click links in text for more info
SUMMARY / RELATED TOPICS

Damages

At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show. To be recognised at law, the loss must involve damage to mental or physical injury. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. Among the Saxons, a price called Weregild was placed on every human being and every piece of property in the Salic Code. If property was stolen, or someone was injured or killed, the guilty person would have to pay weregild as restitution to the victim's family, or to the owner of the property. Recovery of damages by a plaintiff in lawsuit is subject to the legal principle that damages must be proximately caused by the wrongful conduct of the defendant.

This is known as the principle of proximate cause. This principle governs the recovery of all compensatory damages, whether the underlying claim is based on contract, tort, or both. Damages are to be limited to those reasonably foreseeable by the defendant. If a defendant could not reasonably have foreseen that someone might be hurt by their actions, there may be no liability; this rule does not apply to intentional torts, has stunted applicability to the quantum in negligence where the maxim'Intended consequences are never too remote]' applies:'never' is inaccurate here but resorts to unforeseeable direct and natural consequences of an act. It may be useful for the lawyers, the plaintiff and/or the defendant to employ forensic accountants or someone trained in the relevant field of economics to give evidence on the value of the loss. In this case, they may be called upon to give opinion evidence as an expert witness. Compensatory damages are paid to compensate the claimant for loss, injury, or harm suffered as a result of another's breach of duty.

Expectation damages are used in contract law to put an injured party in the position it would have occupied but for the breach. Liability for payment of an award of damages is established when the claimant proves, on the balance of probabilities, that a defendant's wrongful act caused a tangible, loss or injury to the plaintiff. Once that threshold is met, the plaintiff is entitled to some amount of recovery for that loss or injury. No recovery is not an option; the court must assess the amount of compensation attributable to the harmful acts of the defendant. Special damages compensate the claimant for the quantifiable monetary losses suffered by the plaintiff. For example, extra costs, repair or replacement of damaged property, lost earnings, loss of irreplaceable items, additional domestic costs, so on, they are seen in both commercial actions. Special damages can include direct losses and consequential or economic losses resulting from lost profits in a business. Special damages include compensatory damages for the injury or harm to the plaintiff that result from the tort committed by the defendant.

Damages in tort are awarded to place the claimant in the position in which he would have been had the tort not taken place. Damages for breach of contract are awarded to place the claimant in the position in which he would have been had the contract not been breached; this can result in a different measure of damages. In cases where it is possible to frame a claim in either contract or tort, it is necessary to be aware of what gives the best outcome. If the transaction was a "good bargain", contract gives a better result for the claimant; as an example, Neal agrees to sell Mary an antique Rolex for £100. In fact the watch is a fake and worth only £50. If it had been a genuine antique Rolex, it would have been worth £500. Neal could be sued. In contract, Mary is entitled to an item worth £500, but she has only one worth £50, her damages are £450. Neal induced Mary to enter into the contract through a misrepresentation. If Mary sues in tort, she is entitled to damages that put herself back to the same financial position place she would have been in had the misrepresentation not been made.

She would not have entered into the contract knowing the watch was fake, is entitled to her £100 back. Thus her damages in tort are £100. If the transaction were a "bad bargain", tort gives a better result for the claimant. If in the above example Mary had overpaid, paying £750 for the watch, her damages in contract would still be £450, however in tort damages are £700; this is because damages in tort put her in the position she would have been in had the tort not taken place, are calculated as her money back less the value of what she got. Special damages are sometimes divided into incidental damages, consequential damages. Incidental losses include the costs needed to put things right; the largest element is to be the reinstatement of property damage. Take for example a factory, burnt down by the negligence of a contractor; the claimant would be entitled to the direct costs required to rebuild the factory and replace th

Joseph Babinski

Joseph Jules François Félix Babinski was a French-Polish professor of neurology. He is best known for his 1896 description of the Babinski sign, a pathological plantar reflex indicative of corticospinal tract damage. Born in Paris, Babinski was the son of a Polish military officer, Aleksander Babiński, his wife Henryeta Weren Babińska, who in 1848 fled Warsaw for Paris because of a Tsarist reign of terror instigated to stall Polish attempts at achieving independence and breaking the union between Congress Poland and the Russian Empire. Babinski received his medical degree from the University of Paris in 1884, he became his favorite student. Charcot's 1893 death left Babinski without support, he subsequently never participated in qualifying academic competitions. Free of teaching duties, while working at the Hôpital de la Pitié he was left with ample time to devote himself to clinical neurology, he was a masterful clinician, minimally dependent on neuropathological examinations and laboratory tests.

