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Legal Terms – Cycle Track
cycle track a path that bicycle riders have the right-of-way over. The Cycle Tracks Acts of 1984 make it illegal to drive a motor vehicle on a cycle track
cycle track a path that bicycle riders have the right-of-way over. The Cycle Tracks Acts of 1984 make it illegal to drive a motor vehicle on a cycle track
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Legal Terms - Cyngor
Cyngor is the Welsh term for a county or county borough council.
Cyngor is the Welsh term for a county or county borough council.
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Legal Terms - doctrine cy-près (french for cy, here, and près, close)
a theory that permits a donation to charity under certain conditions that would not allow it to be transferred to another relevant charitable purpose. The court or the Charity Commissioners may devise a plan for charitable giving, for instance, if the funds provided are more than sufficient to fulfill the aim or if the charitable donation cannot be used for the particular purpose intended.
the money to be used for a philanthropic endeavor that closely resembles the initial one. Cy-près will function automatically in the event that the donation fails after it has taken effect. A court's interpretation of the settlor's intention will determine how the concept is applied if a gift is rejected at the outset; in order to apply the money cy-près, a broad benevolent intention must be discovered. Section 6 of the Charities Act of 2011 governs applications for cy-près schemes
a theory that permits a donation to charity under certain conditions that would not allow it to be transferred to another relevant charitable purpose. The court or the Charity Commissioners may devise a plan for charitable giving, for instance, if the funds provided are more than sufficient to fulfill the aim or if the charitable donation cannot be used for the particular purpose intended.
the money to be used for a philanthropic endeavor that closely resembles the initial one. Cy-près will function automatically in the event that the donation fails after it has taken effect. A court's interpretation of the settlor's intention will determine how the concept is applied if a gift is rejected at the outset; in order to apply the money cy-près, a broad benevolent intention must be discovered. Section 6 of the Charities Act of 2011 governs applications for cy-près schemes
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Legal Terms - damage
Damage or loss. Not all types of damage result in a right of action; for instance, a landowner must tolerate a reasonable level of noise from his neighbors, and the law typically does not compensate accident victims' families for their anguish or sorrow, with the exception of the restricted statutory form of damages for bereavement. Damnum sine injuria refers to damage for which there is no legal recourse. On the other hand, a legal wrong cannot really harm someone (injuria sine damno). The claimant is entitled to nominal damages if the offense is actionable without proof of injury (such as trespassing onto land) and no damage has occurred. Nonetheless, most torts are only enforceable in cases where harm has been inflicted (see NEGLIGENCE). Damage to reputation was formerly assumed in cases of *libel and other types of *slander; however, the Defamation Act of 2013 now requires *serious harm to the claimant's reputation to have occurred or be likely to occur. Such injury in the context of body trade for profit is equivalent to significant financial loss.
Damage or loss. Not all types of damage result in a right of action; for instance, a landowner must tolerate a reasonable level of noise from his neighbors, and the law typically does not compensate accident victims' families for their anguish or sorrow, with the exception of the restricted statutory form of damages for bereavement. Damnum sine injuria refers to damage for which there is no legal recourse. On the other hand, a legal wrong cannot really harm someone (injuria sine damno). The claimant is entitled to nominal damages if the offense is actionable without proof of injury (such as trespassing onto land) and no damage has occurred. Nonetheless, most torts are only enforceable in cases where harm has been inflicted (see NEGLIGENCE). Damage to reputation was formerly assumed in cases of *libel and other types of *slander; however, the Defamation Act of 2013 now requires *serious harm to the claimant's reputation to have occurred or be likely to occur. Such injury in the context of body trade for profit is equivalent to significant financial loss.
