Torts and Damages
... We all have a duty to act reasonably in certain situations (driving, public gatherings, professional relationships, manufacturing and selling) Duty must be based on a specific act- can’t sue for “general unreasonableness” Arch/Engr has no duty to contractor, can’t sue for tort (in general) except fo ...
... We all have a duty to act reasonably in certain situations (driving, public gatherings, professional relationships, manufacturing and selling) Duty must be based on a specific act- can’t sue for “general unreasonableness” Arch/Engr has no duty to contractor, can’t sue for tort (in general) except fo ...
Self-Defense by Force Threatening Death or
... 2. Intent: π must show that intended to cause a touch – (intent to do harm or malice are not necessary) OR that π was substantially certain that a touch would occur from his act. a. Consent: π must not have consented to the touch. 3. Harmful or Offensive Touching: must have inflicted a harmful o ...
... 2. Intent: π must show that intended to cause a touch – (intent to do harm or malice are not necessary) OR that π was substantially certain that a touch would occur from his act. a. Consent: π must not have consented to the touch. 3. Harmful or Offensive Touching: must have inflicted a harmful o ...
Torts and Damages
... Intent is to make people pay for injuries resulting from their unreasonable acts Our text uses four categories of tort Negligence Intentional tort/ Fraud Strict liability Deceptive practices ...
... Intent is to make people pay for injuries resulting from their unreasonable acts Our text uses four categories of tort Negligence Intentional tort/ Fraud Strict liability Deceptive practices ...
Intentional Torts – Chapter 2 - Amazon Simple Storage Service (S3)
... Privacy: Right to be secure in your house, land, etc.; right to use and enjoyment of your property; right to security of person; right to reputation. The problem is privacy means different things to different people in different contexts. Existing Torts: Trespass to land; Nuisance: reasonable use an ...
... Privacy: Right to be secure in your house, land, etc.; right to use and enjoyment of your property; right to security of person; right to reputation. The problem is privacy means different things to different people in different contexts. Existing Torts: Trespass to land; Nuisance: reasonable use an ...
Goldberg
... 1. It might take several actors to create the injury, each not necessarily liable. ..............16 2. Even if each act a proximate cause, apportionment must be worked out. ..................16 3. Each factor in concurrent causation must be sufficient -- Aldridge v. Goodyear Tire & Rubber .......... ...
... 1. It might take several actors to create the injury, each not necessarily liable. ..............16 2. Even if each act a proximate cause, apportionment must be worked out. ..................16 3. Each factor in concurrent causation must be sufficient -- Aldridge v. Goodyear Tire & Rubber .......... ...
RTF format
... course must be read in conjunction with the new term. The plaintiff’s objection to the proposed amendment relates to the proposed introduction of the new term as an express term of the agreement, on the basis that the new term is not contained in the agreement and further that no legal basis exists ...
... course must be read in conjunction with the new term. The plaintiff’s objection to the proposed amendment relates to the proposed introduction of the new term as an express term of the agreement, on the basis that the new term is not contained in the agreement and further that no legal basis exists ...
Torts Outline - Washington University School of Law
... United States v. Carroll Towing (negligent care for barge, sink and lose cargo admiralty case). This is not a common law case, but rather tried in court of Admiralty. Originally in England, admiralty cases were heard by a board of admiralty generally composed of Admirals. It has to do with liability ...
... United States v. Carroll Towing (negligent care for barge, sink and lose cargo admiralty case). This is not a common law case, but rather tried in court of Admiralty. Originally in England, admiralty cases were heard by a board of admiralty generally composed of Admirals. It has to do with liability ...
Supreme Court of Canada Judgments
... deck. It therefore cannot maintain that para. (a) imposes a wider provision, for the same kind of carriage, than this specific clause. The liability of the insurer is thus limited to certain specific cases. The policyholder and his clients may make whatever legal agreements they please, but as betw ...
... deck. It therefore cannot maintain that para. (a) imposes a wider provision, for the same kind of carriage, than this specific clause. The liability of the insurer is thus limited to certain specific cases. The policyholder and his clients may make whatever legal agreements they please, but as betw ...
