ON 26 AUGUST 1846, the UK Parliament passed the Fatal Accidents Act 1846, also known as Lord Campbell’s Act.
Close relatives of a person killed by the wrongdoing of another were entitled by this Act to recover damages that the common law did not previously allow. The provision has been legislated in common law jurisdictions around the world. The Compensation to Relatives Act 1897 (NSW) introduced similar provisions in New South Wales.
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ON 21 DECEMBER 1843, the NSW Insolvency Act 1843 abolished imprisonment for debt.
http://www.austlii.edu.au/au/legis/nsw/num_act/ia1843n22176
Sydney, Australia
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ON 19 JUNE 1843, the House of Lords delivered M’Naughten’s case.
The accused was found not guilty on the grounds of insanity. The decision set out the common law principles to be applied when making a defence of insanity.
http://www.bailii.org/uk/cases/UKHL/1843/J16.html
Sydney, Australia
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ON THIS DAY in 1840, the Treaty of Waitangi was entered into between Great Britain and the Maori chiefs of the New Zealand North Island.
http://www.nzhistory.net.nz/politics/treaty/read-the-treaty/english-text
ON 23 NOVEMBER 1837, the Court of the Exchequer delivered Priestley v Fowler (1837) 3 Mees & Wels. 1, which introduced the doctrine of the defence of common employment (also known as the fellow servant rule) which protected an employer from being liable for injuries caused by one employee to another in the course of their employment.
The defence has since been abolished by law reform legislation.
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ON THIS DAY in 1835, the Supreme Court of NSW delivered Smith v Kemp [1835] NSWSupC 23. A physician could not recover fees for his services because he had “clothed himself with the character of a physician” and was a gentleman “above pecuniary consideration”. This rule did not apply to surgeons.
http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWSupC/1835/23.html
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ON 4 APRIL 1834, the Supreme Court of NSW delivered Smithers v Hughes [1834] NSWSupC 38 (4 April 1834).
The court considered a transaction in which a quantity of beer formed part of the consideration to purchase two farms. The case raises issues regarding the enforceability of agreements regarding the sale of land that are not reduced to writing as is required under the Statute of Frauds.
http://www.austlii.edu.au/au/cases/nsw/NSWSupC/1834/38.html
Sydney, Australia
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ON 28 AUGUST 1833, the UK Parliament passed the Slavery Abolition Act 1833.
http://www.legislation.gov.uk/ukpga/Will4/3-4/73/contents
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ON 22 OCTOBER 1832, John Plunkett was appointed Solicitor General of New South Wales.
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