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Glossary—Latin legal terms

Glossary—Latin legal terms Despite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order: Latin term Definition Meaning Acta iure imperii Legal acts of public nature Liability of the state for actions or omissions in the exercise of state authority Bona Fide In good faith A Bona Fide agreement is one entered into without intent to deceive Caveat Take care/caution A legal notice to the court to prevent another party taking action without informing the person who gave the notice Compos Mentis Of sound mind Legally fit to conduct the claim De Facto In fact As a matter of fact Ex Gratia As a matter of favour An ex gratia payment is made without any legal or contractual obligation to do so Ex Parte By a party An ex parte application is made to the court by one party in the absence or without...

Product liability—causes of action—checklist

Product liability—causes of action—checklist Breach of a contract entered into before 1 October 2015 Breach of a contract entered into on or after 1 October 2015 Negligence Consumer Protection Act 1987 Relevant legislation All contracts entered into prior to 1 October 2015 (whether in a business or consumer context):—Sale of Goods Act 1979 (SGA 1979)—Supply of Goods and Services Act 1982 (SGSA 1982) Consumer contracts entered into from 1 October 2015:—Consumer Rights Act 2015 (CRA 2015) Not applicable Consumer Protection Act 1987 Who can bring a claim —Parties to the contract (purchaser/consumer)—Third parties specifically referred to in the contract (Contracts (Rights of Third Parties) Act 1999) Parties to the contract (purchaser/consumer)—Third parties specifically referred to in the contract (Contracts (Rights of Third Parties) Act 1999) Users of a product or any person provided that the defendant owed them a duty of care eg bystanders struck by a defective product Person who suffered damage Potential defendants —Parties to the contract (retailer) —Parties to the contract (retailer) Includes but is not limited...

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Defences to Tort Claims

Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a duty, or there was no breach of duty or there was a break in the chain of causation.In each of those cases, the claimant has failed to establish that the defendant is prima facie liable.This Practice Note considers the defences, which may exculpate a defendant from liability where liability has prima facie been established.For guidance on limitation defences in tort claims, see the Practice Notes:•Limitation—tort claims•Limitation—professional negligence claims—Date of accrual in tort•Limitation—Latent damageContributory negligence as a defence to a claim in tortSection 1(1) of the Law Reform (Contributory Negligence) Act 1945 (LR(CN)A 1945) provides that where a claimant suffers damage partly as result of their own fault and partly as a result of the fault of the defendant, the court shall reduce the claimant’s damages to such an extent as it thinks just and equitable. Where the fault of both the claimant and the defendant contributed to...

Did the claimant consent to the risk of injury?

The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that the claimant understands the danger of the situation and willingly consents to the risk of injury. In such circumstances, should injury occur, the claimant has no reason for complaint.The defence is often shortened to volenti.If established, volenti is a complete defence. The justification is that it is not possible to apportion consent and say that a claimant agreed to run certain risks but not others. As such, the defence will only be successful in clear cases.The volenti defence will rarely be available in claims for breach of statutory duty.Requirements for bringing the defenceThree factors must be present in order to run the defence:•capacity•knowledge and willingness•agreement (express or implied)CapacityThe claimant must have the capacity to give their consent in the relevant way. Children and those suffering from mental illnesses may be found to lack the appropriate capacity to consent to the risk of injury.Knowledge and willingnessThe courts have held that simple...

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Defence alleging volenti non fit injuria in sporting injury claim

Defence alleging volenti non fit injuria in sporting injury claim [ In the High Court of Justice OR In the COUNTY COURT AT [insert] ] [ [Specify division] ] [ [Specify Specialist court] ] [ [Insert location] District Registry ] Claim No: Between [A B]        Claimant and [X Y]        Defendant ________________________________________________ Defence ________________________________________________ 1 Paragraph numbers in this Defence refer to paragraphs in the Particulars of claim dated [insert date]. 2 Paragraph 1 is admitted. 3 Paragraph 2 is denied. It is denied that the Defendant was negligent as alleged in paragraph 5 of the Particulars of Claim or at all. 4 The accident occurred around 20 yards outside the penalty area in the Defendant’s half of the pitch. The Defendant, who was playing in the position of Centre Back, had jumped for a header in competition with the Claimant. In the process of winning the ball, the Defendant inadvertently struck the Claimant with his elbow and rendered him unconscious. 5 The referee awarded a free...

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Is it possible to include a restrictive covenant or an agreement in a transfer whereby the transferee covenants or agrees not to object to a potential nuisance caused by the transferor?

Is it possible to include a restrictive covenant or an agreement in a transfer whereby the transferee covenants or agrees not to object to a potential nuisance caused by the transferor? Restrictive covenants A restrictive covenant requires the covenantor not to do the thing specified, whether that is building on or using the land for particular purposes. We have found no authority on whether this could include not to object to the use of land in a certain way. Covenants restricting the use of land imposed by a seller include covenants imposed for the seller’s own benefit. For restrictive covenants affecting registered land, a notice must be entered in the charges register of the burdened land. Where there is no entry on the register, subsequent registered proprietors will take free of the covenants. For more information on restrictive covenants, see: Restrictive covenants—overview and specifically: • Practice Note: Restrictive covenants—nature and characteristics • Restrictive covenants: general: Encyclopaedia of Forms and Precedents [66], and • Nature of restrictive...