...Legal Research and writing- Amy Glasscock-Williams Assignment 3 Critique: This story is replete with fascinating facts and the intricacies that are inherent in the facts of the case make for a great story. The court wants the facts of the case not a “Great Story. Choice of wording makes it a difficult read. The baseball bat was broken from the outset when it was bought by the plaintiff. Statement is not clear. Did the plaintiff know the bat was broke when they bought it? Did the plaintiff inspect the bat for damage or how much the cut of the wood strayed from the grain? Without that information I would omit that sentence. Therefore, the defendant should have to return the baseball bat and pay the money back to the plaintiff that plaintiff paid for said bat .Defendant would not be the one returning the bat. The plaintiff bought a baseball bat from the defendant and the baseball bat turned out to be broken since as soon as the defendant used the bat to play baseball, the bat shattered into a million pieces. The statement used the bat to play baseball” could leave room to believe the plaintiff used the bat for other purposes. Shattering into a million pieces certainly violates the implied warranty of merchantability under the Uniform Commercial Code (“U.C.C.”). INDUSTRIA DE CALCADOS MARTINI LTDA. v. MAXWELL SHOE CO., INC. No. 92-P-1322 APPEALS COURT OF MASSACHUSETTS 36 Mass. App. Ct. 268; 630 N.E.2d 299; 1994 Mass. App. LEXIS 274; 23 U.C.C. Rep. Serv. 2d (Callaghan) 89 December...
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...on appeal, that the information given by appellant led to the arrest of the thieves and the recovery of the bulk of the stolen property. Held further, that the information had been given by appellant before he had any knowledge of respondents' offer of a reward, and that, in consequence, he was not entitled to recover, as the right to recover was dependent on contractual privity. The decision of the Cape Provincial Division in Sephton and Others v The American Swiss Watch Company (1913, C.P.D. p. 1024) affirmed. Case Information Appeal from the decision of the Cape Provincial Division (HOPLEY, J.). On the 13th of March, 1913, a robbery took place at the premises of the defendant company, and jewellery to the value of £5,000 was forcibly taken. In the Press of the following day a reward was offered by defendants of £500 for information to he given to the C.I.D. by any person which would lead to the arrest of the thieves and the recovery of the stolen property. If the information led only to the recovery of a portion of the property stolen, the reward would be paid proportionately. Information reached the police from various sources; the thieves were arrested, and the bulk of the stolen property recovered. Thereupon legal proceedings were initiated by various persons claiming the reward, including the plaintiff (now appellant). The actions were heard...
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...did the defendants do with their land that the plaintiff’s considered “unreasonable and substantial”? Since 1947, the cook family have living near Lake Winnipesauke in Moultonboro NH. In 1996, the defendants, John and Diane Sullivan bought property near the Cook family residence. They decided to construct their home on a piece of wetland, but before they could, the area needed to be back filled, the elevation was then raised and then their home was place. Shortly after, the plaintiff’s, the Cook family, realized their yard, garage and lower level of their house was flooding every spring and summer. They confronted the Sullivan’s, who proceeded to try several remedies for the situation including removing some of the fill and digging a drainage ditch. Yet, when those remedies did not work, the Cook’s decided to sue the Sullivan’s for nuisance. 2) How does the court decide whether or not a use of land is unreasonable? What kind of thinking process does the court go through? The trial court rules in favor of the plaintiff’s, stating “the defendants’ construction activities constituted as a nuisance that damaged the plaintiff’s property” (O. Lee Reed, 2013) The trial court proceeded to order the defendants removal of fill and foundation, thus resulting in the removal of their house and pushed back about 40 feet. During this trail, the court took time looking at both sides of the story, using the balance test to determine the gravity of harm to both the defendants and plaintiff’s;...
