...Cal. Civ. Code § 1009(b) prohibits claims for public prescriptive easements from ripening. Cal. Civ. Code § 1009(a) encourages landowners to open their property to public use to supplement pre-existing state funded property. California Civil Code § 1009(a)(1) (West). California Civil Code § 1009 went into effect in 1972. The public began using Happy Valley trail in 1962, ten years before the enactment of § 1009. The ranchers would not be able to use § 1009 as a defense against a claim for public easement...
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...merit; and this want of merit may consist in an absence of law to support a claim of the sort made, or a fact sufficient to make a good claim, or in the disclosure of some fact which will necessarily defeat the claim, but a complaint should not be dismissed for insufficiency unless it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim. Despite the liberal nature of the concept of notice pleading, however, a complaint must nonetheless state enough to give the substantive elements of at least some legally recognized claim or it is subject to dismissal under N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P. 12(b)(6). A claim for relief must still satisfy the requirements of the substantive laws which gave rise to the pleadings, and no amount of liberalization should seduce the pleader into failing to state enough to give the substantive elements of his claim. While an incorrect choice of theory should not result in dismissal of the claim, the allegations must suffice to state a claim under some legal theory. Morrow v. Kings Dep't Stores, Inc., 57 N.C. App. 13 (N.C. Ct. App. 1982). Our Supreme Court has stated: "'A [complaint] may be dismissed on motion if clearly without any merit; and this want of merit may consist in an absence of law to support a claim of the sort made, or a fact sufficient to make a good claim, or in the disclosure of some fact which will necessarily defeat the claim,'...
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...Wales Court of Appeal (Civil Division) Decisions | | |[pic] | |You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Merritt v Merritt [1970] EWCA Civ 6 (27| |April 1970) | |URL: http://www.bailii.org/ew/cases/EWCA/Civ/1970/6.html | |Cite as: [1970] 1 WLR 1211, [1970] EWCA Civ 6, [1970] WLR 1211, [1970] 2 All ER 760 | |[pic] | [New search] [Buy ICLR report: [1970] 1 WLR 1211] [Help] [pic] JISCBAILII_CASE_CONTRACT | | |Neutral Citation Number: [1970] EWCA Civ 6 | | | |Case No.: | IN THE SUPREME COURT OF JUDICATURE. COURT OF APPEAL. | | |Royal Courts of Justice ...
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...good faith and the contract thus has become commercially impracticable. A contract is a promise that is legally enforceable and if breached entitled to a remedy. This legal memorandum discusses potential remedy for Taymor and Hello as well as strengths and weaknesses of each party’s possible arguments. II. Breach of Contract Taymor entered into an agreement with Hello pursuant to which material terms related to Taymor’s role on the Musical were decided (“Collaborator Agreement”). According to the agreement, “Taymor will have approval over the following elements . . . and the following elements also require the approval of Hello” and she will be provided with the total of $125,000 non-recoupable fee. Collaborator Agreement July 12, 2005. While the agreement requires Plaintiff’s approval on certain changes in the Musical, however, it fails to stipulate that she has the final creative approval over the Musical related to elements, including timing of approvals and re-writing. The vague terms of Collaborator Agreement regarding the extent to which Taymor can have approval of has enabled Defendant to claim that it is not obliged to obtain her approval before making any changes to the book. However, it must be noted that Collaborator Agreement is by no means a fully integrated written contract. It is clearly stated in the document that “a...
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...Legal Protection Provided against Disability Discrimination — Evaluation of the Appropriateness of the Disability Anti-discrimination Laws Name Institution Date Introduction The evolution of the world has been accompanied by a number of social developments. Some of these social developments have included equality policies, and as far as disability is concerned, this has been one of the critical areas of concern[1]. The concern has been extended in a number of areas, especially jurisprudence. The rationale is that people with disabilities have often been condemned to contend with discrimination, a social injustice. On the other hand, jurisprudence is as an avenue of guaranteeing justice for all. Various legal steps have been developed, including the formulation of laws. This paper seeks to examine the outright nature of these steps in taming disability discrimination. Disability anti-discrimination laws Central to the disability anti-discrimination legal steps are the legal stipulations underlying the Universal Declaration of Human Rights and bill of rights, which have often served as a framework for inequality policies. In particular, the universal Declaration of Human Rights is considered as a common standard for achieving social justice for all people across the world. What is well noticeable from all the articles in the Universal Declaration of Human Rights is the emphasis for treating every person...