N:\JPorter\AUSA Cook\Robert D. Campbell\Campbell rsp to mtn for
... an aggravated robbery in which the defendant brandished a firearm and robbed a seventeen-year-old of his jewelry, and an aggravated robbery conviction in which defendant Campbell hit Rick Madison in the face with a 9mm pistol and stole his money and other items of value. Finally, the violent nature ...
... an aggravated robbery in which the defendant brandished a firearm and robbed a seventeen-year-old of his jewelry, and an aggravated robbery conviction in which defendant Campbell hit Rick Madison in the face with a 9mm pistol and stole his money and other items of value. Finally, the violent nature ...
416.23 Anticipatory Breach
... (Claimant) claims that (defendant) anticipatorily breached the contract between the parties. To establish this claim, (claimant) must prove both of the following: 1. (Defendant) breached the contract by clearly and positively indicating, by words or conduct, or both, that [he] [she] [it] would not o ...
... (Claimant) claims that (defendant) anticipatorily breached the contract between the parties. To establish this claim, (claimant) must prove both of the following: 1. (Defendant) breached the contract by clearly and positively indicating, by words or conduct, or both, that [he] [she] [it] would not o ...
Chairman Finch and Committee on the Judiciary From
... Our federal courts use criminal asset forfeiture, but like civil asset forfeiture, assets are similarly removed from the defendant before trial. They’re frozen as the court’s assumption through probable cause suggests that one’s property must be ill-gotten gains. Common law dictates that one is inno ...
... Our federal courts use criminal asset forfeiture, but like civil asset forfeiture, assets are similarly removed from the defendant before trial. They’re frozen as the court’s assumption through probable cause suggests that one’s property must be ill-gotten gains. Common law dictates that one is inno ...
Legal terms
... ___have happened anyway, even if the defendant had not acted in a particular way? Even where there is a clear chain of causation, was the damage too remote, in other words, not reasonably foreseeable by the defendant? ...
... ___have happened anyway, even if the defendant had not acted in a particular way? Even where there is a clear chain of causation, was the damage too remote, in other words, not reasonably foreseeable by the defendant? ...
14124 bytes - 10th Circuit Opinions
... of 31—his total offense level of 34, see United States Sentencing Guidelines (USSG) § 2D1.1 (c)(3), minus three levels for acceptance of responsibility, see USSG § 3E1.1 (a)-(b)—and his criminal history category yielded a guidelines sentencing range of 121-151 months. Defendant raised no objection ...
... of 31—his total offense level of 34, see United States Sentencing Guidelines (USSG) § 2D1.1 (c)(3), minus three levels for acceptance of responsibility, see USSG § 3E1.1 (a)-(b)—and his criminal history category yielded a guidelines sentencing range of 121-151 months. Defendant raised no objection ...
Torts
... - How much is enough? Are you responsible to charities, or to give certain amounts. How would that be said in law? Idea of a slippery slope Problem of Causation - In what sense can we say that my failure to help is the cause of someone’s injury? In a sense, injury would have happened anyway. How do ...
... - How much is enough? Are you responsible to charities, or to give certain amounts. How would that be said in law? Idea of a slippery slope Problem of Causation - In what sense can we say that my failure to help is the cause of someone’s injury? In a sense, injury would have happened anyway. How do ...
negligence: the employer`s duties
... Kondis was Ds employee and injured by the negligence of an employee of an independent contractor. D cannot be held vicariously liable for the nelgligence of the employee because he was not Ds employee. D was nevertheless liable because it was in breach of its duty on the basis that it was a no ...
... Kondis was Ds employee and injured by the negligence of an employee of an independent contractor. D cannot be held vicariously liable for the nelgligence of the employee because he was not Ds employee. D was nevertheless liable because it was in breach of its duty on the basis that it was a no ...
Lonergan v. Scolnick
... considered with the previous correspondence, constituted an offer of sale which offer was, however, qualified and conditioned upon prompt acceptance by the plaintiff; that in spite of the condition thus imposed, the plaintiff delayed more than a week before notifying the defendant of his acceptance; ...