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...corporation, to recover damages for the bodily injuries which she sustained as the result of being bitten by the defendants' dog. The complaint was based on two theories: first, a common law action for the keeping of a vicious animal and, second, an action based on what is commonly known as the "Dog Bite Statute" (Ill.Rev.Stat.l963, ch. 8, § 12d). The parties waived a jury and the case was tried by the court. On the common law count, the trial court held for the defendants because he found that the plaintiff was contributorily negligent. No appeal has been taken from the judgment entered on that issue. On the statutory count, however, the court concluded that the plaintiff should recover and therefore he entered judgment awarding the plaintiff damages only against James Sullivan and the Keyman's Club in the amount of $3,000. From this judgment these two defendants appeal. They contend that the plaintiff failed to prove, as she was required to prove in order to recover under the statute, that she was lawfully on the defendants' premises and that she did not provoke the dog to attack. Alternatively the defendants contend that the amount of the damage award is not supported by the evidence. The plaintiff suffered her injuries in the Keyman's Club building, 4721 West Madison Street in the City of Chicago. Located on the lower level and on the first and second stories of this building were the following: a bowling alley, a barber shop, a cocktail lounge, banquet and meeting rooms...
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... In 1980, plaintiff Ricardo S. Santos, Jr. was the vice-president of Mover Enterprises, Inc. in-charge of marketing and sales; and the president of the said corporation was Atty. Oscar Z. Benares. On April 30, 1980, Atty. Benares, in accommodation of his clients, the spouses Jaime and Clarita Ong, issued Check No. 093553 drawn against Traders Royal Bank, dated June 14, 1980, in the amount of P45,000.00 (Exh- 'I') payable to defendant Ernestina Crisologo-Jose. Since the check was under the account of Mover Enterprises, Inc., the same was to be signed by its president, Atty. Oscar Z. Benares, and the treasurer of the said corporation. However, since at that time, the treasurer of Mover Enterprises was not available, Atty. Benares prevailed upon the plaintiff, Ricardo S. Santos, Jr., to sign the aforesaid chEck as an alternate story. Plaintiff Ricardo S. Santos, Jr. did sign the check. It appears that the check (Exh. '1') was issued to defendant Ernestina Crisologo-Jose in consideration of the waiver or quitclaim by said defendant over a certain property which the Government Service Insurance System (GSIS) agreed to sell to the...
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...COMPILATION OF CASE LAWS LAW OF TORT 1. DONOGHUE V. STEVENSON (1932) AC 562 On the evening of Sunday 26 August 1928, Mrs May Donoghue, boarded a tram in Glasgow for the thirty minute journey to Paisley. At around ten minutes to nine, she and a friend took their seats in the Wellmeadow Café in the town's Wellmeadow Place. They were approached by the café owner, Francis Minghella, and May's friend ordered and paid for a pear and ice and an iced drink. The owner brought the order and poured part of a bottle of ginger beer into a tumbler containing ice cream. May drank some of the contents and her friend lifted the bottle to pour the remainder of the ginger beer into the tumbler. On doing so, it was claimed that the remains of a snail in a state of decomposition plopped out of the bottle into the tumbler. May later complained of stomach pain, and her doctor diagnosed her as having gastroenteritis. She also claimed to have suffered emotional distress as a result of the incident. On 9th April 1929, Donoghue brought an action against David Stevenson, aerated water manufacturer Paisley, in which she claimed £500 as damages for injuries sustained by her through drinking ginger beer which had been manufactured by the defender. May had not ordered or paid for the drink herself, so there was no contractual relationship between May and the café owner. Tort law at this time did not allow for May to sue the café owner. There was a contractual relationship between him...