Babinski took an interest in the pathogenesis of hysteria and was the first to present acceptable differential-diagnostic criteria for separating hysteria from organic diseases, coined the concept of pithiatism. In 1896, at a meeting of the Société de Biologie, Babiński, in a 26-line presentation, delivered the first report on the "phenomène des orteils", i.e. that while the normal reflex of the sole of the foot is a plantar reflex of the toes, an injury to the pyramidal tract will show an isolated dorsal flexion of the great toe—"Babinski's sign." During World War I, Babinski had charge of many traumatic neurology cases at the Pitié Hospitals. He was professor of neurology at the University of Paris. Babinski wrote over 200 papers on nervous disorders. With Jules Froment he published Hysteropithiatisme en Neurologie de Guerre, translated into English in 1918 by Sir H. Rolleston. Babiński published some of his works in Polish. Babinski lived with his younger brother, Henri Babinski, a distinguished engineer and famous cook who, as "Ali Baba," published a classic cookbook.

With Pierre Palau, under the pseudonym "Olaf," wrote a disturbing play, Les détraquées, which premiered at the Deux-Masques theater in 1921. The play involves the murder of a young pupil at a girls' school by the school's principal and her accomplice, a dance teacher. André Breton discusses the work in Nadja. Babinski died in the same year as Edward Flatau and Samuel Goldflam. In his last years he had suffered from Parkinson's disease. Babinski lived to see his achievements in French neurology internationally acclaimed, he was honored by Lithuania's Vilnius University, by the American Neurological Society, by other foreign societies. A Clinical Lesson at the Salpêtrière Biography of Joseph Babinski, from whonamedit.com Joseph Jules François Félix Babinski – short biography by Janusz H. Skalski published in the Journal of Neurology

Moore v. Madigan

Moore v Madigan is the common name for a pair of cases decided in 2013 by the U. S. Court of Appeals, 7th Circuit, regarding the constitutionality of the State of Illinois' no-issue legislation and policy regarding the carry of concealed weapons; the plaintiffs, Michael Moore, Mary Shepard and the Second Amendment Foundation, sought an injunction against Illinois attorney general Lisa Madigan, Illinois Governor Patrick Quinn, other named defendants, barring them from enforcing two key provisions of the Illinois Statutes prohibiting public possession of a firearm or other weapon. The case was dismissed by the Illinois Federal District Court, but a 3-judge panel of the 7th Circuit reversed, an en banc rehearing was declined by the full Circuit. Madigan and other named Defendants were considering an appeal to the United States Supreme Court prior to July 2013, but the legal case became mooted once the Illinois legislature passed a shall issue concealed carry law that month. Illinois State Statutes §720 ILCS 5/24-1 and §720 ILCS 5/24-1.6 define the crimes of "Unlawful Use of Weapons" and "Aggravated Unlawful Use of Weapons".

In part, they state that a person commits a gross misdemeanor when he knowingly "Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person’s permission, any pistol, stun gun or taser or other firearm... or... Carries or possesses on or about his person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person’s permission, any pistol, stun gun or taser or other firearm...". The offense is a Class 4 felony for a first offense and a Class 2 felony thereafter under the "Aggravated" variation if, at any time, the weapon possessed by the person was uncased and either loaded or with the ammunition "immediately accessible".

Coupled with lack of exemption based on a carry permit, the like of which did not exist in Illinois, the Statutes prohibit all forms of defensive weapons carry by private citizens. In 2009, Mary E. Shepard, a member of the advocacy group the Illinois State Rifle Association, was performing volunteer duties as treasurer at her church, when she was assaulted and beaten by an intruder and left for dead, her injuries were numerous and major, including skull fractures, hearing loss, shattered teeth, vertebral damage, which required many surgeries and extensive physical therapy. An 83-year-old coworker, unnamed in the suit, was brutalized and badly injured in the attack. Despite possessing a handgun and maintaining the State-required Firearms Owner Identification card, Shepard was unarmed as required by Illinois statutes during the attack, asserts that if she had had access to her weapon, she could have fought off her assailant and avoided the injuries to herself and her co-worker. Shepard and the Second Amendment Foundation filed suit in 2011 in the U.

