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Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] 1 All ER 53 is a case in English tort law that established the principle that claims under nuisance and Rylands v Fletcher must include a requirement that the damage be foreseeable; it also suggested that Rylands was a sub-set of nuisance rather than an independent tort, a debate eventually laid to rest in Transco plc v Stockport ...
Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, [1] commonly known as Wagon Mound (No. 1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence. The Privy Council [2] held that a party can be held liable only for loss that was reasonably foreseeable. Contributory negligence on the part of the ...
The case's main significance is that, after the shift within the common law of negligence from strict liability [1] to a reasonable standard of care, [2] this case advocated a middle way, namely: Even if the loss or harm is not itself foreseeable, liability may arise provided the actual loss falls with a "foreseeable class of harm".
The degree of knowledge which the defendant had about the probability and likely magnitude of harm to the plaintiff. [10]: p 230–1 Special rules exist for the establishment of duty of care where the plaintiff suffered mental harm, or where the defendant is a public authority. [12]
Honest services fraud is a crime defined in 18 U.S.C. § 1346 (the federal mail and wire fraud statute), added by the United States Congress in 1988. [1] The idea of this law was to criminalize not only schemes to defraud victims of money and property, but also schemes to defraud victims of intangible rights such as the "honest services" of a public official.
The harm which occurred must be a reasonable foreseeable result of the defendant's conduct; A sufficient relationship of proximity or neighbourhood exists between the alleged wrongdoer and the person who has suffered damage; It is fair, just and reasonable to impose liability.
In medical law and medical ethics, the duty to protect is the responsibility of a mental health professional to protect patients and others from foreseeable harm. [1] If a client makes statements that suggest suicidal or homicidal ideation, the clinician has the responsibility to take steps to warn potential victims, and if necessary, initiate involuntary commitment.
The ten rules are: [1] Avoid complex flow constructs, such as goto and recursion. All loops must have fixed bounds. This prevents runaway code. Avoid heap memory allocation. Restrict functions to a single printed page. Use a minimum of two runtime assertions per function. Restrict the scope of data to the smallest possible.