102527 - Kansas Judicial Branch
... We are not persuaded by Cummings' argument. As noted above, the State was not required to establish that Cummings knew harm or injury to K.H. could result from her actions in order to prove Cummings was guilty of endangering a child in violation of K.S.A. 21-3608(a). In other words, there was no nee ...
... We are not persuaded by Cummings' argument. As noted above, the State was not required to establish that Cummings knew harm or injury to K.H. could result from her actions in order to prove Cummings was guilty of endangering a child in violation of K.S.A. 21-3608(a). In other words, there was no nee ...
Steel Slag Aggregate Size Price per ton Sales Representative: Paul
... and demands for loss of or damage to property, or injury or death to persons, including, without limitation, employees, officers, and agents of each when such loss, damage injury or death results from the sole negligence of the other. The Buyer and Seller agree that if any loss, damage and/or liabil ...
... and demands for loss of or damage to property, or injury or death to persons, including, without limitation, employees, officers, and agents of each when such loss, damage injury or death results from the sole negligence of the other. The Buyer and Seller agree that if any loss, damage and/or liabil ...
3 - Supreme Court of Canada
... from the customer for this coal, but refused to pay the plaintiff, on the ground that the defendant had contracted to buy the coal from P as principal and that there was no privity of contract between the two companies. In its action to obtain payment from the defendant, the plaintiff contended that ...
... from the customer for this coal, but refused to pay the plaintiff, on the ground that the defendant had contracted to buy the coal from P as principal and that there was no privity of contract between the two companies. In its action to obtain payment from the defendant, the plaintiff contended that ...
7-2 Mistakes, Misrepresentation, and Fraud
... A statement is material if it causes a reasonable person to want to contract. A statement can be material if a defendant knew the plaintiff would rely on it. A statement is material when the defendant knows that the statement is false. ...
... A statement is material if it causes a reasonable person to want to contract. A statement can be material if a defendant knew the plaintiff would rely on it. A statement is material when the defendant knows that the statement is false. ...
3010 EMPLOYMENT LAW - U of L Class Index
... week. If the employee becomes legally blind, the employer can show that it is a BFOR that a higher level of vision is required for the job than that possessed by the employee. That is, the requirement of a certain level of vision is required of the employee for reasons of safety and efficiency. For ...
... week. If the employee becomes legally blind, the employer can show that it is a BFOR that a higher level of vision is required for the job than that possessed by the employee. That is, the requirement of a certain level of vision is required of the employee for reasons of safety and efficiency. For ...
Criminal Law
... -Judges do it because politicians can’t be trusted to do what the public wants them to do all the time. In particular, repealing legislation is very hard to do by politicians (who is going to repeal a law on adultery, how will that play in a campaign) -The risk here might be under-punishment, but is ...
... -Judges do it because politicians can’t be trusted to do what the public wants them to do all the time. In particular, repealing legislation is very hard to do by politicians (who is going to repeal a law on adultery, how will that play in a campaign) -The risk here might be under-punishment, but is ...
Unit 30
... Where policeman lawfully arrests under valid warrant, not FI &, provided only reasonable force used, not battery; Where assault/ battery occurs in course of self-defence, force used must be reasonable & proportionate to that from (or threatened by) claimant & only justified in self-defence & not whe ...
... Where policeman lawfully arrests under valid warrant, not FI &, provided only reasonable force used, not battery; Where assault/ battery occurs in course of self-defence, force used must be reasonable & proportionate to that from (or threatened by) claimant & only justified in self-defence & not whe ...
Courts Reluctance to Interfere with Commercial Bargains
... Interestingly, the Judge also had regard to Watford Electronics’ own standard terms of business which included a restriction of liability which was pretty much identical to the one contained in Sanderson’s terms and which showed that Watford Electronics was well aware of the commercial consideration ...
... Interestingly, the Judge also had regard to Watford Electronics’ own standard terms of business which included a restriction of liability which was pretty much identical to the one contained in Sanderson’s terms and which showed that Watford Electronics was well aware of the commercial consideration ...