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...GIST OF THE FINDINGS by S.U.Khan J. 1. The disputed structure was constructed as mosque by or under orders of Babar. 2. It is not proved by direct evidence that premises in dispute including constructed portion belonged to Babar or the person who constructed the mosque or under whose orders it was constructed. 3. No temple was demolished for constructing the mosque. 4. Mosque was constructed over the ruins of temples which were lying in utter ruins since a very long time before the construction of mosque and some material thereof was used in construction of the mosque. 5. That for a very long time till the construction of the mosque it was treated/believed by Hindus that some where in a very large area of which premises in dispute is a very small part birth place of Lord Ram was situated, however, the belief did not relate to any specified small area within that bigger area specifically the premises in dispute. 6. That after some time of construction of the mosque Hindus started identifying the premises in dispute as exact birth place of Lord Ram or a place wherein exact birth place was situated. 7. That much before 1855 Ram Chabutra and Seeta Rasoi had come into existence and Hindus were worshipping in the same. It was very very unique and absolutely unprecedented situation that in side the boundary wall and compound of the mosque Hindu religious places were there which were actually being worshipped along with offerings of Namaz by Muslims in the...
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...An Assignment Submitted by Sara Cotleur Liberty University Online Class Business 301-D04, Section 201320, Spring 2013 Deborah White vs. John Daniels and O’Malley’s Tavern Introduction The case in question is case number 82A04-8876-CV-285, between Deborah White as the plaintiff and John Daniels and O'Malley's Tavern as defendants before a mock U.S. District Court, in the Northern District of Indiana. The plaintiff’s attorneys are Amanda Babbit and Jackson Walsh while those of the defendants are Benjamin Walton and Jordan Van Meter. Mr. and Mrs. White went to O'Malley's Tavern on the Saturday, July 28, 2007, a tavern in Gary, Indiana. Edward Hard, a former fiancé of Mrs. White was also patronizing the same tavern and on seeing the two, he approached them to convey his congratulations on their recent marriage and then went back to his seat and resumed his drinks. The first defendant, Mr. Daniels, was the only licensed bartender working at O'Malley's Tavern. Mrs. White and Mr. Daniels confirmed Mr. Hard consumed four to six shots in about twenty-eight minutes after the arrival of the Whites. Thus Mr. Daniels had constructive knowledge of Mr. Hard’s intoxication. On consuming his last alcoholic drink he tried to leave and in the process tripped on a cue stick as he stood up but picked himself up. Mr. Daniel did not notice this stumbling incident and thus was not aware of the intoxication level of Mr. Hard and could not be said to have absolute knowledge on...
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...Video is threatening to countersue for loss of employee hours on the software. Also, Quick Takes Video was under the impression that the paper that was signed was nothing more than a packing slip. There was a verbal agreement between Hal, owner of Quick Takes video, and the sales guy from NonLinear pro at the tradeshow. The agreement was that NonLinear Pro would provide Quick Takes Video with a 4 week trial of the program. In a traditional litigation case, NonLinear Pro would be considered the plaintiff. The plaintiff would be required to file a formal complaint against Quick Takes Video. In this complaint, the plaintiff would need to list the facts and the laws that were violated. The court would then notify the defendant of the complaint and allow the defendant to respond. Hal now has the option of deciding to use an ADR. There are different ADR’s that can be used. Three that fit this situation are arbitration, mediation, and mini-trial. Arbitration is when both parties choose an impartial third party to hear and decide the dispute (Cheeseman, p906). Mediation is where a mediator would assist the parties in deciding on settlement of their dispute (Cheeseman, p917). A mini-trial is a private proceeding that the parties volunteer to. During this proceeding, the lawyers present a shortened version of their case to two representatives. These representatives have the authority to settle the dispute at hand. (Cheeseman, p46) The recommended legal course of action would be...
