hiv-specific knowing transmission statutes: a proposal to help fight
... referred to the Codes Committees, establishes the crime of reckless endangerment of the public health in the first and second degree: Section 120.26: Reckless Endangerment Of The Public Health In The First Degree. A person is guilty of reckless endangerment of the public health in the first degree w ...
... referred to the Codes Committees, establishes the crime of reckless endangerment of the public health in the first and second degree: Section 120.26: Reckless Endangerment Of The Public Health In The First Degree. A person is guilty of reckless endangerment of the public health in the first degree w ...
Last Stand? The Criminal Responsibility of War Veterans Returning
... Military training and combat, of course, encourage violent and aggressive behavior. 83 However, such behavior off the battlefield, if unjustified, can result in the individual running afoul of the criminal justice system and lead to the imposition of criminal sanctions. 84 At least some of this crim ...
... Military training and combat, of course, encourage violent and aggressive behavior. 83 However, such behavior off the battlefield, if unjustified, can result in the individual running afoul of the criminal justice system and lead to the imposition of criminal sanctions. 84 At least some of this crim ...
Recovering Pre-contractual Expenditures as an
... erning the award of damages for breach of contract. Part III will set forth the argument for allowing recovery of pre-contractual expenditures as an element of reliance damages awards. Part IV will review the British 1. See, e.g., 5 ARTHUR CORBIN, CORBIN ON CoNTRicrs § 1034 (1950) ("It is to be obse ...
... erning the award of damages for breach of contract. Part III will set forth the argument for allowing recovery of pre-contractual expenditures as an element of reliance damages awards. Part IV will review the British 1. See, e.g., 5 ARTHUR CORBIN, CORBIN ON CoNTRicrs § 1034 (1950) ("It is to be obse ...
The Waiver of Consequential Damages in the A201
... damages will only be available as compensation for a breach of contract if they were within the reasonable contemplation of both parties at the time they entered into the contract. ...
... damages will only be available as compensation for a breach of contract if they were within the reasonable contemplation of both parties at the time they entered into the contract. ...
Contract_Assignment_..
... an instantaneous means of communication, then the general rule applies that acceptance becomes effective only when it is received by the offeror. This can be seen from Entores Ltd v. Miles Far East Corporation where an offer was telexed by the plaintiffs in London to the Defendants in Amsterdam, and ...
... an instantaneous means of communication, then the general rule applies that acceptance becomes effective only when it is received by the offeror. This can be seen from Entores Ltd v. Miles Far East Corporation where an offer was telexed by the plaintiffs in London to the Defendants in Amsterdam, and ...
Contracts Summary
... imperfect vehicle to convey thoughts or intentions of parties. K’s are victims of ambiguous, incomplete drafting. Courts must resort to rules of interpretation to get at what the parties really mean Both CL and CV have means of interpretation. They are largely guidelines and include: o Art 1425-14 ...
... imperfect vehicle to convey thoughts or intentions of parties. K’s are victims of ambiguous, incomplete drafting. Courts must resort to rules of interpretation to get at what the parties really mean Both CL and CV have means of interpretation. They are largely guidelines and include: o Art 1425-14 ...
So Your Client Wants to be an Additional Insured
... Professional liability insurance gives design professionals financial protection in the event their negligent professional acts, errors or omissions damage clients or third parties such as building tenants or contractors. In other words, it is designed solely to compensate injured people other than ...
... Professional liability insurance gives design professionals financial protection in the event their negligent professional acts, errors or omissions damage clients or third parties such as building tenants or contractors. In other words, it is designed solely to compensate injured people other than ...
Consideration - 2012 Book Archive
... Aspen, 1973), 46. In short, “courts do not inquire into the adequacy of consideration.” Of course, normally, parties to contracts will not make such a one-sided deal as Scrooge and Caspar’s. But there is a common class of contracts in which nominal consideration—usually one dollar—is recited in prin ...