Counterfeits and infringements online
... US Second Circuit Court of Appeals applied an analysis to establish the extent to which an online platform has actual or constructive knowledge of infringements or is operating under the guise of ‘wilful blindness’. The appeals court decided that eBay should not be held liable for infringing activit ...
... US Second Circuit Court of Appeals applied an analysis to establish the extent to which an online platform has actual or constructive knowledge of infringements or is operating under the guise of ‘wilful blindness’. The appeals court decided that eBay should not be held liable for infringing activit ...
Nantahala Rafting Waiver
... other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, guide decision making, including that a guide may misjudge terrain, weather, trail or river route location, and water level, risks of falling out of or drowning while in a raft, canoe, o ...
... other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, guide decision making, including that a guide may misjudge terrain, weather, trail or river route location, and water level, risks of falling out of or drowning while in a raft, canoe, o ...
The Changing Role of University Computing Centres
... Limitation on Right to Privacy The University reserves the right to exercise control over all activities employing its computer facilities, including examining the content of users’ data, such as e-mail, where that is necessary (a) for the proper regulation of the University’s facilities; (b) ...
... Limitation on Right to Privacy The University reserves the right to exercise control over all activities employing its computer facilities, including examining the content of users’ data, such as e-mail, where that is necessary (a) for the proper regulation of the University’s facilities; (b) ...
MAIN CLASSES - The Great Salt Lake Truck Show
... cause on the premises of the show. I expressly release the management from any liability for such loss or injury and agree to provide and pay for my own insurance. NOTE: You may be asked to certify your eligibility for your classes and mileage. NOTE: The Great Salt Lake Truck Show has the right to u ...
... cause on the premises of the show. I expressly release the management from any liability for such loss or injury and agree to provide and pay for my own insurance. NOTE: You may be asked to certify your eligibility for your classes and mileage. NOTE: The Great Salt Lake Truck Show has the right to u ...
torts - NYU School of Law
... b. Facts: D cut thorns on his property, & they fell against his will onto P’s property, so D went there & took em back, though walked on P’s crops. c. Held: Doin lawful act that causes injury makes U liable, as fault (wrongful intent or neg) isn’t required for trespass – only intentional injuries ar ...
... b. Facts: D cut thorns on his property, & they fell against his will onto P’s property, so D went there & took em back, though walked on P’s crops. c. Held: Doin lawful act that causes injury makes U liable, as fault (wrongful intent or neg) isn’t required for trespass – only intentional injuries ar ...
The Legal Concept of Insanity and the Treatment of Criminal Impulses
... 1. It covers only psychoses with delusional symptoms-especially paranoia. Hence no extension of the rule to other mental disorders is permissible. 2. It ignores the previous Hadfield case. Hadfield knew the nature and quality of the act-and that it was wrong-yet his delusional disorder was held suff ...
... 1. It covers only psychoses with delusional symptoms-especially paranoia. Hence no extension of the rule to other mental disorders is permissible. 2. It ignores the previous Hadfield case. Hadfield knew the nature and quality of the act-and that it was wrong-yet his delusional disorder was held suff ...
Litigation: What is a Willful Breach of Contract?
... that plaintiff could not have been held liable for significant consequential damages if the roles had been reversed and it had been the breaching party. Accordingly, the Court found that it would make no sense to interpret the limitation on liability clause to “eliminate any semblance of reciprocity ...
... that plaintiff could not have been held liable for significant consequential damages if the roles had been reversed and it had been the breaching party. Accordingly, the Court found that it would make no sense to interpret the limitation on liability clause to “eliminate any semblance of reciprocity ...
Export to Word - Botswana e-Laws
... intention to wound or to harm and there appears to me to be no evidence of an intention to wound. I do not think it would be reasonable to find that the appellant deliberately cut off the respondent's water to cause him harm. If it was an aquilian action, i.e. based on negligence, a court could only ...
... intention to wound or to harm and there appears to me to be no evidence of an intention to wound. I do not think it would be reasonable to find that the appellant deliberately cut off the respondent's water to cause him harm. If it was an aquilian action, i.e. based on negligence, a court could only ...