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Legal Terms - damages pl. n. a quantity of money that a judge grants as payment for a tort or contract violation. Typically, damages are awarded in *lump-sum The claimant's entitlement to complete recompense (restitutio in integrum) for his losses is the general concept. Nominal damages may be awarded for breach of contract and for some torts (like trespass) in which no damage has occurred, but substantive damages are only awarded when actual damage has occurred. This is done to protect the interests of the claimant. The circumstances of the wrong may *exacerbate damages. Exemplary damages may be awarded in unusual tort situations (but never in contract proceedings) to penalize the defendant for their misconduct. There are two types of damages: liquidated and unliquidated. A figure agreed upon in advance by the parties to a contract as the amount to be paid in the case of a breach is known as liquidated damages. They are recoupable if the amount set was a reasonable approximation of the anticipated outcomes of a violation; otherwise, they cannot be recouped if they were imposed as a *penalty. Damages that are not liquidated are ones whose total is decided by the court. *General and special damages are additional categories for damages.
To place the claimant in the same situation as he would have been in had the tort not been committed is the goal of damages in tort law. The principles of *remoteness of harm (Overseas Tankship (UK) v. Morts Dock & Engineering Co. (The Wagon Mound) [1961] AC 388 (PC)) place restrictions on recovery. In order to minimize his losses, the claimant must take reasonable measures, which may include seeking medical attention for his wounds or looking for other work if his injuries make it impossible for him to do his previous duties. Due to the claimant's *contributory negligence, damages may also be lowered. The goal of damages in contract is to return the claimant to his pre-contractual state; nevertheless, similar to damages in tort, recovery is restricted by the remoteness of damage rules (Hadley v. Baxendale (1854) LR 9 Exch 341, 156 ER 145). Similar to tort cases, the claimant is obligated to take all reasonable measures to minimize his losses and is not eligible to get compensation for any damages incurred as a result of his failure to do so. For instance, if a hotel reservation is canceled, the hotel operator is required to use all reasonable means to rebook the room for the duration of the cancellation or for as much of it as practicable.
conditions that are incorrect. Exemplary damages may be awarded in unusual tort situations (but never in contract proceedings) to penalize the defendant for their misconduct. There are two types of damages: liquidated and unliquidated. A figure agreed upon in advance by the parties to a contract as the amount to be paid in the case of a breach is known as liquidated damages. They are recoupable if the amount set was a reasonable approximation of the anticipated outcomes of a violation; otherwise, they cannot be recouped if they were imposed as a *penalty. Damages that are not liquidated are ones whose total is decided by the court. *General and special damages are additional categories for damages.
To place the claimant in the same situation as he would have been in had the tort not been committed is the goal of damages in tort law. The principles of *remoteness of harm (Overseas Tankship (UK) v. Morts Dock & Engineering Co. (The Wagon Mound) [1961] AC 388 (PC)) place restrictions on recovery. In order to minimize his losses, the claimant must take reasonable measures, which may include seeking medical attention for his wounds or looking for other work if his injuries make it impossible for him to do his previous duties. Due to the claimant's *contributory negligence, damages may also be lowered. The goal of damages in contract is to return the claimant to his pre-contractual state; nevertheless, similar to damages in tort, recovery is restricted by the remoteness of damage rules (Hadley v. Baxendale (1854) LR 9 Exch 341, 156 ER 145). Similar to tort cases, the claimant is obligated to take all reasonable measures to minimize his losses and is not eligible to get compensation for any damages incurred as a result of his failure to do so. For instance, if a hotel reservation is canceled, the hotel operator is required to use all reasonable means to rebook the room for the duration of the cancellation or for as much of it as practicable. Also see DAMAGES BASED ON GAIN.
The standards of just satisfaction established by the European Court of Human Rights (R (Greenfield) v Secretary of State for the Home Department [2005] UKHL 14, [2005] 1 WLR 673) are applied to damages for violations of the *Human Rights Act 1998.
To place the claimant in the same situation as he would have been in had the tort not been committed is the goal of damages in tort law. The principles of *remoteness of harm (Overseas Tankship (UK) v. Morts Dock & Engineering Co. (The Wagon Mound) [1961] AC 388 (PC)) place restrictions on recovery. In order to minimize his losses, the claimant must take reasonable measures, which may include seeking medical attention for his wounds or looking for other work if his injuries make it impossible for him to do his previous duties. Due to the claimant's *contributory negligence, damages may also be lowered. The goal of damages in contract is to return the claimant to his pre-contractual state; nevertheless, similar to damages in tort, recovery is restricted by the remoteness of damage rules (Hadley v. Baxendale (1854) LR 9 Exch 341, 156 ER 145). Similar to tort cases, the claimant is obligated to take all reasonable measures to minimize his losses and is not eligible to get compensation for any damages incurred as a result of his failure to do so. For instance, if a hotel reservation is canceled, the hotel operator is required to use all reasonable means to rebook the room for the duration of the cancellation or for as much of it as practicable.