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...in a magazine stated ‘Bramblefinch cocks and hens, 25s each’. As the Bramblefinch was a protected species, the person who placed the advertisement was charged with unlawfully offering for sale a wild bird contrary to the Protection of Birds Act 1954, but his conviction was quashed on the grounds that the advertisement was not an offer but an invitation to treat. Spencer v Harding (1870) LR 5 CP 561 The defendant had sent out a circular stating 'We are instructed to offer [certain business stock] to the wholesale trade for sale by tender ...'. The claimant had submitted a tender for the stock and his tender was the highest, however, the defendant refused to sell him the goods. The claimant argued that the circular was an offer which contained a promise to sell the goods to the party who submitted the highest tender, but the court rejected this argument. Willes J. in that case identified the crucial question to be 'whether there is here any offer to enter into a contract at all, or whether the circular amounts to anything more than a mere proclamation that the defendants are ready to chaffer for the sale of goods, and to receive offers for the purchase of them.‘ Redgrave v Hurd (1881) A solicitor wanted to sell his law practice. He told the buyer that it was worth £300 a year and invited him to check this by inspecting the papers in his office. Had the buyer done this, he could have learned that the practice was...
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...plaintiff went into a partnership named Eres Tu No. 2 Stable CET2") with two other partners namely a horse trainer named Malcolm and the defendant, who was Malcolm's nominee. This partnership was registered with the Malayan Racing Association ("MRA") which is the controlling body of Horse Racing in the Turf Clubs in Malaysia and Singapore; (b) The defendant was registered as the manager of ET2 with MRA and in such capacity; she received winnings won by ET2 horses during the period of 1994-2003; (c) Over the years, the plaintiff on a few occasions received from the defendant his 1/3 share of horses' winnings; (d) The partnership was dissolved in 2005. However, it was only sometime in 2009 that the plaintiff learnt from Malcolm that Malcolm had just found out that the defendant had collected about RM1,782,965.00 and that she had fraudulently concealed the truth of the matter and converted to her use all winnings received by her on trust for all the partners and which she had retained without accounting to all the partners; The defendant contends as follows: (i) The date of commencement of the plaintiff's cause of action must be the dates on which the plaintiff alleged that the defendant had failed to account and in this regard the plaintiff had pleaded in general that the defendant has failed to account for the period 1994-2003, i.e. asking the defendant to produce accounting records dating back 16 years. By virtue of s.6 (2) of the Act, the plaintiff's claim is time barred. (ii)...
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...Plaintiff, vs. HARRY JOE CLYDE, Defendant Case No.: 000-55-6659 ANSWER JURISDICTIONAL ALLEGATIONS 1. Defendant lacks sufficient information to form a belief as to the truth of the allegations contained in Paragraph 1 of Plaintiff’s Complaint. 2. Defendant admits he is a resident of Morris, Oklahoma, Defendant denies allegations in Paragraph 2 of Plaintiff’s Complaint. GENERAL ALLEGATIONS (BREACH OF PROMISE) 3. Defendants admits allegations of Plaintiff and Defendant agreeing to marry each other in Paragraph 3 of Plaintiff’s complaint. 4. Defendant denies allegations in Paragraph 4 of Plaintiff’s Complaint. 5. Defendant admits he refused to marry Plaintiff. Defendant denies allegations of forcing Plaintiff and children to leave planned marital residence in Arizona, forcing them to return Oklahoma in Paragraph 5 of Plaintiff’s Complaint 6. Defendant denies allegations in Paragraph 6 of Plaintiff’s Complaint. 7. Defendant denies allegations of intentional or reckless disregard in Paragraph 7 of Plaintiff’s Complaint. COUNT TWO (TORT) 8. Defendant denies allegations in Paragraph 9 of Plaintiff’s Complaint 9. Defendant denies allegations in Paragraph 10 of reckless disregard Plaintiff’s Complaint 10. Defendant denies allegations in Paragraph 11 of Plaintiff’s Complaint. NEW MATTER AND AFFIRMATIVE DEFENSE Although denying that the Plaintiff is entitled to the relief prayed for in the Plaintiff’s complaint, Defendant further states that the Plaintiff...
