Litigation: What is a Willful Breach of Contract?
... and instead of adopting the definition adopted by the Appellate Division, the Court of Appeals opted for another, perhaps more basic, contract axiom: intent of the parties. The issue here is not how we and other courts have construed “willful” in other contexts, such as in interpreting statutes usin ...
... and instead of adopting the definition adopted by the Appellate Division, the Court of Appeals opted for another, perhaps more basic, contract axiom: intent of the parties. The issue here is not how we and other courts have construed “willful” in other contexts, such as in interpreting statutes usin ...
torts - NYU School of Law
... distress, and if bodily harm to the other results from it, for such bodily harm.” When directed at third person, liable if “intentionally or recklessly causes severe emotional distress (a) to member of such person’s immediate family who is present at the time, whether or not such distress results ...
... distress, and if bodily harm to the other results from it, for such bodily harm.” When directed at third person, liable if “intentionally or recklessly causes severe emotional distress (a) to member of such person’s immediate family who is present at the time, whether or not such distress results ...
1 - Lexum
... Columbia, as expressed by Mr. Justice Galliher. The question resolves itself into a finding of the intention of the parties as expressed in their agreement. ...
... Columbia, as expressed by Mr. Justice Galliher. The question resolves itself into a finding of the intention of the parties as expressed in their agreement. ...
Torts Outline
... 4. Intentional infliction of emotional distress: Gap filler tort, rarely used. Requirement that action be really, really “extreme and outrageous”. Wilkinson v. Downton: Δ told Π husband dead, reaction by Π lead to permanent physical problems. Act: Question of whether Δ’s actions were “extreme an ...
... 4. Intentional infliction of emotional distress: Gap filler tort, rarely used. Requirement that action be really, really “extreme and outrageous”. Wilkinson v. Downton: Δ told Π husband dead, reaction by Π lead to permanent physical problems. Act: Question of whether Δ’s actions were “extreme an ...
200606DiazBus - UNC School of Government
... S.E.2d 365 (2003)(SJ for defendant proper with respect to handling of mortgage documents where plaintiff failed to show that any of the allegedly unfair or deceptive acts violated industry standards or caused actual injury), with Walker v. Fleetwood Homes of North Carolina, Inc., 627 S.E.2d 629 (N.C ...
... S.E.2d 365 (2003)(SJ for defendant proper with respect to handling of mortgage documents where plaintiff failed to show that any of the allegedly unfair or deceptive acts violated industry standards or caused actual injury), with Walker v. Fleetwood Homes of North Carolina, Inc., 627 S.E.2d 629 (N.C ...
Intentional Torts – Chapter 2 - Amazon Simple Storage Service (S3)
... Detinue suit means that you want the object back, conversion you want compensation. Detinue damages (if any) are awarded at time of trial, as tort is committed the whole time the goods are withheld. Conversion damages are awarded at time of conversion, as tort is committed at instant the conversion ...
... Detinue suit means that you want the object back, conversion you want compensation. Detinue damages (if any) are awarded at time of trial, as tort is committed the whole time the goods are withheld. Conversion damages are awarded at time of conversion, as tort is committed at instant the conversion ...
Discipline and Discharge
... Implied unless evidence indicates parties did not want it in the agreement ...
... Implied unless evidence indicates parties did not want it in the agreement ...
merchant defined - IHateLawSchool.com
... RISK OF LOSS: tender 2-503, shipment by SR 2-504, risk of loss 2-509, FOB 2-319, CIF 2320, delivery ex ship 2-322 ...
... RISK OF LOSS: tender 2-503, shipment by SR 2-504, risk of loss 2-509, FOB 2-319, CIF 2320, delivery ex ship 2-322 ...
IN THE HIGH COURT 0F MALAWI PRINCIPAL REGISTRY CIVIL
... May, 1995. I should not restate her employment contract. The plaintiff bases her claim on the Board’s decision of 3rd September, 1998. In that resolution the Board decided to revolve the school. Minute 7, the basis of the plaintiff’s contention, covered staff relocation. I should reproduce, for rea ...