conditions that are incorrect. Exemplary damages may be awarded in unusual tort situations (but never in contract proceedings) to penalize the defendant for their misconduct. There are two types of damages: liquidated and unliquidated. A figure agreed upon in advance by the parties to a contract as the amount to be paid in the case of a breach is known as liquidated damages. They are recoupable if the amount set was a reasonable approximation of the anticipated outcomes of a violation; otherwise, they cannot be recouped if they were imposed as a *penalty. Damages that are not liquidated are ones whose total is decided by the court. *General and special damages are additional categories for damages.
To place the claimant in the same situation as he would have been in had the tort not been committed is the goal of damages in tort law. The principles of *remoteness of harm (Overseas Tankship (UK) v. Morts Dock & Engineering Co. (The Wagon Mound) [1961] AC 388 (PC)) place restrictions on recovery. In order to minimize his losses, the claimant must take reasonable measures, which may include seeking medical attention for his wounds or looking for other work if his injuries make it impossible for him to do his previous duties. Due to the claimant's *contributory negligence, damages may also be lowered. The goal of damages in contract is to return the claimant to his pre-contractual state; nevertheless, similar to damages in tort, recovery is restricted by the remoteness of damage rules (Hadley v. Baxendale (1854) LR 9 Exch 341, 156 ER 145). Similar to tort cases, the claimant is obligated to take all reasonable measures to minimize his losses and is not eligible to get compensation for any damages incurred as a result of his failure to do so. For instance, if a hotel reservation is canceled, the hotel operator is required to use all reasonable means to rebook the room for the duration of the cancellation or for as much of it as practicable. Also see DAMAGES BASED ON GAIN.
The standards of just satisfaction established by the European Court of Human Rights (R (Greenfield) v Secretary of State for the Home Department [2005] UKHL 14, [2005] 1 WLR 673) are applied to damages for violations of the *Human Rights Act 1998.
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Legal Terms - damages-based agreement (DBA)
a type of no-win, no-fee arrangement wherein the attorneys for a claimant receive a portion of any money that is obtained. DBAs were only allowed in employment tribunal disputes until April 2013, however the Damages-Based Agreements
This kind of agreement is applicable to civil lawsuit under Regulations 2013. In situations involving personal injuries, the attorney may be entitled to 25% of damages (not including future care and loss damages); in cases involving employment tribunals, 35% of damages; and in all other cases, 50% of damages.
a type of no-win, no-fee arrangement wherein the attorneys for a claimant receive a portion of any money that is obtained. DBAs were only allowed in employment tribunal disputes until April 2013, however the Damages-Based Agreements
This kind of agreement is applicable to civil lawsuit under Regulations 2013. In situations involving personal injuries, the attorney may be entitled to 25% of damages (not including future care and loss damages); in cases involving employment tribunals, 35% of damages; and in all other cases, 50% of damages.