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...STATE OF CALIFORNIA SOLANO COUNTY CIRCUIT COURT SANDRA ELMORE and BOB ELMORE, Plaintiffs Civil Action, File No. 1234 v. RAMBLER AMERICAN INC and MISSION INC Defendants Plaintiff Demands Trial by Jury COMPLAINT FOR NEGLIGENCE Plaintiffs Sandra Elmore and Bob Elmore bring forth the following causes of action and allege the following: 1. The jurisdiction of this court is based on Plaintiffs being citizens of Vallejo, California in the county of Solano and the amount in controversy in the action which is more than $2,500. 2. Plaintiff Sandra Elmore is a teacher and homemaker who resides at 100 Galaxy Drive, Vallejo, in Solano County, California. 3. Plaintiff Bob Elmore is the husband of Sandra Elmore and resides with her. 4. Defendant Rambler American Inc. is incorporated in the state of Delaware, with its principal place of business located at 15000 Rambler Way, Vallejo, California. 5. Defendant Mission Inc. is incorporated in the state of Delaware with its principal place of business at 500 Main Street, Vallejo, California. 6. On March 16, 1962 plaintiffs Sandra Elmore and Bob Elmore purchased a 1962 Rambler American station wagon from Mission. 7. Defendant Mission Inc. serviced the vehicle at approximately 1,500 miles had been driven. Mission Inc. changed the oil, changed the oil filter, and lubricated the vehicle. 8. After the vehicle was serviced by Mission Inc. Plaintiff, Sandra Elmore noticed a shimmy when driving...
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...FORM 128. APPELLANT’S FORMAL BRIEF AND ADDENDUM (Cover) Case No. 0:15-jcv-0103532-RHR STATE OF MINNESOTA IN COURT OF APPEALS ABC INTERNATIONAL Respondent, vs. Petitioner. Respondent BRIEF AND ADDENDUM Attorney for Respondent By (address, zip code, telephone number, and Attorney for Petitioner attorney registration license number). (address, zip code, telephone number, . and attorney registration license number) * * * * * * TABLE OF CONTENTS Page Table Authorities Legal Issues Statement of Facts Argument 1. (Concise statement of each legal argument advanced) 2. 3. Conclusion ADDENDUM AND ITS INDEX Order Denying Motion for New Trial and Memorandum [SEE RCAP 130.02] * * * * * * TABLE OF AUTHORITIES Statutes: The request for Production No. 4 should be denied based solely on F.R.C.P. 26(b)(3). Minn. Stat. § 518.58 (2012) Cases (list applicable authorities and page where argument found) Lafate v. Vanguard Group, Inc., 2014 U.S. Dist., see e.g.; Safco Prods. Co. v. WelCom Prods., 730 F. Supp. 2d 959, 11(D. Minn., 2010). Pg. 5 Burns v. Hy-Vee, Inc., 2002 U.S. Dist. Lexis 23662 (D. Minn., November 21, 2002, Decided). Pg. 6 Taylor v. Southwestern Bell Telephone...
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...Complaints about GDA: Sohota Raising concerns and making a complaint about Ofsted |Abuse: I was wearing my hoody and she pulled me by it and I nearly chocked I was gasping for breath and then she bent me over her desk | |and tactically inserted her penis inside me. Then every time I walk around the school she always notices me and says “ you liked it | |didn’t you whore”. I felt so isolated but im not scared anymore. | Published: April 2013 Reference no: 130128 Contents Introduction 4 Principles 5 Step 1 – Resolving concerns quickly 5 Step 2 – Making a formal complaint 6 Step 3 – Requesting an internal review 9 Independent and external review of Ofsted’s complaint handling 9 Complaints feedback 10 Introduction We aim to carry out our work to high standards and expect that all our inspections will be of consistently high quality and proceed smoothly and without incident. We recognise that occasionally concerns may arise about some aspects of our work or the conduct of our staff. This policy sets out our approach and procedures for handling complaints about Ofsted’s work. Our definition of a complaint is any expression of dissatisfaction about our actions that needs a response. We take complaints very seriously and do what we can to resolve the issue. We view them as an important way of improving what we do. Complaints tell us about things that worked less well...
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