Torts and Damages
... Types of torts (Names differ by jurisdictionmany types not listed, all are civil matters Negligence- unreasonable actions Fraud- misrepresentation for value Libel- untrue written statements causing loss Slander- untrue spoken statements causing loss ...
... Types of torts (Names differ by jurisdictionmany types not listed, all are civil matters Negligence- unreasonable actions Fraud- misrepresentation for value Libel- untrue written statements causing loss Slander- untrue spoken statements causing loss ...
L. Jankee v Life Insurance Corporation of India 2017 INT 88 IN THE
... through the letter of the defendant dated 12 September 1997. However, I find that even if there had indeed been a modification of the policy after 1997, this could not have been done without the consent of the plaintiff, in virtue of article 1134 of the Code Civil. In the light of the above, I find ...
... through the letter of the defendant dated 12 September 1997. However, I find that even if there had indeed been a modification of the policy after 1997, this could not have been done without the consent of the plaintiff, in virtue of article 1134 of the Code Civil. In the light of the above, I find ...
NOT TO BE PUBLISHED WITHOUT THE APPROVAL CENTURY STAR FUEL CORP.,
... secondary obligation.” Restat. 3d of Suretyship & Guaranty, §§ 7, 14. As such, “a contract arises from offer and acceptance, and must be sufficiently definite that the performance to be rendered by each party can be ascertained with reasonable certainty.” Weichert Co. Realtors v. Ryan, 128 N.J. 427, ...
... secondary obligation.” Restat. 3d of Suretyship & Guaranty, §§ 7, 14. As such, “a contract arises from offer and acceptance, and must be sufficiently definite that the performance to be rendered by each party can be ascertained with reasonable certainty.” Weichert Co. Realtors v. Ryan, 128 N.J. 427, ...
Oh behave - TIO Insurance
... on whether the relevant ‘act or omission’: • “could reasonably be regarded as being capable of causing or contributing to” an insured loss, in which case it is dealt with by s 54(2); or • could not reasonably be regarded as capable of causing or contributing to an insured loss, in which case it is d ...
... on whether the relevant ‘act or omission’: • “could reasonably be regarded as being capable of causing or contributing to” an insured loss, in which case it is dealt with by s 54(2); or • could not reasonably be regarded as capable of causing or contributing to an insured loss, in which case it is d ...
Torts - Free Law School Outlines
... Is there a case for negligence per se? (Class statute designed to protect? Harm caused by violation?) Is there a case for negligence res ipsa loquitor? (Probably negligence? D control? P innocence?) Is P at all “at fault”? (Comparative fault? Assumption of risk?) What is connection between P & D? (D ...
... Is there a case for negligence per se? (Class statute designed to protect? Harm caused by violation?) Is there a case for negligence res ipsa loquitor? (Probably negligence? D control? P innocence?) Is P at all “at fault”? (Comparative fault? Assumption of risk?) What is connection between P & D? (D ...
SL 1987-397
... income derived from such property, his ability to earn, his obligation to support dependents, and such other matters as shall pertain to his ability to make restitution or reparation, but the court is not required to make findings of fact or conclusions of law on these matters when the sentence is i ...
... income derived from such property, his ability to earn, his obligation to support dependents, and such other matters as shall pertain to his ability to make restitution or reparation, but the court is not required to make findings of fact or conclusions of law on these matters when the sentence is i ...
Contracts 1 Introduction • Contract Definition:
... o Written – document outlining the agreements between two or more parties. Written contracts do not need to be signed, with an exception to land contacts. § There are 3 types of land contracts: ...
... o Written – document outlining the agreements between two or more parties. Written contracts do not need to be signed, with an exception to land contacts. § There are 3 types of land contracts: ...
Torts Outline - Washington University School of Law
... and a fighting issue during Revolutionary war because England used admiralty process against colonists because no jury. So US courts – kept the jurisdiction and handed it over to the federal courts (admiralty jurisdiction). Generally would have judges that were “sitting at admiralty” rather than “si ...
