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Fellow Commoner - Law Dictionary Search Results

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Fellow commoner

A student at Cambridge University England who commons or dines at the Fellows table...


Fellow - servant

Fellow - servant, At Common Law a master is not liable to his servant for injury caused by the negligence of a fellow-servant, Priestly v. Fowler, (1837) 3 M. & W. 1, but this state of the law was altered by the (English) Employers Liability Act, 1880 (43 & 44 Vict. c. 42), at first limited to expire on the 31st December, 1887, but since continued by successive (English) Expiring Laws Continuance Acts. See COMMON EMPLOYMENT; WORK-MEN'S COMPENSATION ACT. At Common Law a master is not liable to his servant for injury caused by the negligence of a fellow-servant, Priestly v. Fowler, (1837) 3 M. & W. 1, but this state of the law was altered by the (English) Employers Liability Act, 1880 (43 & 44 Vict. c. 42), at first limited to expire on the 31st December, 1887, but since continued by successive (English) Expiring Laws Continuance Acts. See COMMON EMPLOYMENT; WORK-MEN'S COMPENSATION ACT....


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.,...


fellow-servant rule

fellow-servant rule : a common-law rule or doctrine in tort law: an employer is not liable for injuries inflicted on one employee by the fault of another employee during the course of his or her employment NOTE: This rule is no longer used in most jurisdictions as a result of federal and state workers' compensation statutes. ...


Doctors' Commons

Doctors' Commons, an institution near St. Paul's Cathedral, where the Ecclesiastical and Admiralty Courts were held. In 1768 a royal charter was obtained, by virtue of which the members of the society and their successors were incorporated under the name and title of 'The College of Doctors of Laws exercent in the Ecclesiastical and Admiralty Courts.' The college consisted of a president (the Dean of Arches for the time being), and of those Doctors of Laws who, having regularly taken that degree in either of the Universities of Oxford and Cambridge, and having been admitted advocates in pursuance of the rescript of the Archbishop of Canterbury, had been elected fellows of the college in the manner prescribed by the charter. The property of the college was sold, the charter surrendered, and the college dissolved under the (English) Probate Act, 1857 (20 & 21 Vict. c. 77), ss. 116, 117....


Fellow

Fellow, 'Fellow' means a Fellow Member of the Institute. [Company Secretaries Act, 1980 (56 of 1980), s. 2(1) (f)]Means a fellow member of the Institute, Actuaries Act, 2006, s. 2(g)....


Odd Fellow

A member of a secret order or fraternity styled the Independent Order of Odd Fellows established for mutual aid and social enjoyment...


Common

Common, a profit which a man has in the land of another; it derives its name from the community of interest which thence arises between the claimant and the owner of the soil, or between the claimant and other commoners entitled to the same right; all which parties are entitled to bring actions for injuries done to their respective interests, and that both as against strangers and against each other. It is called an incorporeal right, which lies in grant, as if originally commencing in some agreement between lords and tenants, for some valuable consideration which, by lapse of time, being formed into a prescription, continues, although there be no deed or instrument in writing which proves the original contract or agreement. It differs from a rent, principally in freedom of enjoyment on the one hand, and in freedom from obligation on the other; which the law expresses by the quaint antithesis that it lies not in render but in prender. It is also incidentally distinguished by its fruits...


Common stock or common hotchpot

Common stock or common hotchpot, the doctrine of throwing into common stock inevitably postulates that the owner of a separate property is a coparcener who has an interest in the coparcenary property and desires to blend his separate property with the coparcenary property. The existence of a coparcenary is absolutely necessary before a coparcener can throw into the common stock his self-acquired properties. The separate property of a member of a joint Hindu family may be impressed with the character of joint family property if it is voluntarily thrown by him into the common stock with the intention of abandoning his separate claim therein. The separate property of a Hindu ceases to be a separate property and acquires the characteristic of a joint family or ancestral property not by any physical mixing with his joint family or his ancestral property but by his own volition and intention by his waiving and surrendering his separate rights in it as separate property. The act by which the ...


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]...


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