... Aspen, 1973), 46. In short, “courts do not inquire into the adequacy of consideration.” Of course, normally, parties to contracts will not make such a one-sided deal as Scrooge and Caspar’s. But there is a common class of contracts in which nominal consideration—usually one dollar—is recited in prin ...
recaption of chattels: the use of force against the person
... available rights, which may include recaption, respecting goods which have been wrongfully removed or interfered with. This is not because recaption protects ownership however; it is because it is the right of immediate possession, whether deriving from ownership or some other source, which is prote ...
... available rights, which may include recaption, respecting goods which have been wrongfully removed or interfered with. This is not because recaption protects ownership however; it is because it is the right of immediate possession, whether deriving from ownership or some other source, which is prote ...
Base Macro - Brooklyn Law School
... person would find hostile or abusive;”40 and (2) the complainant must “subjectively perceive the environment to be abusive.”41 The Court additionally held that psychological injury to the employee is relevant but not necessary to show that the environment was abusive to the complainant. 42 Instead o ...
... person would find hostile or abusive;”40 and (2) the complainant must “subjectively perceive the environment to be abusive.”41 The Court additionally held that psychological injury to the employee is relevant but not necessary to show that the environment was abusive to the complainant. 42 Instead o ...
Presentence Custody Credits - Central California Appellate Program
... routinely check presentence custody credits when cases are reviewed and you do not want the court to find a mistake that you did not find, especially one that is an adverse consequence for your client and results in a loss of credit. The article begins with a brief introduction about presentence cus ...
... routinely check presentence custody credits when cases are reviewed and you do not want the court to find a mistake that you did not find, especially one that is an adverse consequence for your client and results in a loss of credit. The article begins with a brief introduction about presentence cus ...
1.04 Understand legal and ethical issues of the healthcare
... Choice of providers Access to emergency services Participation in treatment decisions Respect and nondiscrimination Confidentiality of health information Complaints and appeals 1.04 Understand legal and ethical issues ...
... Choice of providers Access to emergency services Participation in treatment decisions Respect and nondiscrimination Confidentiality of health information Complaints and appeals 1.04 Understand legal and ethical issues ...
Just Say No Excuse: The Rise and Fall of the Intoxication Defense
... changing substantive ideals ofjustice. In most of the nineteenth century, the classical school of criminology prevailed. The classical model was based on the premise of a social contract through which people surrendered liberties to the state in exchange for protection from criminals and wrongdoers. ...
... changing substantive ideals ofjustice. In most of the nineteenth century, the classical school of criminology prevailed. The classical model was based on the premise of a social contract through which people surrendered liberties to the state in exchange for protection from criminals and wrongdoers. ...
Consequential Damages for Commercial Loss
... 1979); Turner v. Benson, 672 S.W.2d 752, 754-55 (Tenn. 1984); Beck v. Farmers Ins. Exch., 701 P.2d 795, 801 (Utah 1985). 27. Several courts have stated that consequential damages may be recovered even though their occurrence was less than a probable result of breach. See, eg., Caspe v. Aaacon Auto T ...
... 1979); Turner v. Benson, 672 S.W.2d 752, 754-55 (Tenn. 1984); Beck v. Farmers Ins. Exch., 701 P.2d 795, 801 (Utah 1985). 27. Several courts have stated that consequential damages may be recovered even though their occurrence was less than a probable result of breach. See, eg., Caspe v. Aaacon Auto T ...
S225-10-12
... These instructions do not claim to cover all details or variations in the equipment, procedure, or process described, nor to provide directions for meeting every possible contingency during installation, operation or maintenance. When additional information is desired to satisfy a problem not covere ...
... These instructions do not claim to cover all details or variations in the equipment, procedure, or process described, nor to provide directions for meeting every possible contingency during installation, operation or maintenance. When additional information is desired to satisfy a problem not covere ...
Vo n ·ary in oxica·o an t e·ns nity defense
... affects responsibility in the same way as insanity produced by any other cause. But it must be 'settled insanity,' and not merely a temporary mental condition produced by recent use of intoxicating liquor" (pp. 239-240, italics mine). People v. Fellows9 expanded and refined the definition: "If one, ...