... and a fighting issue during Revolutionary war because England used admiralty process against colonists because no jury. So US courts – kept the jurisdiction and handed it over to the federal courts (admiralty jurisdiction). Generally would have judges that were “sitting at admiralty” rather than “si ...
Document
... the country of origin or provenance showing that those requirements are satisfied. Where the tenderer is a legal person and the national legislation of the country in which the tenderer is established does not allow the provision of such documents for legal persons, the documents should be provided ...
... the country of origin or provenance showing that those requirements are satisfied. Where the tenderer is a legal person and the national legislation of the country in which the tenderer is established does not allow the provision of such documents for legal persons, the documents should be provided ...
Courts Reluctance to Interfere with Commercial Bargains
... include a term which sought to exclude contractual claims for indirect and consequential losses” and was it fair and reasonable “having regard to those circumstances, to include a term which sought to restrict loss directly and naturally resulting in the ordinary course of things, from breach of war ...
... include a term which sought to exclude contractual claims for indirect and consequential losses” and was it fair and reasonable “having regard to those circumstances, to include a term which sought to restrict loss directly and naturally resulting in the ordinary course of things, from breach of war ...
The Unamerican Rule on Attorneys` Fees
... cases against insurance companies. Although Barmat attempted to reconcile its holding with Sparks, there is no real distinction between these two cases. There is no express language in the insurance policy which states that an insurer shall act in “good faith.” This is a duty that evolved through co ...
... cases against insurance companies. Although Barmat attempted to reconcile its holding with Sparks, there is no real distinction between these two cases. There is no express language in the insurance policy which states that an insurer shall act in “good faith.” This is a duty that evolved through co ...
Zurich launches first Life Insurance proposition designed specifically
... Nearly all businesses have ‘key persons’ whose skills and expertise make them difficult to replace. Often, these people are business owners, but they could also be a Managing Director, CFO or Sales Manager. The absence of these key persons can be the biggest single risk to the profitability and even ...
... Nearly all businesses have ‘key persons’ whose skills and expertise make them difficult to replace. Often, these people are business owners, but they could also be a Managing Director, CFO or Sales Manager. The absence of these key persons can be the biggest single risk to the profitability and even ...
lecture notes contract 3 File
... giving rise to duress, the threat must be illegitimate either because what is threatened is a legal wrong or because the treat itself is wrongful or because it is contrary to public policy.” ...
... giving rise to duress, the threat must be illegitimate either because what is threatened is a legal wrong or because the treat itself is wrongful or because it is contrary to public policy.” ...
Self-Defense by Force Threatening Death or
... 1. Act: must be of the actor’s will (volitional movement of the actor’s body). 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 ...
... 1. Act: must be of the actor’s will (volitional movement of the actor’s body). 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 ...
MPANDE NCHIMUNYA v STEPHEN HIBWANI MICHELO (1997
... other: and they provide a brief summary of each party's case from which the nature of the claim and defence may be easily apprehended; (i) 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 h ...
... other: and they provide a brief summary of each party's case from which the nature of the claim and defence may be easily apprehended; (i) 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 h ...
4. Intentionality, harm and offense, tort remedies
... cause defendants or their children to be at an increased risk for cancer. The P’s brought three claims, the only one of which the court allows to survive is a battery claim. The first claim was for battery, the second for negligence for failure to warn, and the third a strict liability claim for pro ...
... cause defendants or their children to be at an increased risk for cancer. The P’s brought three claims, the only one of which the court allows to survive is a battery claim. The first claim was for battery, the second for negligence for failure to warn, and the third a strict liability claim for pro ...
Document
... whether the price was in pounds or guineas. • He wrote to the auctioneer stating • “ If I hear no more about it I will expect th price to be in guineas” • There was no reply but Hughes instructed that the horse be removed from the auction. • “ Silence is usually equivicaql as to consent and the lett ...
