policyholder, while a person or entity covered under the policy is called an insured. The insurance transaction involves the policyholder assuming a guaranteed, known, and relatively small loss in the form of a payment to the insurer (a premium) in exchange for the insurer's promise to compensate the insured in the event of a covered loss. The loss may or may not be financial, but it must be reducible to financial terms. Furthermore, it usually involves something in which the insured has an insurable interest established by o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lead Shot
Shot is a collective term for small spheres or pellets, often made of lead. These have been projected from slings since ancient times and were the original projectiles for shotguns and are still fired primarily from shotguns and grenade launchers, while they are less commonly used in riot guns. Shot shells are also available in many handgun calibers in a configuration known as " birdshot", " rat shot", or " snake shot". Lead shot is also used for a variety of other purposes such as filling cavities with dense material for weight and/or balance. Some versions may be plated with other metals. Lead shot was originally made by pouring molten lead through screens into water, forming what was known as "swan shot", and, later, more economically mass-produced at higher quality using a shot tower. The ''Bliemeister method'' has supplanted the shot tower method since the early 1960s. Manufacture Producing lead shot from a shot tower was pioneered in the late 18th century by Will ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York (state)
New York, also called New York State, is a U.S. state, state in the northeastern United States. Bordered by New England to the east, Canada to the north, and Pennsylvania and New Jersey to the south, its territory extends into both the Atlantic Ocean and the Great Lakes. New York is the List of U.S. states and territories by population, fourth-most populous state in the United States, with nearly 20 million residents, and the List of U.S. states and territories by area, 27th-largest state by area, with a total area of . New York has Geography of New York (state), a varied geography. The southeastern part of the state, known as Downstate New York, Downstate, encompasses New York City, the List of U.S. cities by population, most populous city in the United States; Long Island, with approximately 40% of the state's population, the nation's most populous island; and the cities, suburbs, and wealthy enclaves of the lower Hudson Valley. These areas are the center of the expansive New ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Palsgraf V
''Palsgraf v. Long Island Railroad Co.'', 248 N.Y. 339, 162 N.E. 99 (1928), is a leading case in American tort law on the question of liability to an unforeseeable plaintiff. The case was heard by the New York Court of Appeals, the highest state court in New York; its opinion was written by Chief Judge Benjamin Cardozo, a leading figure in the development of American common law and later a United States Supreme Court justice. The plaintiff, Helen Palsgraf, was waiting at a Long Island Rail Road station in August 1924 while taking her daughters to the beach. Two men attempted to board the train before hers; one (aided by railroad employees) dropped a package that exploded, causing a large coin-operated scale on the platform to hit her. After the incident, she began to stammer, and subsequently sued the railroad, arguing that its employees had been negligent while assisting the man, and that she had been harmed by the neglect. In May 1927 she obtained a jury verdict of $6,000 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Benjamin Cardozo
Benjamin Nathan Cardozo (May 24, 1870 – July 9, 1938) was an American lawyer and jurist who served on the New York Court of Appeals from 1914 to 1932 and as an Associate Justice of the Supreme Court of the United States from 1932 until his death in 1938. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, as well as for his philosophy and vivid prose style. Born in New York City, Cardozo passed the bar in 1891 after attending Columbia Law School. He won an election to the New York Supreme Court in 1913 but was appointed to the New York Court of Appeals the following year. He won election as chief judge of that court in 1926. As chief judge, he wrote majority opinions in cases such as '' Palsgraf v. Long Island Railroad Co.'' In 1932, President Herbert Hoover appointed Cardozo to the U.S. Supreme Court to succeed Oliver Wendell Holmes Jr. Cardozo served on the Court until his death in 1938 and formed part of the li ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lungowe V Vedanta Resources Plc
''Lungowe v Vedanta Resources plc'' UK company law">019UKSC 20is a UK company law and English tort law case, concerning business liability for human rights violations, environmental damage and the duty of care in English law, duty of care owed by a parent company. Facts From Chingola in Zambia's copperbelt region, lead claimant Dominic Liswaniso Lungowe and another 1,825 Zambian citizens claimed that Vedanta Resources plc had breached its duty of care to ensure that its Zambian subsidiary, Konkola Copper Mines Plc, ("KCM") would not harm the environment and local communities. They claimed compensation for personal injury, property damage, loss of income, amenity and enjoyment of land because of copper mine discharges. Vedanta plc argued the English court did not have jurisdiction to hear the claim and should stay proceedings on '' forum non conveniens'' grounds. It argued there was an abuse of EU law. Judgments High Court By an order dated 16 June 2016, issued following ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restatement Of The Law
In American jurisprudence, the ''Restatements of the Law'' are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law. There are now four series of ''Restatements'', all published by the American Law Institute, an organization of judges, legal academics, and practitioners founded in 1923. Connection with the rule of precedent Individual Restatement volumes are essentially compilations of case law, which are common law judge-made doctrines that develop gradually over time because of the principle of ''stare decisis'' (precedent). Although Restatements of the Law are not binding authority in and of themselves, they are potentially persuasive when they are formulated over several years with extensive input from law professors, practicing attorneys, and judges. They are meant to reflect the consensus of the American legal community as to what the law is, and, in some cases, what it should become. As Harvard Law School descri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Blunt Trauma
A blunt trauma, also known as a blunt force trauma or non-penetrating trauma, is a physical trauma due to a forceful impact without penetration of the body's surface. Blunt trauma stands in contrast with penetrating trauma, which occurs when an object pierces the skin, enters body tissue, and creates an open wound. Blunt trauma occurs due to direct physical trauma or impactful force to a body part. Such incidents often occur with road traffic collisions, assaults, and sports-related injuries, and are notably common among the elderly who experience falls. Blunt trauma can lead to a wide range of injuries including contusions, concussions, abrasions, lacerations, internal or external hemorrhages, and bone fractures. The severity of these injuries depends on factors such as the force of the impact, the area of the body affected, and the underlying comorbidities of the affected individual. In some cases, blunt force trauma can be life-threatening and may require immedia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Culpability
In criminal law, culpability, or being culpable, is a measure of the degree to which an agent, such as a person, can be held morally or legally responsible for action and inaction. It has been noted that the word ''culpability'' "ordinarily has normative force, for in nonlegal English, a person is culpable only if he is justly to blame for his conduct". The guilt principle requires that in order to convict a person it is necessary to ascertain his voluntary or reckless behaviour, Strict Liability being prohibited. Etymology Culpability descends from the Latin concept of fault ('' culpa''), which is also the origin of the phrase, '' mea culpa''. Concept The concept of culpability is intimately tied up with notions of agency, freedom, and free will. All are commonly held to be necessary, but not sufficient, conditions for culpability. In law From a legal perspective, culpability describes the degree of one's ''blameworthiness'' in the commission of a crime or offense. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