... affects responsibility in the same way as insanity produced by any other cause. But it must be 'settled insanity,' and not merely a temporary mental condition produced by recent use of intoxicating liquor" (pp. 239-240, italics mine). People v. Fellows9 expanded and refined the definition: "If one, ...
Topic-Breach of Contract and its remedies
... can be claimed as of right by the innocent party. The object of damages is usually to put the injured party into the same financial position he would have been in had the contract been properly performed. Sometimes damages are not an adequate remedy and this is where the equitable remedies (such as ...
... can be claimed as of right by the innocent party. The object of damages is usually to put the injured party into the same financial position he would have been in had the contract been properly performed. Sometimes damages are not an adequate remedy and this is where the equitable remedies (such as ...
Suire v. Lafayette City-Parish Consolidated Government and
... the latter Party was later released through unopposed summary judgment. His theories of recovery included negligence and strict liability, absolute liability, trespass, res ipsa loquitur, breach of contract, expropriation, and detrimental reliance.' 0 The parties fought a battle of motions for summa ...
... the latter Party was later released through unopposed summary judgment. His theories of recovery included negligence and strict liability, absolute liability, trespass, res ipsa loquitur, breach of contract, expropriation, and detrimental reliance.' 0 The parties fought a battle of motions for summa ...
STAT REV Crim Proc Code Chapter 45
... (c) A complaint filed in municipal court must allege that the offense was committed in the territorial limits of the municipality in which the complaint is made. (d) A complaint may be sworn to before any officer authorized to administer oaths. (e) A complaint in municipal court may be sworn to bef ...
... (c) A complaint filed in municipal court must allege that the offense was committed in the territorial limits of the municipality in which the complaint is made. (d) A complaint may be sworn to before any officer authorized to administer oaths. (e) A complaint in municipal court may be sworn to bef ...
The Personal Liabilities of Insolvency Practitioners under Insolvency
... reorganizational purposes. The emphasis in this paper is on commercial, not consumer estates, but encompassing personal as well as corporate debtors. ‘Personal liability’ is used in this study to mean liability imposed under general principles of the common law in Canada, England and the US, or by s ...
... reorganizational purposes. The emphasis in this paper is on commercial, not consumer estates, but encompassing personal as well as corporate debtors. ‘Personal liability’ is used in this study to mean liability imposed under general principles of the common law in Canada, England and the US, or by s ...
Introduction - ePublications@bond
... or her mind to the possibility that there might have been no legal obligation to pay; or to one who would not have paid had he or she known that there was no legal obligation to pay. Where the payment is paid as a result of a compromise, no doubt recovery should be denied if subsequently it transpir ...
... or her mind to the possibility that there might have been no legal obligation to pay; or to one who would not have paid had he or she known that there was no legal obligation to pay. Where the payment is paid as a result of a compromise, no doubt recovery should be denied if subsequently it transpir ...
Contracts Defenses
... mills to have extra crankshafts on hand, how would this circumstance have affected the court’s ruling? ...
... mills to have extra crankshafts on hand, how would this circumstance have affected the court’s ruling? ...
February - New York State Board of Law Examiners
... shoes, because he indicated he would pick them up within a week, and therefore Ana cannot reasonably rely on any defenses that Sal intended to abandon the shoes. In this case, because Ana breached her duty to protect the conforming goods until Sal was able to pick them up within a week, Feet Co. is ...
... shoes, because he indicated he would pick them up within a week, and therefore Ana cannot reasonably rely on any defenses that Sal intended to abandon the shoes. In this case, because Ana breached her duty to protect the conforming goods until Sal was able to pick them up within a week, Feet Co. is ...
Offer and Acceptance Review
... Held: Where there was no possibility of imputing a promise to pay on the part of the parties/defendant (plaintiff, at this point), court granted recovery in an action for money had and received. Comments: Case heard by Lord Mansfield & gave rise to expression ‘quasi-contract’ The analysis was ac ...
... Held: Where there was no possibility of imputing a promise to pay on the part of the parties/defendant (plaintiff, at this point), court granted recovery in an action for money had and received. Comments: Case heard by Lord Mansfield & gave rise to expression ‘quasi-contract’ The analysis was ac ...