... considered with the previous correspondence, constituted an offer of sale which offer was, however, qualified and conditioned upon prompt acceptance by the plaintiff; that in spite of the condition thus imposed, the plaintiff delayed more than a week before notifying the defendant of his acceptance; ...
Kein Folientitel - Basel Convention
... transboundary movements for which the Party is the State of export for such incidents which occur in an area under its national jurisdiction, as regards damage in an area of national jurisdiction. (Article 3 (1) Decision to consider whether or not to apply the Protocol to damage due to an incident o ...
... transboundary movements for which the Party is the State of export for such incidents which occur in an area under its national jurisdiction, as regards damage in an area of national jurisdiction. (Article 3 (1) Decision to consider whether or not to apply the Protocol to damage due to an incident o ...
Warranty Cases
... and resulted in merchandise that was unsalable. The plaintiff argues that there was sufficient evidence that an agreement existed between the two parties and that the defendant had broken their contract. Decision: The UCC states that a contract exists where there is conduct by both parties that reco ...
... and resulted in merchandise that was unsalable. The plaintiff argues that there was sufficient evidence that an agreement existed between the two parties and that the defendant had broken their contract. Decision: The UCC states that a contract exists where there is conduct by both parties that reco ...
Contractual Liability
... Definition of contractual liability: This insurance protects the insured in the event a loss occurs for which he has assumed liability, express or implied, under a written contract. For example, under most construction agreements with a municipality, the contractor agrees to "hold the municipality h ...
... Definition of contractual liability: This insurance protects the insured in the event a loss occurs for which he has assumed liability, express or implied, under a written contract. For example, under most construction agreements with a municipality, the contractor agrees to "hold the municipality h ...
SL 1987-397
... defendant may be required to make restitution or reparation to an aggrieved party or parties who shall be named by the court for the damage or loss caused by the defendant arising out of the offense or offenses committed by the defendant. When restitution or reparation is a condition imposed, the co ...
... defendant may be required to make restitution or reparation to an aggrieved party or parties who shall be named by the court for the damage or loss caused by the defendant arising out of the offense or offenses committed by the defendant. When restitution or reparation is a condition imposed, the co ...
- LSS | Cans DB
... for waivers to be effective, they must provide the notice intended, person who signs it has to understand what it’s saying, you can’t just shove the terms under their nose, you have know that they understood it Where the provision of alcohol is part of a profit-making activity, they are more likely ...
... for waivers to be effective, they must provide the notice intended, person who signs it has to understand what it’s saying, you can’t just shove the terms under their nose, you have know that they understood it Where the provision of alcohol is part of a profit-making activity, they are more likely ...
Chapter 19 -
... • Some legal defenses can defeat a claim for damages: – The last clear chance rule states that a plaintiff who is endangered by his or her own negligence can still recover damages from the defendant if the defendant has a last clear chance to avoid the accident but fails to do so – Under the assumpt ...
... • Some legal defenses can defeat a claim for damages: – The last clear chance rule states that a plaintiff who is endangered by his or her own negligence can still recover damages from the defendant if the defendant has a last clear chance to avoid the accident but fails to do so – Under the assumpt ...
Directors` and Officers` Civil Liability
... and more specifically in the EQA and the CEPA. In accordance with the general principles of civil liability under the C.C.Q., all abuse of right or wrongful conduct by a director or officer that has given rise to an environmental problem may lead to liability. In this respect, the plaintiff must est ...
... and more specifically in the EQA and the CEPA. In accordance with the general principles of civil liability under the C.C.Q., all abuse of right or wrongful conduct by a director or officer that has given rise to an environmental problem may lead to liability. In this respect, the plaintiff must est ...
LO A-6
... • What is the primary purpose of antitrust law? • Describe the different bankruptcy provisions under Chapters 7, 11, and 13. • What is deregulation? Give examples of successful and unsuccessful deregulation. ...
... • What is the primary purpose of antitrust law? • Describe the different bankruptcy provisions under Chapters 7, 11, and 13. • What is deregulation? Give examples of successful and unsuccessful deregulation. ...