Court of Appeals No. 00CA2154
... performance of the satisfaction clause was based on an objective reasonable person standard. Contrary to defendant’s argument, the contract language does not unambiguously indicate that defendant reserved the right, subject only to its good faith, to determine whether a proposal was acceptable. ...
... performance of the satisfaction clause was based on an objective reasonable person standard. Contrary to defendant’s argument, the contract language does not unambiguously indicate that defendant reserved the right, subject only to its good faith, to determine whether a proposal was acceptable. ...
Recent Cases: Corporations. Assignability of Claim against
... claimed that the cause of action vested exclusively in Y corporation. The court assumed the conveyance amounted to an attempted assignment of this cause of action. Held, the cause of action was not assignable and remained in X corporation. Baker v. Allen, 197 N.E. 521 (Mass. 1935). When a cause of a ...
... claimed that the cause of action vested exclusively in Y corporation. The court assumed the conveyance amounted to an attempted assignment of this cause of action. Held, the cause of action was not assignable and remained in X corporation. Baker v. Allen, 197 N.E. 521 (Mass. 1935). When a cause of a ...
4. WHAT CAN YOU BE LIABLE FOR AND WHY? 4.1 Negligence 4.2
... All business relationships involve a mass of contracts. These can include contracts of employment, leases, buying stationery, and of course contracts for professional services. Failure to perform a contract can lead to an action for breach of contract. If successful, the outcome could be an award of ...
... All business relationships involve a mass of contracts. These can include contracts of employment, leases, buying stationery, and of course contracts for professional services. Failure to perform a contract can lead to an action for breach of contract. If successful, the outcome could be an award of ...
torts - NYU School of Law
... ii. Fletcher v. Rylands 159 Eng. Rep. 737 (Ex. 1865) (p. 104): (D not liable when his reservoir leaked and flooded P’s mines.) Court said holding D liable for injuries resulting from an action that is not intentional or negligent is contrary to legal principle, i.e., the duty of care required is not ...
... ii. Fletcher v. Rylands 159 Eng. Rep. 737 (Ex. 1865) (p. 104): (D not liable when his reservoir leaked and flooded P’s mines.) Court said holding D liable for injuries resulting from an action that is not intentional or negligent is contrary to legal principle, i.e., the duty of care required is not ...
Answer
... consent. The medical practitioner may have had the best of intentions, and performed the operation to improve the patient's health, but in doing so without consent would have committed a battery. The chapter also introduces a number of new legal terms that you will find described in the text materi ...
... consent. The medical practitioner may have had the best of intentions, and performed the operation to improve the patient's health, but in doing so without consent would have committed a battery. The chapter also introduces a number of new legal terms that you will find described in the text materi ...
Supreme Court of Canada Grand Trunk Pacific Coast Steamship Co
... from time to time in the course of executing what he has undertaken. The cases relied upon do not seem to me to touch the question. If the accident had arisen from something wilful on the part of respondent then one could hardly say that it had fallen within the scope of what in reason was within th ...
... from time to time in the course of executing what he has undertaken. The cases relied upon do not seem to me to touch the question. If the accident had arisen from something wilful on the part of respondent then one could hardly say that it had fallen within the scope of what in reason was within th ...
Small Claims Court Procedures
... A small claims case is a lawsuit brought for the recovery of money damages, civil penalties, personal property, or other relief allowed by law. The claim can be for no more than $10,000.00, excluding statutory interest and court costs but including attorney fees, if any. Small claims cases are gover ...
... A small claims case is a lawsuit brought for the recovery of money damages, civil penalties, personal property, or other relief allowed by law. The claim can be for no more than $10,000.00, excluding statutory interest and court costs but including attorney fees, if any. Small claims cases are gover ...
Levinson - NYU School of Law
... iii. But this doesn’t work in all cases, e.g. Lady Luck (can’t have gov’t indemnify you if their bridge goes down) c. Courts not equipped to make what are inherently legislative judgments i. Tort limited to compensated the most severely damaged ii. Regulation (ex ante) and legislation (ex post) can ...