S. District Court for the Southern District of Illinois, seeking an injunction barring Lisa Madigan, in her capacity as Attorney General for the State of Illinois, from enforcing the sections of the Illinois State Statutes that prohibit public carry of a loaded, functional firearm. On May 12, 2011, plaintiffs Michael Moore, Charles Hooks, IllinoisCarry, the Second Amendment Foundation filed suit in the United States District Court for the Central District of Illinois, Springfield Division, alleging that the same areas of the Illinois State Statutes mentioned in Shepard were facially violative of the U. S. Constitution the Second Amendment as interpreted by the landmark Supreme Court Cases D. C. v. Heller and McDonald v. Chicago, sought an injunction barring enforcement of the statutes. Moore, a Cook County Sheriff's Deputy who retired after 30 years of service, had attempted to obtain the ability to carry a concealed firearm as a retired law enforcement officer under HR 218, the Law Enforcement Officers Safety Act, but Cook County Sheriff Tom Dart declined to issue him one, stating that Deputy Moore had been employed as a corrections deputy, not a "road" deputy and did not meet the standard.

In 2010, Moore and four other retired officers filed a suit in Federal Court against the Illinois Law Enforcement Training and Standards Board challenging the ID card requirement of LEOSA. The Court ruled that the plaintiffs had no standing "absent clear statutory intent, a court is precluded from creating a private right of action..." and that "LEOSA does not provide for a mechanism enabling Plaintiffs to sue". In an opinion dated March 30, 2012, Judge William D. Stiehl, presiding for the U. S. District Court of the Southern District of Illinois, dismissed the complaint in Shepard v. Madigan. Among his findings were that the Heller, McDonald and subsequent relevant 7th Circuit decisions failed to address the specific assertion of the Plaintiffs that the right to keep and bear arms outside one's own home is a "core" protection of the Second Amendment. Absent such decision, with text from Heller stating that the historical review in that case did not support the claim that "the Second Amendment extends the right to keep and bear arms to the

Beacon Barracks

Ministry of Defence Stafford otherwise known as MOD Stafford or Beacon Barracks is a Ministry of Defence site located in Stafford, in England. Beacon Barracks was renamed from RAF Stafford in 2006. In 2013 the British Government announced that the redevelopment of the barracks to allow 16 Signal Regiment and 1 Armoured Division Signal Regiment to move there in 2015; the following notable units are based at MOD Stafford. Army Recruiting Teams Army Cadet ForceRoyal Corps of Signals 1st Signal Brigade 16th Signal Regiment 207 Signal Squadron 230 Signal Squadron 247 Gurkha Signal Squadron 255 Signal Squadron Support Squadron 22nd Signal Regiment 217 Signal Squadron 222 Signal Squadron 248 Signal Squadron Support Squadron 11th Signal Brigade 1st Signal Regiment Headquarters Squadron 200 Signal Squadron 201 Signal Squadron 211 Signal Squadron Support Squadron Defence Electronics and Components Agency Stafford Joint Helicopter Command Tactical Supply WingNo. 22 Group RAF Air Training Corps Staffordshire Wing Headquarters No. 395 Squadron ATC

The Old Rectory, Llanbedr

The Old Rectory, Llanbedr is located two miles north-east of the market town of Ruthin, around 400 m north of the quiet village of Llanbedr and is a late 17th-century property, of a type rare in the county. It was listed as Grade II* on 19 July 1966; the front is a double pile of mellow red brick, with a hipped roof. It is set back down a private country lane; the village school is around 200 m in the other direction. The central well staircase is of oak, it has the original oak flooring in all but the reception room, which has rich patterned Victorian tiles, with a central carpet motif from the old church at the nearby village. The house has leaded glazing; the rooms inside are laid out in a classic dolls' house style. The sitting room has original oak "fielded" paneling. Outside, there is a dovecote, Listed as Grade II and a gazebo, Grade II. East of the house, a line of Iron Age hill forts crown the Clwydian Hills; the house was sold by the Church in Wales around 30 years ago Hubbard, Edward. Denbighshire and Flintshire.

