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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: house of lords Year: 1963 Page 1 of about 4 results (0.031 seconds)

Jun 27 1963 (FN)

Williams (A.P.) Vs. Williams (A.P.)

Court : House of Lords

Decided on : Jun-27-1963

..... both parties the freedom to remake their lives. there was, i think, a deliberate omission of the word guilty in section 2 of the 1937 act (now section 1 of the 1950 act). the new section was breaking away from the old idea of insistence on a matrimonial offence in that it was adding incurable insanity as ..... in the same case my noble and learned friend,lord reid, said: i do not intend to try to define cruelty. i doubt whether any definition would apply equally well to cases where there has been physical violence and to cases of nagging, or to cases where there has been a deliberate ..... side or the other will be familiar with the bitterness aroused and the resentment felt at the accusation in nearly every case. when considering the degree of insanity which must be established in order to furnish an answer to the accusation there are no doubt great difficulties. the so-called m' ..... they would not be sufficiently grave and weighty to amount to cruelty: but it is not essential. the next possibility is that there must be some degree of mens rea, that at least the respondent must be blameworthy for what he did and that requires careful consideration. but opinions have been expressed ..... and powerful criticism for nearly a hundred years, but their strict application would lead to capricious results. it appears to be the general opinion of medical men, who at least have a better understanding of insanity than lawyers, that there are types of insanity not within the rules whichdeprive the insane .....

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Jun 27 1963 (FN)

Collins (A.P.) Vs. Collins (A.P.)

Court : House of Lords

Decided on : Jun-27-1963

..... the individuals, judges the conduct by its probable consequences, and thus decides the question of fact and degree whether this conduct between these spouses was cruel. it is impossible to give a comprehensive definition of cruelty, but when reprehensible conduct or departure from the normal standards of conjugal kindness causes injury to ..... either by the husband or the wife on the ground of adultery or cruelty or desertion without cause for two years and upwards (section 16). the matrimonial causes act, 1937, first empowered the court to grant a decree of dissolution on the ground that the respondent has since the celebration of ..... court's objective consideration took account of the particular individuals concerned and the particular circumstances of each case. in kelly v. kelly [1879] l.r. 2 p. and d. 59, which lord merriman described as the leading case in england on the subject of cruelty without physical violence (in jamieson v. ..... real or sustained effort to repair his financial situation ; but on the contrary has involved his wife in his financial affairs to her detriment. (2) that since 1957 the husband, in spite of his wife's pleas for him to do so, has persistently and wilfully refused to undertake paid ..... real or sustained effort to repair his financial situation; but on the contrary has involved his wife in his financial affairs to her detriment; (2) that since 1957 the husband, in spite of his wife's pleas for him to do so, has persistently and wilfully refused to undertake .....

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May 28 1963 (FN)

Hedley Byrne and Company Limited Vs. Heller and Partners Limited

Court : House of Lords

Decided on : May-28-1963

..... they only responded to the inquiry on the basis that their reply was without responsibility. if the enquirers chose to receive and act upon the reply they cannot disregard the definite terms upon which it was given. they cannot accept a reply given with a stipulation and then reject the stipulation. further-more ..... another obvious difference is that a negligently-made article will only cause one accident and so it is not very difficult to find the necessary degree of proximity or neighbourhood between the negligent manufacturer and the person injured. but words can be broadcast with or without the consent or the ..... quite apart from their general disclaimer. furthermore, the pursuer never saw the reference; he was given only what the lord justice-clerk at page 1916 s.c. 58 described as a gloss of it. this makes the connection between the pursuer and the defendants far too remote to constitute a ..... contract there may be circumstances in which a duty to exercise care will arise if a service is voluntarily undertaken. a medical man may unexpectedly come across an unconscious man, who is a complete stranger to him, and who is in urgent need of skilled attention: if ..... conversation which both parties agree is accurate: heller and partners, ltd. minute of telephone conversation. call from national provincial bank ltd., 15 bishopsgate, e.c.2. 18.8.58. person called: l. heller, re easipower, ltd. they wanted to know in confidence, and without responsibility on our part, the respectability and .....

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May 27 1963 (FN)

Shepherd Vs. H. West and Son Ltd. and Another

Court : House of Lords

Decided on : May-27-1963

..... the majority in wise v. kaye. the case raises a fundamental question on the nature of damages for personal injury. there must be compensation for medical expenses incurred and for loss of earnings during recovery ; these are easily quantified, whether as special or as general damage. then there is compensation for ..... of the underlying brain. following the operation her level of consciousness lightened somewhat but she did not regain full consciousness. later investigations suggested a marked degree of cerebral atrophy on the right side of the brain: there was asymmetry between the two hemispheres and a diffuse abnormality such as is often seen ..... difficulty arises because she cannot express whatever it is that may be in her mind; she cannot speak or make herself understood. it was the act of the defendant that destroyed these faculties: omnia praesumuntur contra spoliatorem. but as i have reason to believe that the majority of your lordships intend ..... lord roche at page 860 stressed the importance of the objective element being assessed at a moderate figure. in mills v. stanway coaches ltd. [1940] 2 k.b. 334 goddard, l.j. said at page 348 that the court should think in hundreds and not in thousands. just how moderate the ..... and because she was cared for by the state there was no claim for the cost of nursing her and keeping her alive. amounts of 2,000 and 400 were allocated respectively to loss of future earnings and loss of expectation of life. the difference of opinion in the court of .....

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