... May, 1995. I should not restate her employment contract. The plaintiff bases her claim on the Board’s decision of 3rd September, 1998. In that resolution the Board decided to revolve the school. Minute 7, the basis of the plaintiff’s contention, covered staff relocation. I should reproduce, for rea ...
Contracts Grid – Hammond
... To charge any person upon any agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or commission To charge the estate of any deceased person upon any agreement which by its terms is not to be performed during the lifetime of the promisor • Counter de ...
... To charge any person upon any agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or commission To charge the estate of any deceased person upon any agreement which by its terms is not to be performed during the lifetime of the promisor • Counter de ...
Capacity - Alzheimer Society of Manitoba
... will (the nature and extent of his/her bounty)? - understand and appreciate the nature of his/her obligations (who he/she would ordinarily be expected to benefit under the will)? -not suffer from any disorder or delusion that might affect the disposition? ...
... will (the nature and extent of his/her bounty)? - understand and appreciate the nature of his/her obligations (who he/she would ordinarily be expected to benefit under the will)? -not suffer from any disorder or delusion that might affect the disposition? ...
WATER WELLS LIMITED v WILSON SAMUEL
... withdraw from the case, the defendant having withdrawn instructions from them. On 19th November,1982, the defendant, by his present advocates, filed an application returnable in the first instance on 29th November, 1982, to set aside the default judgment and at the same time to say any further proce ...
... withdraw from the case, the defendant having withdrawn instructions from them. On 19th November,1982, the defendant, by his present advocates, filed an application returnable in the first instance on 29th November, 1982, to set aside the default judgment and at the same time to say any further proce ...
Goldberg
... 1. ‘Not unreasonable risk’ - Rogers v Retrum – duty exists, but no breach ....................12 2. ‘Reasonable care’ rather than extraordinary -- Caliri v. NH DOT ................................12 3. ‘Highest duty of care’ for common carriers - Jones v PA of Allegheny County ...........13 4. ‘Stri ...
... 1. ‘Not unreasonable risk’ - Rogers v Retrum – duty exists, but no breach ....................12 2. ‘Reasonable care’ rather than extraordinary -- Caliri v. NH DOT ................................12 3. ‘Highest duty of care’ for common carriers - Jones v PA of Allegheny County ...........13 4. ‘Stri ...
416.19 Interpretation – Reasonable Time
... 416.19 INTERPRETATION — REASONABLE TIME If a contract does not state a specific time within which a party is to perform a requirement of the contract, then the party must perform the requirement within a reasonable time. What is a reasonable time depends on the facts of each case, including the subj ...
... 416.19 INTERPRETATION — REASONABLE TIME If a contract does not state a specific time within which a party is to perform a requirement of the contract, then the party must perform the requirement within a reasonable time. What is a reasonable time depends on the facts of each case, including the subj ...
western world insurance company uninsured and underinsured
... Uninsured motorist insurance provides protection for bodily injuries caused by a negligent motorist who has no insurance. Underinsured motorist coverage provides protection if the negligent motorist does not have enough liability insurance to pay for the injuries caused. For a more detailed explanat ...
... Uninsured motorist insurance provides protection for bodily injuries caused by a negligent motorist who has no insurance. Underinsured motorist coverage provides protection if the negligent motorist does not have enough liability insurance to pay for the injuries caused. For a more detailed explanat ...
4. Renew Rainwater Goods - Three Rivers District Council
... arising out of or in the course of or caused by the execution of the work. It is further certified that the insurance cover provides for Employer’s liability of not less than £10,000,000, and Public Liability to a minimum amount of £5,000,000 for any one accident and unlimited in respect of the cont ...
... arising out of or in the course of or caused by the execution of the work. It is further certified that the insurance cover provides for Employer’s liability of not less than £10,000,000, and Public Liability to a minimum amount of £5,000,000 for any one accident and unlimited in respect of the cont ...