The Buildings of Wales. Penguin. ISBN 0-14-071052-3. Binney, Marcus, "Saved in Wales with Jackson Stops & Staff", The Times, 12: 27

Buffy the Vampire Slayer Season Ten

Buffy the Vampire Slayer Season Ten is the sequel to the Season Nine comic book series, a canonical continuation of the television series Buffy the Vampire Slayer. The series is published by Dark Horse Comics and ran from March 2014 to August 2016; the Season Ten brand continues the two ongoing component series that formed Season Nine: Buffy and Angel & Faith. The creative team of Angel & Faith in Season Nine, writer Christos Gage and penciler Rebekah Isaacs, are the creative team behind Buffy Season Ten. Victor Gischler and Will Conrad took over Faith in this season. Unlike with Season Nine, there were no spin-off series in addition to the two core series. There was however a short story titled "Where Are They Now", published in Dark Horse Day Sampler 2016; the series was followed by Season Eleven which began November 23, 2016. As in the preparation for the previous season, there was a writer's summit in spring 2013, months before Season Nine ended. Along with all the creators from Season Nine, Victor Gischler and Buffy the Vampire Slayer actor Nicholas Brendon joined the team.

Buffy and her friends must get to grips with the new rules of magic created at the end of Season Nine when they encounter a new breed of vampires which can shapeshift, walk in sunlight, and, harder to kill. Another consequence is that Buffy's sister Dawn, though alive again thanks to the recreation of magic, has had a traumatic time adjusting to life. Meanwhile, Xander is secretly haunted by apparitions of his dead ex-fiance Anya. However, all is not bleak, as Buffy's old mentor Giles is delivered to her by Faith alive and mentally intact, but in the body of a child, following the events of Angel & Faith in the previous season; the group soon learn that the now-blank Vampyr book given to Buffy back in 1997 can be used to write new rules for magic, realizing what a danger this book is, the gang forms an alliance with the demon D'Hoffryn and other interested parties to keep the book safe and act as stewards over the new and unstable rules of magic. They consider the needs of various mystical groups willing to make peace with humans including a mutually non-lethal agreement with the majority of the world's vampires, led by Harmony Kendall.

The gang does some growing up. Willow prevents Andrew from making a terrible mistake with the Vampyr book when he attempts to resurrect her long-dead girlfriend Tara, whose death he feels responsible for, confronts his tendency to act impulsively – sometimes with good motivations – but without regard for other people's consent or feelings, he does however activate a digital recording of the personality of his friend and victim Jonathan Levinson. Some time after some soul searching, Andrew realizes he is gay. Meanwhile, ends her relationship with the demon witch Aluwyn, having grown apart, Xander and Dawn decide to take things slow. Buffy and Spike confront the fact that they've grown closer to each other, Buffy realizes she loves Spike, they become a couple. Buffy stands by Spike when it appears that an evil outside force is controlling him at night, they soon track this force down: an ancient vampire named Archaeus, part of the same lineage as Spike and Angel, Archaeus having directly sired the Master.

Temporarily getting away from the powerful demon, the group realize they will have to bring Angel in on the development. Buffy is able to put the events of Season Eight, in which Angel was influenced by a higher power into being a villain, behind her, but there is initial awkwardness in the group as they attempt to confront Archaeus. However, working together, Buffy and Spike are able to wound Archaeus and kill his servants with the Scythe, so Archaeus flees. D'Hoffryn informs Buffy that a portal Archaeus was using, which opens into hell dimensions, is called the Restless Door and is being repaired by an alliance of enemies faced by the gang this season: the Old One, the Soul Glutton. Angel leaves to warn his friends in London, giving Spike his blessing and accepting a place as a friend in Buffy's life, but confides in Willow that he believes Spike's self-destructiveness will doom his relationship with Buffy; when Buffy's father Hank announces he doesn't want Buffy to be a part of his wedding due to her being a Slayer, she finds herself hurt by this.

On a different mission, a demon triggers Buffy's memories of her attempted rape by a soulless Spike. She explains to Spike that she doesn't blame him for his actions when he didn't have a soul, but that she will always remember them, that he has to respect that she will always have to deal with them in her own way. Meanwhile, Anya's ghost transpires to be the puppet of an unseen force and unaware that she is not Anya. Demon invasions caused by the Restless Door become a global threat; the Slayer Satsu, who once had a fling with Buffy, attempts to convince Buffy that she needs to work with the military as they are the only ones with the resources to help and since she forgave Angel, the military deserves another chance. The military needs Buffy and Spike to recruit both types of vampires to help battle the demon invasions; the vampires are represented by Harmony and Vicki who have Buffy and Spike win trials of combat to gain the vampires alliance. The two vampire leaders point out the insecurities in Buffy's and Spike's relationship.

Spike meets with a woman from his past, first seen in the Spike: Into the Light comic. Dylan thanks Spike for giving her the courage