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Legal Terms - damnum sine injuria esse potest
[Latin: there may be damage or injury inflicted without any wrong being done] the idea that if a claimant has been harmed by another person's actions and the defendant's actions were not illegal, the claimant may not be eligible to get compensation. In the case of Mayor of Bradford v Pickles [1895] AC 587 (HL), for instance, the House of Lords declined to step in to support a landowner who, displeased that a municipal authority had declined to buy his plot in relation to a water-supply scheme, had intercepted underground water seeping through his land in an area that belonged to the corporation through unclear channels. The landowner did not break any laws in doing so; even if the local authority's water supply was harmed, they were not legally wronged
[Latin: there may be damage or injury inflicted without any wrong being done] the idea that if a claimant has been harmed by another person's actions and the defendant's actions were not illegal, the claimant may not be eligible to get compensation. In the case of Mayor of Bradford v Pickles [1895] AC 587 (HL), for instance, the House of Lords declined to step in to support a landowner who, displeased that a municipal authority had declined to buy his plot in relation to a water-supply scheme, had intercepted underground water seeping through his land in an area that belonged to the corporation through unclear channels. The landowner did not break any laws in doing so; even if the local authority's water supply was harmed, they were not legally wronged
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Legal Terms - . dangerous animals
animals whose usage or possession is prohibited by law due to their tendency to cause harm. A local government license is needed to maintain apes, bears, crocodiles, porcupines, tigers, venomous snakes, and other potentially harmful creatures according to the harmful Wild creatures Act of 1976. A schedule to the 1976 Act contains a list of creatures that are considered hazardous wild animals. The Dangerous Dogs Act of 1991 made it illegal to breed, sell, or own dogs of a breed bred for fighting (pit bull terriers, for example), allowed for the imposition of similar restrictions on other dogs that posed a risk to the public, and made it illegal to allow a dog to become dangerously out of control in a public setting. Being in charge of a dangerously out-of-control dog is now a crime under the Anti-Social Behaviour, Crime and Policing Act (2014), which also covers private property, such as a person's home.
own residence. The Guard Dogs Act of 1975 places tight restrictions on the usage of *guard dogs. R v. Gedminintaite [2008] EWCA Crim 814 is the case.
animals whose usage or possession is prohibited by law due to their tendency to cause harm. A local government license is needed to maintain apes, bears, crocodiles, porcupines, tigers, venomous snakes, and other potentially harmful creatures according to the harmful Wild creatures Act of 1976. A schedule to the 1976 Act contains a list of creatures that are considered hazardous wild animals. The Dangerous Dogs Act of 1991 made it illegal to breed, sell, or own dogs of a breed bred for fighting (pit bull terriers, for example), allowed for the imposition of similar restrictions on other dogs that posed a risk to the public, and made it illegal to allow a dog to become dangerously out of control in a public setting. Being in charge of a dangerously out-of-control dog is now a crime under the Anti-Social Behaviour, Crime and Policing Act (2014), which also covers private property, such as a person's home.
own residence. The Guard Dogs Act of 1975 places tight restrictions on the usage of *guard dogs. R v. Gedminintaite [2008] EWCA Crim 814 is the case.
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Legal Terms - dangerous driving
The offense of operating a motor vehicle in a way that clearly falls short of what a careful and competent driver would do, or in a way that a careful and competent driver would find unacceptable (Road Traffic Act 1988 § 2). * The maximum sentence in a summary trial is six months in jail and/or a fine; in an indictment, it is two years in prison and/or a fine.Disqualification is mandatory and has a penalty point endorsement ranging from 3 to 11. A court may also order the forfeiture of the used car (Powers of the Criminal Courts (Sentencing) Act 2000, s. 143).
The offense of operating a motor vehicle in a way that clearly falls short of what a careful and competent driver would do, or in a way that a careful and competent driver would find unacceptable (Road Traffic Act 1988 § 2). * The maximum sentence in a summary trial is six months in jail and/or a fine; in an indictment, it is two years in prison and/or a fine.Disqualification is mandatory and has a penalty point endorsement ranging from 3 to 11. A court may also order the forfeiture of the used car (Powers of the Criminal Courts (Sentencing) Act 2000, s. 143).
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Legal Terms - dangerous machinery
It is the responsibility of an employer to protect staff against hazardous machinery. According to the Factories Act of 1961, all machinery with potentially harmful parts must to be properly fenced, unless the part is built or positioned so that it is just as safe without the fence. The EU Machinery Directive and related regulations set forth guidelines for the safety of machinery in mines and quarries, as does the Mines and Quarries Act of 1954. General guidelines for *workplace safety are included in the Health and Safety at Work Act of 1974.
It is the responsibility of an employer to protect staff against hazardous machinery. According to the Factories Act of 1961, all machinery with potentially harmful parts must to be properly fenced, unless the part is built or positioned so that it is just as safe without the fence. The EU Machinery Directive and related regulations set forth guidelines for the safety of machinery in mines and quarries, as does the Mines and Quarries Act of 1954. General guidelines for *workplace safety are included in the Health and Safety at Work Act of 1974.
