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The man on the Clapham omnibus

The man on the Clapham omnibus is a hypothetical ordinary and reasonable person, used by the courts in English law where it is necessary to decide whether a party has acted as a reasonable person would – for example, in a civil action for negligence. The man on the Clapham omnibus is a reasonably educated, intelligent but nondescript person, against whom the defendant's conduct can be measured; the term was introduced into English law during the Victorian era, is still an important concept in British law. It is used in other Commonwealth common law jurisdictions, sometimes with suitable modifications to the phrase as an aid to local comprehension; the route of the original "Clapham omnibus" is unknown but London Buses route 88 was branded as "the Clapham Omnibus" in the 1990s and is sometimes associated with the term. The phrase was first put to legal use in a reported judgment by Sir Richard Henn Collins MR in the 1903 English Court of Appeal libel case, McQuire v. Western Morning News, he attributed it to Lord Bowen, said to have coined it as junior counsel defending the Tichborne Claimant case in 1871.

Brewer's lists this as a possible first use. It may be derived from the phrase "Public opinion... is the opinion of the bald-headed man at the back of the omnibus", a description by the 19th-century journalist Walter Bagehot of a normal London man. Clapham, in South London, was at the time a nondescript commuter suburb seen to represent "ordinary" London. Omnibus is now a rather archaic term for a public bus, but was in common use by the judiciary at the beginning of the 20th century; the concept was used by Lord Justice Greer, in the case of Hall v. Brooklands Auto-Racing Club, to define the standard of care a defendant must live up to in order to avoid being found negligent; the use of the phrase was reviewed by the UK Supreme Court in Healthcare at Home Limited v. The Common Services Agency, where Lord Reed said: 1; the Clapham omnibus has many passengers. The most venerable is the reasonable man, born during the reign of Victoria but remains in vigorous health. Amongst the other passengers are the right-thinking member of society, familiar from the law of defamation, the officious bystander, the reasonable parent, the reasonable landlord, the fair-minded and informed observer, all of whom have had season tickets for many years.

2. The horse-drawn bus between Knightsbridge and Clapham, which Lord Bowen is thought to have had in mind, was real enough, but its most famous passenger, the others I have mentioned, are legal fictions. They belong to an intellectual tradition of defining a legal standard by reference to a hypothetical person, which stretches back to the creation by Roman jurists of the figure of the bonus paterfamilias... 3. It follows from the nature of the reasonable man, as a means of describing a standard applied by the court, that it would be misconceived for a party to seek to lead evidence from actual passengers on the Clapham omnibus as to how they would have acted in a given situation or what they would have foreseen, in order to establish how the reasonable man would have acted or what he would have foreseen. If the party offered to prove that his witnesses were reasonable men, the evidence would be beside the point; the behaviour of the reasonable man is not established by the evidence of witnesses, but by the application of a legal standard by the court.

The court may require to be informed by evidence of circumstances which bear on its application of the standard of the reasonable man in any particular case. 4. In recent times, some additional passengers from the European Union have boarded the Clapham omnibus; this appeal is concerned with one of them: the reasonably well-informed and diligent tenderer. The expression has been incorporated in Canadian patent jurisprudence, notably Beloit v. Valmet Oy in its discussion of the test for obviousness. In Australia, the "Clapham omnibus" expression has inspired the New South Wales and Victorian equivalents, "the man on the Bondi tram", "the man on the Bourke Street tram". In Western Australia, the equivalent is "the man on the Prospector to Kalgoorlie". In Hong Kong, the equivalent expression is "the man on the Shaukiwan Tram"; the Omnibus Theatre in Clapham has been open since 2013 on the site of an old library. Bellwether Person having ordinary skill in the art Placeholder name Objective historian

Shlensky v. Wrigley

Shlensky v Wrigley, 237 NE 2d 776 is a leading US corporate law case, concerning the discretion of the board to determine how to balance the interests of stakeholders. It represents the shift in most states away from the idea that corporations should only pursue shareholder value, seen in the older Michigan decision of Dodge v Ford Motor; the Chicago Cubs' president refused to install field lights for night games at Wrigley Field. "Plaintiff allege that Wrigley ha refused to install lights, not because of interest in the welfare of the corporation but because of his personal opinions'that baseball is a'daytime sport' and that installation of lights and night baseball games will have a deteriorating effect upon the surrounding neighborhood'." This meant that night games could not go ahead, so, in the view of Shlensky, would result in lower profits for shareholders. A challenge was brought by shareholder Shlensky against the directors' decision; the Court affirmed the director's decision. The president was not liable for failing to maximize returns to shareholders.