... iii. But this doesn’t work in all cases, e.g. Lady Luck (can’t have gov’t indemnify you if their bridge goes down) c. Courts not equipped to make what are inherently legislative judgments i. Tort limited to compensated the most severely damaged ii. Regulation (ex ante) and legislation (ex post) can ...
notes95
... Generally see => Sharman v. Evans and Skelton v. Collins for past and future loss of expectation of life, subjective and ibjective components with a standardised sum for the objective. For past and future loss of amenities it is the same but for the objective it is minimal because of overlap wit ...
... Generally see => Sharman v. Evans and Skelton v. Collins for past and future loss of expectation of life, subjective and ibjective components with a standardised sum for the objective. For past and future loss of amenities it is the same but for the objective it is minimal because of overlap wit ...
Alexander Hamilton Jr
... scheduled trips as a member of the aforementioned team. I hereby covenant and agree to release and hold harmless the Elmsford Union Free School District and its contracted parties from and against any and all liability, loss, damages, claims, or actions (including costs and attorneys fees) for bodil ...
... scheduled trips as a member of the aforementioned team. I hereby covenant and agree to release and hold harmless the Elmsford Union Free School District and its contracted parties from and against any and all liability, loss, damages, claims, or actions (including costs and attorneys fees) for bodil ...
involve the public interest
... consideration, agrees to should a risk which the law would otherwise have placed upon the other party, the above circumstances pose a different situation. In this situation, the releasing party does not really acquiesce voluntarily in the contractual shifting of the risk, nor can we be reasonably ce ...
... consideration, agrees to should a risk which the law would otherwise have placed upon the other party, the above circumstances pose a different situation. In this situation, the releasing party does not really acquiesce voluntarily in the contractual shifting of the risk, nor can we be reasonably ce ...
TORTS(2) - Ole Miss LSSB
... b. Example – trespass to land – if enter land by mistake, still liable even if thought it was your land Insanity – not a defense in negligence or intentional tort actions a. Insane people are liable for their intentional actions (same rules as negligence) b. Policy reasons? Encourage those with in ...
... b. Example – trespass to land – if enter land by mistake, still liable even if thought it was your land Insanity – not a defense in negligence or intentional tort actions a. Insane people are liable for their intentional actions (same rules as negligence) b. Policy reasons? Encourage those with in ...
Chapter 15 - Sentencing and Corrections
... and conditions of sentence. 1. Suspended sentence – The sentence is given but does not have to be served, unless another crime is committed. ...
... and conditions of sentence. 1. Suspended sentence – The sentence is given but does not have to be served, unless another crime is committed. ...
CHAPTER 69B-215 AGENTS
... circulated, any estimate, circular, or statement misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promised thereby or the dividends or share of the surplus to be received thereon, or make any false or misleading statement as to the dividends or share of su ...
... circulated, any estimate, circular, or statement misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promised thereby or the dividends or share of the surplus to be received thereon, or make any false or misleading statement as to the dividends or share of su ...
Virginia Practice Series: Tort and Personal Injury Law
... are considered to be claims for "breach of contract," we discuss legal malpractice in our work on tort and personal injury law because they nevertheless involve a number of tort concepts and defenses). In Shevlin Smith v. McLaughlin, the Court held that an attorney cannot be held liable for failing ...
... are considered to be claims for "breach of contract," we discuss legal malpractice in our work on tort and personal injury law because they nevertheless involve a number of tort concepts and defenses). In Shevlin Smith v. McLaughlin, the Court held that an attorney cannot be held liable for failing ...
high-court-2005-108
... a party would cause a reasonable person to come to the conclusion that the party did not intend to or was unable to fulfill its contract. See Khatijabai Jiwa Hasham vs Zenab d/o Chandu Nansi [1960] EA. 7. My answer to the issue is therefore in the affirmative. From the foregoing I find the defendant ...
