However, the court did decide that the semen samples were personal property because of the control the men had over it – they were the ones who could decide what to do with it, despite some limitations set by the Human Fertilisation and Embryo Act 1990, and so the relationship had most of the hallmarks of ownership. This is known as indirect discrimination – a company may not outwardly refuse to employ members of a particular minority group, for instance, or try to impact them more with a policy, but their policies or job requirements may have that effect. Top 5 Tort Cases -2014 in Review was originally presented at The Oatley McLeish Guide to Motor Vehicle Litigation 2015 Conference on March 26, 2015. That’s why the cheap editions of books only ever cover old works; once the copyright runs out then anybody can make copies, and because you don’t need to pay the author the costs of production are lower so the price goes down. Or was petrified of hospitals? Mrs Donoghue was in a café with her friend, who bought her a ginger beer. The case is also well known among lawyers when after the first hearing it was disclosed that that one of the ruling law lords, Lord Hoffmann, was a director of Amnesty International, a party to the cases. Good luck. The two remaining requirements did still however in practice prevent black people from moving into the roles, because they were much less likely to have passed their high school diploma. Dillinger was convicted of battery and intent to conspire to commit a felony, receiving two 10 to 20 year sentences. What if you change your mind about saving your friend and decide to sell it? When he was just 18 years old, John Dillinger attempted to rob a grocer. Mr Fagan was therefore convicted of assault. This case is also important for understanding how important it is that legislation is clear on what it intends to achieve, and that judges interpret it clearly. Here are a few you will come across: In 1932 Mrs Donoghue launched the modern law of negligence, after finding her ginger beer less than appealing. For more information on medical negligence see the other pages on this site and in regards to medical malpractice see the pages on Wikipedia. Rylands v. FletcherIn this case, Fletcher was running a coal mine under a lease. Terry Bollea was the plaintiff in this famous tort case. - The handy law … What is a famous tort case of involving intrusion?, What if the press reports on the sex life of a famous politician? The debate forced the law to react to an age of the internet and social media. Students, you are encouraged to think, debate and learn the law in the same spirit. harm to property, health, or well-being). R v Blaue is interesting because the ‘act’ of the victim was to refuse the blood transfusion she would normally have received for stab wounds, because her religion forbade it. There’s one common theme throughout them, though, which is a common theme throughout legal study – what makes us treat very similar circumstances differently, and how do we know where to draw the line between them? Mrs Purdy lives in England and has multiple sclerosis, a degenerative disease which affects your muscle movement, vision and balance. registered trade marks of Oxford Programs Limited (Oxford Royale) in multiple countries. The plaintiff, who was aged 17 at the time, suffered very serious personal injuries when playing hooker in a colts rugby match, when a serum collapsed, and his neck was broken. You should also... Oxford Royale Academy is a part of Oxford Programs Limited, a Hundreds of thousands march on the US supreme court on the anniversary of the decision each year. Jun 10, 2020. However, the UK Supreme Court decided that helmets made for use in a film, even Stormtrooper ones which are more artistic than (say) a replica of a real battle helmet, are not “sculptures” under the Act because their use is functional instead of artistic. Examples include companies which will not (but reasonably could) allow flexible working so that Muslims can go home for prayers on Fridays, or which pay part-time workers less per hour – more women work part-time so the impact will disproportionately be on women. This is interesting for anyone who is starting out in a profession, or doing an activity for the first time – you only get better with practice, so does it seem unfair to expect you to be at the level of a careful and competent person doing that activity the first time around? For social development and growth of the society, the law of torts is very necessary. This sounds like you have to think about the possible impact of everything you do on anybody it could affect, but in reality there are many limits on negligence law – including that you have to breach that duty of care. There is also what is known as a ‘design right’ in the designs of functional products (like kettles or toasters) which is limited to 10 or 15 years after creation. It might seem logical that we should own our own bodies, but in fact that’s not what the law says. Both the NY State trial court and the Appellate court found in favor of the plaintiff and on appeal the Court of Appeals of NY (New York’s highest court) reversed, finding for the defendant, Long Island Railroad. Indirect discrimination is subject to a defence in the UK so there is always the possibility of justifying a practice that affects one minority group more than another, but it is a very useful tool for going beyond the obvious discriminatory statements which have almost completely disappeared nowadays. Providing the legal backdrop to a decade of EU-scepticism is the 1991 case of Factortame, this case on the rights of Spanish fisherman to fish in British waters is a mainstay on any public law course. Street, Bristol BS1 4EF. The name comes from the fact that tort is French for ‘wrong’ – this is the law of wrongs. His time spent in prison did not reform him, however. This is just a sprinkling of legal cases which should be accessible to anybody, whether you’re thinking about law as a potential subject or just want a brain workout! This is where Lord Atkin set out the famous ‘neighbour principle’: I have a duty towards “persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question”. Known as the Belmarsh decision, there is no modern case that better sets the boundary between national security and civil liberties. Oct 21 , 2020. About the Author Samantha Love read Law at Merton College, Oxford, and is currently following the BCL course. R v Blaue [1975] 1 WLR 1411 The shorter protection period prevents creators of such works and the producers of the films from controlling reproduction of items which were created for the film and might have helped to make back a lot of the money put into it – think of the cost of replicas you buy in gift shops at amusement parks! The instructor tried to claim against the driver in negligence, but the question was what the ‘standard of care’ was that the learner driver had to breach – do we expect learner drivers to be as careful as experienced ones? This is just a sprinkling of legal cases which should be accessible to anybody, whether you’re thinking about. The Court of Appeal said yes: the duty of care was that of a competent and prudent driver (that’s somebody who can drive and drives carefully), and because Mrs Weston had been driving below this standard she had to pay him money (damages) to cover his loss. In recognising long-term domestic abuse and the possibility of a slow-burn anger that led to her snapping, the case was a cause célèbre for feminist and domestic abuse groups. The problem was that because the semen was no longer part of their body they could not bring a claim for personal injury, but the law would not have called bodily fluids personal property for the reasons set out above. Donoghue v Stevenson AC 562 Tort law covers areas where somebody’s ‘wrong’ causes loss to another person, without the two parties having to be in a contractual relationship. Samantha Love read Law at Merton College, Oxford, and is currently following the BCL course. Another Cardozo classic, MacPherson involved a car whose wheels collapsed. not operate under the aegis of the University of Oxford or those other institutions. Do we think a Stormtrooper helmet is ‘artistic’ enough to be a sculpture? The company had also included a rule that black people could not work in the better paid department, but that was removed when the Civil Rights Act made such clauses illegal. He reversed his car as told, but accidentally drove onto the officer’s foot. Below are some of the celebrated cases on the tort of nuisance. The thankfully rare case, otherwise found in philosophy debates, demonstrates the relationship between law and morality, perhaps one of the first questions on a legal theory course. A learner driver injured her instructor when they were involved in a car accident. Suing the Weatherman. The landmark decision in 1973 upheld a woman's right to an abortion. Atlantic Lottery Corporation Inc v Babstock: SCC Rejects Waiver of Tort in Class Actions. The cl… The law lords declared that there could be a limit to the immunity enjoyed by heads of states. Cases and judges' decisions are a law student's bread and butter. A year after marital rape was declared rape in 1991, came the case of Kiranjit Ahluwalia, who had been abused for over a decade by a violent husband. 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