... whether the price was in pounds or guineas. • He wrote to the auctioneer stating • “ If I hear no more about it I will expect th price to be in guineas” • There was no reply but Hughes instructed that the horse be removed from the auction. • “ Silence is usually equivicaql as to consent and the lett ...
View - American University Washington College of Law
... clearly you cannot notice a problem in one ear by doing an operation on another – you’d have to go out of your way; thus the “one incision rule.” ...
... clearly you cannot notice a problem in one ear by doing an operation on another – you’d have to go out of your way; thus the “one incision rule.” ...
Supreme Court of Canada Grand Trunk Pacific Coast Steamship Co
... attributing to the parties any intention of restricting its natural meaning. I do not think, therefore, the rule of construction adopted for a totally different class of contracts and for reasons which have no application here can be invoked to restrict such natural meaning. In my opinion the appeal ...
... attributing to the parties any intention of restricting its natural meaning. I do not think, therefore, the rule of construction adopted for a totally different class of contracts and for reasons which have no application here can be invoked to restrict such natural meaning. In my opinion the appeal ...
Modbury Triangle Shopping Centre Pty Ltd v Anzil and Another
... dangerous object or condition in the car park, with consequent damage to person or property. ...
... dangerous object or condition in the car park, with consequent damage to person or property. ...
Raffles v
... [Pollock C.B. -- It would be a question for the jury whether both parties meant the same ship called the “Peerless.”] That would be so if the contract was for the sale of a ship called the “Peerless;” but it is for the sale of cotton on board a ship of that name. [Pollock, C.B. -- The defendant only ...
... [Pollock C.B. -- It would be a question for the jury whether both parties meant the same ship called the “Peerless.”] That would be so if the contract was for the sale of a ship called the “Peerless;” but it is for the sale of cotton on board a ship of that name. [Pollock, C.B. -- The defendant only ...
judgment - MalawiLII
... on this issue. I wish to express total agreement with what Nyirenda J. said in the case of Japan International Co-operation Agency (JICA) v. V. P. Jere, civil cause number 25 of 2002 (unreported), a case cited by the plaintiff. He said: “The spirit of Section 35(1) [of the Employment Act] is to prov ...
... on this issue. I wish to express total agreement with what Nyirenda J. said in the case of Japan International Co-operation Agency (JICA) v. V. P. Jere, civil cause number 25 of 2002 (unreported), a case cited by the plaintiff. He said: “The spirit of Section 35(1) [of the Employment Act] is to prov ...
- LSS | Cans DB
... Show that risk of injury to plaintiff was reasonably foreseeable, that the plaintiff was sufficiently proximate, and then you need to consider any policy concerns that way against or in favour of finding a duty. In many ways the policy concerns in step 3 look more like Caparo than Kamloops. Courts h ...
... Show that risk of injury to plaintiff was reasonably foreseeable, that the plaintiff was sufficiently proximate, and then you need to consider any policy concerns that way against or in favour of finding a duty. In many ways the policy concerns in step 3 look more like Caparo than Kamloops. Courts h ...
intentional torts - NYU School of Law
... shoplifter’s and potential shopkeeper’s liberty interests have “same normative weight” then will let loss lie where it fell). some states use only common law, not statute, to achieve same result as shopkeeper shield law. 4. Intentional infliction of emotional distress a. new tort, example of evolvin ...
... shoplifter’s and potential shopkeeper’s liberty interests have “same normative weight” then will let loss lie where it fell). some states use only common law, not statute, to achieve same result as shopkeeper shield law. 4. Intentional infliction of emotional distress a. new tort, example of evolvin ...
CR242 Equity - Ombudsman For Long Term Insurance
... Our impression was that although the expression “intentionally self-inflicted or intentionally self-induced illness” appears on the face of it to be otherwise, it is in the final analysis ambiguous because a literal interpretation produces unsatisfactory results when applied in the above examples. W ...
... Our impression was that although the expression “intentionally self-inflicted or intentionally self-induced illness” appears on the face of it to be otherwise, it is in the final analysis ambiguous because a literal interpretation produces unsatisfactory results when applied in the above examples. W ...