Translation and Interpretation Issues in International Dispute
... knowledge) because one cannot know how good a job the lawgiver did in making them, and because they have subsequently been subject to change by “people who care nothing for the truth, but only for the shape of their mouths.” 1 Likewise, lawyers must often face a contrast between an ideal vision of “ ...
... knowledge) because one cannot know how good a job the lawgiver did in making them, and because they have subsequently been subject to change by “people who care nothing for the truth, but only for the shape of their mouths.” 1 Likewise, lawyers must often face a contrast between an ideal vision of “ ...
Discipline and Discharge
... Did the grievant engage in the misconduct of which he/she was accused? • Burden of proof on the employer • Has the employer shown, by whatever evidentiary standard the arbitrator chooses to employ, that the grievant “did it.” – Preponderance of the evidence (51%) – Clear and convincing evidence (ap ...
... Did the grievant engage in the misconduct of which he/she was accused? • Burden of proof on the employer • Has the employer shown, by whatever evidentiary standard the arbitrator chooses to employ, that the grievant “did it.” – Preponderance of the evidence (51%) – Clear and convincing evidence (ap ...
diversion - Disability Rights California
... If the performance of the consumer is satisfactory during the period of diversion, the criminal charges will be dismissed. Advocacy support has been key to the development and implementation of many diversion programs. Keeping consumers out of jail and other dangerous places is part of our job! For ...
... If the performance of the consumer is satisfactory during the period of diversion, the criminal charges will be dismissed. Advocacy support has been key to the development and implementation of many diversion programs. Keeping consumers out of jail and other dangerous places is part of our job! For ...
indirect and consequential loss clauses und er swiss law
... point für assessingdamages für breach of contract (in the absence of specific contractual provisions) under English law is as set out in the nineteenth century case of Hadicy v. BaxendaleI3which still remains law. When assessing damages für breach of contract, the courts must draw a line between wha ...
... point für assessingdamages für breach of contract (in the absence of specific contractual provisions) under English law is as set out in the nineteenth century case of Hadicy v. BaxendaleI3which still remains law. When assessing damages für breach of contract, the courts must draw a line between wha ...
FOWX v. THE STATE OF NEW YORK, #2008-029
... Chang, 227 AD2d 542 [2d Dept 1996]). According to claimant’s testimony, which the court accepts, he was injured while successfully preventing himself from falling from the ladder. Such a scenario is sufficient for liability to attach under the strict liability imposed by the statute. It is settled t ...
... Chang, 227 AD2d 542 [2d Dept 1996]). According to claimant’s testimony, which the court accepts, he was injured while successfully preventing himself from falling from the ladder. Such a scenario is sufficient for liability to attach under the strict liability imposed by the statute. It is settled t ...
construction liability claims: are you covered?
... “bodily injury” or “property damage” for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: 1) that the insured would have in the absence of contact or agreement; or 2) Assumed in ...
... “bodily injury” or “property damage” for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: 1) that the insured would have in the absence of contact or agreement; or 2) Assumed in ...
MPANDE NCHIMUNYA v STEPHEN HIBWANI MICHELO (1997
... A cause of action is disclosed only when a factual situation is alleged which contains facts upon which a party can attach liability to the other or upon which he can establish a right or entitlement to a judgement in his favour against the other". That was a case in which a counter-claim did not di ...
... A cause of action is disclosed only when a factual situation is alleged which contains facts upon which a party can attach liability to the other or upon which he can establish a right or entitlement to a judgement in his favour against the other". That was a case in which a counter-claim did not di ...
preamended - Colorado General Assembly
... Issuing a warrant for failure to pay money or to appear when ordered to pay money unless the existing procedural provisions are followed. The bill specifies what undue hardship means and lists items a court shall consider in determining undue hardship. It provides that there is a rebuttable presumpt ...
... Issuing a warrant for failure to pay money or to appear when ordered to pay money unless the existing procedural provisions are followed. The bill specifies what undue hardship means and lists items a court shall consider in determining undue hardship. It provides that there is a rebuttable presumpt ...