... a party would cause a reasonable person to come to the conclusion that the party did not intend to or was unable to fulfill its contract. See Khatijabai Jiwa Hasham vs Zenab d/o Chandu Nansi [1960] EA. 7. My answer to the issue is therefore in the affirmative. From the foregoing I find the defendant ...
Session 15: Product Safety: Liability and Regulation
... Products liability is a branch of the law of torts. The law of torts is common law that evolves through decisions made by judges on cases brought by private plaintiffs. Legal standards have evolved into a standard of strict liability. Under strict liability, the concept of fault is irrelevant – cour ...
... Products liability is a branch of the law of torts. The law of torts is common law that evolves through decisions made by judges on cases brought by private plaintiffs. Legal standards have evolved into a standard of strict liability. Under strict liability, the concept of fault is irrelevant – cour ...
LEGAL RESPONSIBILITIES
... ARE required to know and follow state laws that regulate their license or registration and set standards for their profession. ...
... ARE required to know and follow state laws that regulate their license or registration and set standards for their profession. ...
Specimen Complaint for Slander of Title – Tort Seeking Monetary
... (a) a motive of ill will toward him, or (b) An intent to interfere in an unprivileged manner with his interests; or (2) Whether either of these alternate bases, if not alone sufficient, would be made sufficient by being combined with a showing of negligence regarding the truth or falsity of the stat ...
... (a) a motive of ill will toward him, or (b) An intent to interfere in an unprivileged manner with his interests; or (2) Whether either of these alternate bases, if not alone sufficient, would be made sufficient by being combined with a showing of negligence regarding the truth or falsity of the stat ...
Damages - NYU School of Law
... better information (Summers v. Tice (Calif. 1948), shooting case) another approach: in a mass tort context, if there are multiple negligent defendants, and only one of them actually caused a particular plaintiff’s injury, the defendants will have to pay in proportion to their market share (concurren ...
... better information (Summers v. Tice (Calif. 1948), shooting case) another approach: in a mass tort context, if there are multiple negligent defendants, and only one of them actually caused a particular plaintiff’s injury, the defendants will have to pay in proportion to their market share (concurren ...
Ports and Terminals Liability Insurance
... What is a Port Authority? – A body (corporate or incorporate) which owns and/or runs the infrastructure of the Port:wharves, docks, quays, moorings terminal buildings and port equipment road/rail facilities within the installation ...
... What is a Port Authority? – A body (corporate or incorporate) which owns and/or runs the infrastructure of the Port:wharves, docks, quays, moorings terminal buildings and port equipment road/rail facilities within the installation ...
Y2K AND BEYOND -THE FUTURE OF LAW FOR PROFESSIONALS
... Economic downturn causes claims because those who can make profits on a rising market find that they cannot do so in a falling one. The Property Market Recession or economic downturn tends to affect the property market most dramatically since it is inherently unstable. One of the factors driving pre ...
... Economic downturn causes claims because those who can make profits on a rising market find that they cannot do so in a falling one. The Property Market Recession or economic downturn tends to affect the property market most dramatically since it is inherently unstable. One of the factors driving pre ...
Law-140-Torts-Sutherland-by-Plonka-brief-term-2
... subsequently is going to get hurt Negligent Misrepresentation: Hedley Byrne v. Heller: P phoned D asking about X’s credit. D about to close major deals w/ X, lied with waiver. P relied, X bankrupt, P sued. Relationship between the parties was “sufficiently proximate”, D knew P would rely, BUT D okay ...
... subsequently is going to get hurt Negligent Misrepresentation: Hedley Byrne v. Heller: P phoned D asking about X’s credit. D about to close major deals w/ X, lied with waiver. P relied, X bankrupt, P sued. Relationship between the parties was “sufficiently proximate”, D knew P would rely, BUT D okay ...