It was, not satisfied that the motives assigned to are contrary to the best interests of the corporation and the stockholders… showed no fraud, illegality or conflict of interest in making that decision....the directors are chosen to pass upon such questions and their judgment unless shown to be tainted with fraud is accepted as final. The judgment the directors of the corporation enjoys the benefit of a presumption that it was formed in good faith, was designed to promote the best interests of the corporation they serve. United States corporate law Choper and Gilson, Cases and Materials on Corporations

Alfred Neumann (architect)

Alfred Neumann was an Austrian-born, Jewish modernist architect, best known for his buildings in Israel. Neumann was born on January 1900 in Vienna to Siegmund Neumann and Hermina Hickl. In 1910, Neumann's family moved to Brno for his father's job at a joinery workshop. Neuman attended German Building Technical College. Following his graduation, Neumann served in the Austro Hungarian Army during World War II. After the war, he returned to his architecture studies, enrolling at the German Technical University in Brno. In 1922, Neumann returned to Vienna, where he attended Meisterschule fur Architektur of Vienna Akademie, studying under Peter Behrens. For the following 6 years, he worked at a number of architecture offices in Paris and Berlin with contemporaries including Auguste Perret. In 1928 and 1929, Neumann worked in Algiers, French Algeria. In February 1945, Neumann was deported from his home in Prague to the Nazi ghetto and concentration camp of Theresienstadt in the Protectorate of Bohemia and Moravia.

After WWII, Neumann returned to Brno. In the following years, he worked at the Provincial Study and Planning Institute of Czechoslovakia where he contributed to a number of projects in the country. In 1949, Neumann immigrated to Israel where his practice shifted towards the development of modular structures. Neumann served on the faculty and dean of the Israel Institute of Technology from 1952 to 1966. 1956, he published a pamphlet that called for architecture that better responded to human needs by reinventing systems of proportion and measurement and the design of buildings through the use of smaller modular subdivisions. During his tenure at the Israel Institute of Technology, Neumann worked with architect Zvi Hecker. In 1962, Neumann married a former student of his. Neumann died of lung cancer while teaching in Quebec as a visiting professor at the Université Laval

Emily Coleman

Emily Coleman was an American born writer, a lifelong compulsive diary keeper. She wrote a single novel, The Shutter of Snow, published under the name Emily Holmes Coleman; this novel, about a woman who spends time in a mental hospital after the birth of her baby, was based on Coleman's own experience of spending time in an insane asylum after contracting puerperal fever and suffering a nervous breakdown. The diaries she kept as an American expatriate in Paris in the 1920s and 1930s, in England in the 1940s through the 1960s, are valuable for chronicling her relationships with literary friends such as Djuna Barnes, who wrote much of her novel Nightwood while staying with Coleman and others at Peggy Guggenheim's country manor, Hayford Hall, she wrote about John Ferrar Holms, Antonia White, Dylan Thomas, Phyllis Jones, George Barker, Gay Taylor, a number of others. But Coleman's diaries and other writings are fascinating psychological revelations of her "passionate," "impatiently earnest" self on an anxious life quest.

