May 28

This is what has been called the "most famous case" in the history of English law: Ms. Noe took the brewer to court for drinking a mosquito in a beer. Pen "Fun" Pavilion www.biquge.info

The law firm asked me to defend myself in court.

I buried myself in sorting out the relevant information, communicated with Ms. Nok, and went to the restaurant to verify the situation. However, at that time, I still had no bottom in my heart. Who knows what the court will decide in the end, and will such a case change the history of English law?

Here's what happened: Ms. Noe went to a restaurant with a friend for lunch. The friend bought her a bottle of beer, which was opaque.

Ms. Noe poured half of the beer into her glass and then talked freely with her friends. After drinking the beer, she poured out the rest of the bottle, only to find that there was an incompletely rotted mosquito in the beer.

Ms. Noe usually hates mosquitoes the most. In the middle of summer, her physique is always the most provoking mosquitoes, which often makes her unguardable, and she always walks around various occasions during the day with a big red envelope, and it is very itchy. So as soon as she saw the mosquito and thought about the beer that had been drunk in her stomach, she immediately felt strange and became so anxious that she felt unwell, and she couldn't help but bow her head and began to vomit uncontrollably.

After that, Ms. Noe sued the manufacturer.

I followed the legal process with this case from the very beginning, and I never imagined that there would be a lot of disturbance and boiling all the way, and the major media followed the whole process, and we went all the way to the highest judicial organ in the United Kingdom, that is, the House of Lords.

Finally, Judge King held that "you must love your neighbor", a rule that has become a law that requires that you must not harm your neighbor.

I asked sharply, "Judge, is the question of 'who is my neighbor?' in the legal sense? How should this category be defined? Or what is the exact definition of a neighbor?"

Lord King said: "This question has a strict meaning. That is, you must take reasonable care to avoid an act or omission, and you must reasonably foresee that your actions may harm your neighbors. So, legally, the answer to the question, "Who is my neighbor?" is that some people are so intimately and directly affected by my actions that I should reasonably consider what will be the outcome of my actions when I intend to do or not do something.

The act of 'negligence' is never static and closed in the category of torts, but should be constantly evolving to include new content. The basic principle of this liability is that the defendant owes some kind of duty of care to the plaintiff. The plaintiff should prove that the defendant breached the duty of care and resulted in his damages. ”

As soon as I heard it, I immediately felt that my good time had come.

In the present case, an intersection of the two opposing legal principles was found.

Each principle wants to take precedence:

On the one hand, non-contractual parties cannot claim their own rights against the parties to the contract at any time, which is an established principle in contract law, which is called the "principle of contractual relevance".

On the other hand, if a negligent act results in damage, the victim has the right to file a lawsuit and obtain legal remedies.

This principle has also been established, which is a fundamental principle of tort law.

If there is a contractual relationship, then litigation of contractual disputes arises between the parties. However, even so, it cannot be ruled out that there is a competition between contract litigation and tort litigation at the same time.

I think it's a new legal liability. If in the end it is decided that we will win, then I will write a book. Come on, Artemisia Yanran, I am optimistic about your acumen and wisdom! At that time, I was analyzing like this, cheering for myself like this.

Indeed, in the end, the Full Court of the House of Lords upheld the plaintiff by a majority, finding that the manufacturer had a duty of reasonable care to ensure that its products did not cause damage to the final consumer!

So, I began to write the first word of my first legal treatise.

Because of the media's involvement in the discussion, I learned that most of the British jurists considered this case to be the "most famous case" in the history of English law.

Judging from the literature, this case is the source of "negligence" liability in the United Kingdom, the source of strict liability for "dangerous goods", and the source of "product liability".

Therefore, it is necessary to regulate the relevant responsibilities and obligations of this source from the provisions of national laws.

I shared my thoughts and ideas with Ms. Nuo, hoping for her understanding, support and help.

Unexpectedly, Ms. Nuo was so excited that she treated me like a guest.

She immediately decided to thank me and give me a big surprise.

Therefore, tonight's dinner is eaten in the luxurious courtyard of her house, or stayed, because the bustle of that courtyard is simply like a sea of people, and it is estimated that there must be at least a thousand guests. The whole courtyard is also full of peaks, the lawn is lined with a variety of sumptuous buffet food and wine, the heart-shaped swimming pool is also sprinkled with colorful petals, the clusters of shrubs and small trees are also inserted with neon lights and colorful decorations and balloons, and even the towering trees and walls around the castle are hung with stars and moons of various shapes.

That's when I learned about her royal roots. Really, I'm so weird, at least the famous BBC, can't she not know her royal ancestry, right? Why hasn't all the media not only followed her for more than a year, but none of them have ever made her royal ancestry public?

I was so surprised that I couldn't help but say, "Oh my God, you are so noble! No wonder as soon as we met, I thought you were very elegant and intellectual! But how could it be?

Ms. Nuo couldn't stop laughing, and said happily: "Lawyer Artemisia, your little girl is not only as beautiful as a fairy, but also so delicate and innocent! You know, the media is also meant to serve the royal family. A secret that is not allowed to be told is something that cannot be said. ”

Only then did I realize that I had accidentally squeezed into the circle of the top high society in Britain.

Yes, the stars shine for me tonight.

Everyone present praised me in front of Ms. Nuo.

Everyone who showed up gave me a business card or a warm invitation.

Every well-mannered gentleman threw a wink at me, and his eyes flashed with appreciation.

I learned that if I could write my book quickly, it would become a bestseller.

I would be a well-known figure in the UK legal profession both inside and outside of me.

Well, the dawn is ahead, Artemisia Yanran, you just need to immerse yourself in the creation of words now!