1 - table of cases i. new hampshire statutes 1. rsa 382-a:1
... Finally, even if this Court were to find that the website contained an express warranty which was not disclaimed by the Purchase and Sale Agreement, a judgment for the plaintiff would only be appropriate if the facts alleged at trial showed the defendant breached the Agreement. See West Gate Village ...
... Finally, even if this Court were to find that the website contained an express warranty which was not disclaimed by the Purchase and Sale Agreement, a judgment for the plaintiff would only be appropriate if the facts alleged at trial showed the defendant breached the Agreement. See West Gate Village ...
Sample MTD
... plaintiff's interest in obtaining convenient and efficient relief; (4) the interstate judicial system's interest in obtaining the most efficient resolution of controversies; and (5) the shared interest of the several States in furthering fundamental substantive social policies. In this case, due pro ...
... plaintiff's interest in obtaining convenient and efficient relief; (4) the interstate judicial system's interest in obtaining the most efficient resolution of controversies; and (5) the shared interest of the several States in furthering fundamental substantive social policies. In this case, due pro ...
Contractual Liability
... damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies any person or organization for "bodily injury" or "property ...
... damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies any person or organization for "bodily injury" or "property ...
Export to Word - Botswana e-Laws
... court may be given in evidence by way of exception to the hearsay rule. The weight of such evidence will vary from case to case. To say that declarations as to domicile are "the lowest species of evidence" is probably an exaggeration. The present law has been stated as follows: "Declarations as to i ...
... court may be given in evidence by way of exception to the hearsay rule. The weight of such evidence will vary from case to case. To say that declarations as to domicile are "the lowest species of evidence" is probably an exaggeration. The present law has been stated as follows: "Declarations as to i ...
529 - Supreme Court of Canada Judgments
... keep harmless the transferor from and against his obligations under the mortgage. This means that Buxton must idemnify McLeod and keep him harmless from any payments which McLeod, as mortgagor, may be called upon to make by reason of his covenants in the mortgage. In view of the language in which th ...
... keep harmless the transferor from and against his obligations under the mortgage. This means that Buxton must idemnify McLeod and keep him harmless from any payments which McLeod, as mortgagor, may be called upon to make by reason of his covenants in the mortgage. In view of the language in which th ...
the republic of uganda
... about the deal. An offer made subject to contract, and this is where, from the evidence presented to Court, the matter between the defendant and UWA was by the time the impugned agreement was executed, means that the matter remains in negotiation, and there is no contract until a final contract is e ...
... about the deal. An offer made subject to contract, and this is where, from the evidence presented to Court, the matter between the defendant and UWA was by the time the impugned agreement was executed, means that the matter remains in negotiation, and there is no contract until a final contract is e ...
Torts and Damages
... Making a mistake is not the same as negligence. Reasonableness standard protects to some degree Misrepresentation of fact is a special form of negligence when no reasonable grounds for believing a statement can be found Statement issued as fact (“this drug is safe”) Statement is false (drug caus ...
... Making a mistake is not the same as negligence. Reasonableness standard protects to some degree Misrepresentation of fact is a special form of negligence when no reasonable grounds for believing a statement can be found Statement issued as fact (“this drug is safe”) Statement is false (drug caus ...
Supreme Court of Canada Judgments
... Insurance—Marine insurance of carrier—Liability clause where cargo carried on deck at shipper’s risk—Verbal contract between shipper and carrier—Carrier would have been liable in case of written contract placing cargo on deck at shipper’s risk—Insurer’s liability. An award was made against responden ...
... Insurance—Marine insurance of carrier—Liability clause where cargo carried on deck at shipper’s risk—Verbal contract between shipper and carrier—Carrier would have been liable in case of written contract placing cargo on deck at shipper’s risk—Insurer’s liability. An award was made against responden ...