Coleman was always striving for something in her diaries, for effectiveness as a writer, for a lucid mind, for passion in love, for a spiritual grace. On her thirty-first birthday in 1930, she reflected on the "conscious effect" of Dante's simple ending to the Inferno and Goethe's words on putting his life in order, comparing her efforts to write and to live with self-control. Coleman's "spiritual odyssey" led her to the Catholic church. In her "efforts to discover God" she struck up a correspondence and a personal acquaintance with French philosopher and theologian Jacques Maritain and his wife Raissa, she converted in 1944, all of her writing afterwards was focused on her Catholic faith, described as "mystical" and "fanatical." May 5, 1947: "But have I given Him my heart? There must be some holding back. Through long habit & because of native ego I am weak and unconsciously become of the devil's party by thinking of myself instead of Him." The Emily Holmes Coleman papers at Univ. of Delaware Works by or about Emily Coleman in libraries

Monsall Hospital

Monsall Hospital was a hospital in North Manchester, England. The facility was established as a fever hospital by the trustees of Manchester Royal Infirmary because of the insistence of John Leigh, the first Medical Officer of Health for Manchester. Robert Barnes donated the hospital was named the Barnes House of Recovery. Manchester City Council contributed £500; the total cost was £13,000. There was accommodation for 128 fever patients and room to separate patients suffering from different infections. In 1875 there were 843 admissions with smallpox. By 1895 more buildings had been erected and there were 350 beds; the hospital was sold to Manchester City Council in 1895 for £4,900. The council agreed to receive and treat any patients with infectious diseases, including Erysipelas, for the first four years it was agreed that the medical staff of the infirmary could instruct students in the fever wards, it became the Monsall Fever Hospital in 1897 and the Monsall Hospital for Infectious Diseases in 1925.

The City of Manchester Pathology Service was established on the site in the 1930s, serving Withington Hospital, Booth Hall Children's Hospital, Prestwich Hospital and Baguley Hospital. The facility joined the National Health Service in 1948 and became the Monsall Isolation Hospital in 1954 before being renamed Monsall Hospital in 1965, it closed in 1993. Barnes Hospital, Cheadle

Eastern Okraina

The Eastern Okraina was a local government that existed in the eastern part of Russia during the Russian Civil War. In 1919 White forces in Western Siberia were defeated by the Reds. On January 4, 1920, Supreme Ruler of Russia Alexander Kolchak issued an order transferring to ataman Grigory Semyonov "the whole civil and military power on the territory of Russia eastern outskirts". Based on this order, on January 16, 1920, Grigory Semyonov announced in Chita the creation of the "Government of the Russia eastern outskirts", with Sergey Taskin as its head. Semyonov's actions were supported by the commanders of Japanese troops in Siberia. On 6 April 1920, a hastily convened Constituent Assembly gathered at Verkhneudinsk and proclaimed the establishment of the Far Eastern Republic. On May 14, Japanese commanders agreed to talk with the Far Eastern Republic, on May 24 the negotiations began at Gongota Railway Station; the Japanese insisted that the Government of the Russia Eastern Outskirts should be an equal party during the negotiations for the creation of the united Far East government, but the Far Eastern Republic disagreed, negotiations were stopped.

On July 3, Japan issued a proclamation about evacuating Japanese troops from Siberia. Semyonov understood, he asked the Japanese government to delay the evacuation for four months, tried to talk with the Government of Zemstvo of Maritime Territory about merging, but unsuccessfully. On July 17, Japanese military officials in Siberia signed the Gongota Agreement of 1920 with representatives of the Far Eastern Republic; the Whites understood that they could not stop the Reds without Japanese support, began to retreat to the southeast, preparing to remove to China territory. Only small military forces still held Chita. In September a Provisional Eastern-Transbaikal Assembly was organized, Semyonov transferred to it the civil powers. At the same time military forces of the Far Eastern Republic, masked as independent groups of partisans, began to move to Chita. On October 15, Japanese troops left Chita, the Reds demanded the capitulation of the Whites' garrison; the Whites declined, the Reds began to advance on Chita on October 19.

On October 22, Chita was captured. On October 25, the government of the Far Eastern Republic moved to Chita. At the end of October the Provisional Eastern-Transbaikal Assembly during joint session with the Nerchinsk Regional Revolution Committee declared dissolution, three Far Eastern pro-Soviet governments joined in the united Far Eastern Republic