C Dictionary
Common duty of care
Common duty of care, terms: (1) An occupier of premises owes the same duty, the 'common duty of care' to all his visitors, except insofar as he is free to and does extend, restrict, modify or exclude his duty to any visitor or visitors by agreement or otherwise; (2) The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited or permitted by the occupier to be there, Maguire v. Sefton MBA (CA), (2006) 1 WLR 2550 [Occupier's Liability Act, 1957, sub-s. 2(1) and (2)]....
common easement
common easement see easement ...
Common employment
Common employment. The general rule that a master is liable for damage caused by the negligence of his servant has the exception that where the person injured is the fellow-servant of and engaged in common employment with the person whose negligence causes the injury, the master is not liable in an action at Common law. The principle upon which the exception rests is that 'a servant who engages for the performance of services for compensation does as an implied part of the contract take upon himself, as between himself and his master, the natural risks and perils incident to the performance of such services; the presumption of law being that the compensation was adjusted accordingly, or, in other words, that these risks are considered in the wages' [per Balckburn, J., Morgan v. Vale of Neath R. Co., (1864) 5 B&S 578]. For review of cases, see Bray, J., in Cribb v. Kynoch, Ltd., (1907) 2 KB 548. The doctrine applies in spite of difference in rank or grade between the two servants, e.g.,...
Common fine
Common fine, a small sum of money paid to the lords by the residents in certain leets, Fleta, 1. 7, c. xlviii....
Common gambling house
Common gambling house, according to the defini-tion means: 'any house' walled enclosure, room or place in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, enclosure; room or place, whether by way of charge for the use of the instruments of gaming, or of the house enclosure, room or place, or otherwise howsoever. Explana-tion. The wore 'house' includes a tent and all enclosed space', State of Andhra Pradesh v. K. Satyanarayana, AIR 1968 SC 825: (1968) 2 SCR 387. [Hyderabad Gambling Act, 1305F, (2 of 1305F)]...
Common gaming house
Common gaming house, 'common gaming house' means--(i) in the case of gaming--(a) on the market price of cotton, opium or other commodity or on the digits of the number used is stating such price, or(b) on the amount of variation in the market price of any such commodity or on the digits of the number used in stating the amount of such variation, or(c) on the market price of any stock or share or on the digits of the number used in stating such price, or(d) on the occurrence or non-occurrence of rain or other natural event, or(e) on the quantity of rainfall or on the digits of the number used in stating such quantity, or(f) on the pictures, digits or figures of one or more playing cards or other documents or objects bearing numbers, or on the total of such digits or figures, or on the basis of the occurrence or non-occurrence of any uncertain future event, or on the result of any draw, or on the basis of the sequence or any permutation or combination of such pictures, digits, figures, n...
Common hall
Common hall, a Court in the city of London, at which all the citizens, or such as are free of the City, have a right to attend....
Common informer
Common informer, a person who prosecutes others for breaches of penal laws, or furnishes evidence on criminal trials for no other reason than to get the penalty or a share of it; for a recent instance of an action to recover penalties, see Forbes v. Samuel, (1913) 3 KB 706. Statutes occasionally provide that no proceedings shall be taken without the leave of the Attorney-General, see, e.g., the (English) Larceny (Advertisements) Act, 1870 (33 & 34 Vict. c. 65), and the (English) Public health (Officers) Acts, 1884 and 1885. Sometimes, too, as by the (English) Larceny (Advertisements) Act, 1870, the informers have lost the benefit of their penal action by a retrospective enactment that proceedings therein be stayed in payment of their costs out of pocket. See PENAL STATUTE....
Common intention
Common intention, to prove common intention it is not necessary to establish a pre-concerted plan. The common intention may develop on the spot, Harwant Singh v. State of Haryana, (1969) 3 SCC 717 (727). (Indian Penal Code, 1860, s. 34)Denotes action in concert and necessarily postulates a pre-arranged plan prior meeting of minds and an element of participation in action. Acts may different and vary in character but must be actuated by the same common intention, which is different from same intention or similar intention, Priya Patel v. State of Madhya Pradesh, AIR 2006 SC 2639 [Indian Penal Code, s. 34]...
Common Intention, common object
Common Intention, common object, under s. 34 when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. The words 'in furtherance of the common intention of all' are a most essential part of s. 34 of the Indian Penal Code. It is common intention to commit the crime actually committed. This common intention is anterior in time to the commission of the crime. Common intention means a pre-arranged plan. On the other hand, s. 149 of the Indian Penal Code speaks of an offence being committed by any member of an unlawful assembly in prosecution of the common object of that assembly, Devilal v. State of Rajasthan, (1971) 3 SCC 471: AIR 1971 SC 1444 (1446). [Indian Penal Code (45 of 1860), ss. 34 and 149]...