Civil Liability Act - Law Dictionary Search Results
Home Dictionary Name: civil liability act Page: 2Fatuous persons
Fatuous persons, idiots.Includes express reference to 'breach of statutory duty' and to 'liability in tort', Standard Chartered Bank v. Pakistan Shipping Corpn. (No. 4) (CA), (2000) 3 WLR 1692.Means negligence, breach of statutory duty or other act or omission, Standard Chartered Bank v. Pakistan Shipping Corpn. [HL(E), (2000) 3 WLR 1547: (2002) UKHL 43.Relates to the conduct of the defendant - in other words, as it relates to the plainiff's cause of action, Rowe v. Turner Hopkins & Partners, (1980) 2 NZLR 550; See also Standard Chartered Bank v. Pakistan Shipping Corpn., (2001) LR (QB) 167 (CA)....
Executor de son tort.
Executor de son tort. See (English) A.E. Act, 1925, ss. 28, 29, and s. 55(1)(xi.). If a stranger take upon himself to act as executor or administrator (see 14 Halsbury's L. of E., 2nd Edn., para. 282), without any just authority (as by intermeddling with the goods of the deceased, and any other transactions), he is called in Law an executor of his own wrong, de son tort, and is liable to the extent of the assets which have come to him and to all the trouble of an executorship without any of the profits or advantages; but the doing of acts of necessity or humanity, as locking up the goods or burying the corpse of the deceased, will not amount to such an intermeddling as will charge a man as executor of his own wrong. Such an one cannot bring an action himself in right of the deceased; but actions may be brought against him, 1 Wms. Exors.; and see Peters v. Leeder, (1878) 47 LJ QB 573; A.-G. v. New York Breweries Co., 1899 AC 62. As to his liability in respect of a term of years of which...
Master and servant
Master and servant, a relation whereby a person calls in the assistance of others, where his own skill and labour are not sufficient to carry out his own business or purpose. See LABOURERS.Servants are of several descriptions:- 1st Servants in husbandry. These are very generally hired by the year, as from Michaelmas to Michaelmas, and this is an entire hiring for a year; and, unless otherwise stipulated, no wages are payable until the end of the year. Consult Burn's Justice, tit. 'Servants.'2nd Servants in particular trades. These (who are now more frequently termed 'workmen,' their masters being termed 'employers') are subject to the control of the magistrates under the (English) Employers and Workmen Act, 1875 (38 & 39 Vict. c. 90), and by the Truck Acts (see that title) their wages must be paid in coin.3rd Apprentices. These are placed with the master to learn his trade, with a view hereafter of following it themselves. See APPRENTICE.4th Menial or domestic servants. If no terms be ...
offense
offense or of·fence [ə-fens] n 1 : a violation of the law ;esp : a criminal act [nor shall any person be subject for the same to be twice put in jeopardy "U.S. Constitution amend. V"] see also lesser included offense 2 in the civil law of Louisiana : an intentional unlawful act that causes damage to another and for which the law imposes an obligation for damages compare quasi contract at contract, quasi-offense NOTE: Breach of contract, offenses, quasi-offenses, and quasi contracts are the bases for civil liability under the civil law. Offenses and quasi-offenses are comparable to common-law torts. ...
Act
Act, Something done or performed especially voluntarily; a deed, Black's law Dictionary, 7th Edn., p. 24.Is used with reference to an offence or a civil wrong, shall include a series of acts, and words which refer to act done extend also to illegal omissions. [General Clauses Act, 1897 (10 of 1897), s. 3 (2)]The term act is one of the ambiguous import, being used in various senses of different degrees of generation. When it is said, however, that an act is one of the essential conditions of liability. We use the term in the widest sense of which it is capable. We mean by it any event which is subject to the control of the human will. Such a definition is, indeed, not ultimate, but it is sufficient for the purpose of the law. John Salmond, Jurisprudence 367; Glanville L. Williams, 10th Edn. 1947.Act does not mean depose, Janki Vashdeo Bhojwani v. Indusind Bank Ltd., AIR 2005 SC 439.In view of the provisions of the General Clauses Act, the expression 'act also includes illegal omissions,...
sexual harassment
sexual harassment : employment discrimination consisting of unwelcome verbal or physical conduct directed at an employee because of his or her sex ;also : the tort of engaging in such discrimination see also hostile environment sexual harassment, quid pro quo sexual harassment NOTE: Sexual harassment has been found by federal courts to violate the protection in the Civil Rights Act of 1964 against discrimination in employment. There are also state statutes under which sexual harassment actions may be brought. In order to recover against an employer under a sexual harassment suit, the plaintiff has to show that the harassment affected the employment (as by being severe or pervasive) and that the employer is liable under respondeat superior because of actual or constructive knowledge of the harassment. Strict liability is often imposed for harassment of an employee by a supervisor or for quid pro quo sexual harassment. ...
Administrative law
Administrative law, is a separate body of rules relating to administrative authorities and officials, applied in special administrative court. Dicey's Law of the Constitution, 1st Edn. 1885. Dicey's Law of Constitution, 10th Edn., p. 330. See also Re Grosvenor Hotel, London, (No. 2), 1965 Ch D 1210 at p. 1261: (1964) 3 All ER 354; Re Racal case of Anisminic Ltd. v. Foreign Compensation Commission, (1969) 2 AC 147: (1969) 1 All ER 208 (HL); Breen v. Amalgamated Engineering Union, (1971) 2 QB 175: (1971) 1 All ER 148.Administrative law is understood to mean the law relating to the discharge of functions of a public nature in government and administration. It includes the law relating to functions of public authorities and officers and of tribunals, judicial review of the exercise of those functions, the civil liability and legal protection of those purporting to exercise them and aspects of the means whereby extra-judicial redress may be obtainable at the instance of persons aggrieved. H...
Publisher of libellous matter
Publisher of libellous matter, is liable both civilly and criminally in respect of any such matter he may publish, and his civil liability exists even though the publication takes place without his knowledge. 'Not only the party who originally prints, but every party who sells, who gives, or who lends a copy of an offensive publication will be liable to be prosecuted as a publisher', R. v. Mary Carlile, (1819) 3 B&Ald P. 169, per Bayley, J. if the publisher of a book becomes bankrupt, an author to whom royalties are due is not in anymore favourable position than other creditors, and can only prove for the damages he has sustained by the breach of contract, Re Grant Richards, (1907) 2 KB 33.As to the duty of publishers to send a copy of every book published in the United Kingdom to the British Museum and other libraries, see Copyright Act, 1911 (1 & 2 Geo.5, c. 46), s. 15, and the British Museum Act, 1932 (22 & 23 Geo. 5, c. 34), also BRITISH MUSEUM....
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Debt
Debt [fr. debitum, Lat.], a sum of money due from one person to another. An action of debt lay where a person claimed the recovery of a liquidated or certain sum of money affirmed to be due to him; and it was generally founded on some contract alleged to have taken place between the parties, or on some matter of fact from which the law would imply a contract between them. This was debt in the debet, which was the principal and only common form. There is another species mentioned in the books, called debt in the detinet, which lay for the specific recovery of goods, under a contract to deliver them. An action of debt as a technical term is now obsolete. See PLEADINGS. The order of the payment of debts and expenses out of legal assets in an ordinary administration action in the Chancery Division of the High Court is as follows:-1. Funeral expenses, which in the case of an insolvent estate must be strictly reasonable and necessary only, the executor or administrator being personally liabl...
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