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...Memorandum Re: Complaint Drafting Exercise Individual Short Memo General Information Regarding Group Dynamic The complaint drafting assignment was a very interesting and valuable practical exercise for a number of reasons. I particularly enjoyed the opportunity to apply what we’ve learned thus far in the same manner as a practicing attorney. Working within a group also afforded each of us the opportunity to draw on each other’s strengths throughout the process. Although we discussed the elements of each claim at length, we did not disagree on whether to include or omit any of the suggested claims listed in the assignment. Subject Matter Jurisdiction - Federal Question We examined the issues of jurisdiction first. Count 1 of the complaint arises under the Indian Arts and Crafts Act of 1990. 25 U.S.C. §305(e). Count II of the complaint pertains to Federal Trademark dilution pursuant to 15 U.S.C. §1125(c). Both of the allegations arise under federal substantive law. Therefore, we determined that the court may exercise jurisdiction under 28 U.S.C. §1331. Additionally, we carefully crafted the wording of the complaint to comport with the well-pleaded complaint rule. Mottley. Subject Matter Jurisdiction - Diversity We also determined that the court would be able to exercise subject matter jurisdiction based on diversity under 28 U.S.C. §1332. Plaintiff Big Crow is a resident and citizen of South Dakota. The corporate defendant, Brewing Company, is incorporated in...
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...Titulaire : Pascale Lecocq Introduction au droit privé Premier bac. droit Année 2005 – 2006 INTRODUCTION AU DROIT PRIVÉ Introduction générale : droit objectif / droit subjectif. [pic] Le droit objectif est l’ensemble des normes (souvent d’origines législatives) destinées à régler soit des relations entre particuliers (droit privé) soit des relations entre l’Etat et les citoyens (droit public). Quand nous parlons d’origine législative, nous entendons le pouvoir législatif fédéral (chambre et sénat) dont les décisions sont appelées lois, mais également le pouvoir législatif des entités fédérées (communautés et régions). Les décisions des entités fédérées sont appelées décrets excepté pour la région de Bruxelles dont les décisions s’appellent ordonnances. Le droit subjectif est l’ensemble des prérogatives accordées par le droit objectif à une personne. C’est donc le droit concret, personnel et appliqué alors que le droit objectif vaut pour chacun et est donc totalement impersonnel. Dans ce cours, nous allons nous occuper du droit privé belge positif (en vigueur actuellement). En Belgique, c’est bien-entendu la loi qui importe le plus mais lorsque celle-ci n’est pas claire, on peut s’aider de la jurisprudence (ensemble des décisions rendues par l’ensemble des cours et tribunaux) et la doctrine (ensemble des écrits réalisés par des auteurs sur le droit). 1ère partie : Le droit dans le système juridique contemporain...
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...Intellectual Property Law - 3 MIKE ANIN-YEBOAH Year: L.L.B (III) ------------------------------------------------- KWAME NKRUMAH UNIVERSITY OF SCIENCE AND TECHNOLOGY, FACULTY OF LAW, KUMASI METHOD OF PRESENTATION * Brief introduction to Industrial Design Law in Ghana * Definition of new/original in relation to Industrial Design Law * Application of new/original by the Courts in protecting Industrial design right * Conclusion * References CASES CITED Farmers Build Ltd v Carrier Bulk Materials Handling Ltd [2000] ECDR42; [1999] ITCLR 297, CA Fulton Co Ltd v Grant Barnett & Co (2000) Ocular Sciences v Aspect vision care (No.2) [1997] R.P.C.289; I P D 20022, Ch. D Dyson Limited v VaxLimited [2011] EWCA Civ 1206 Brief Introduction to Industrial Design in Ghana Per section 1 (a) and (b) of Industrial Design Act , industrial design is defined as A composition of lines or colours, a three-dimensional form or a material, whether or not associated with lines or colours, or a textile design, is an industrial design where the composition, form or material gives a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft. (Emphases supplied) Nevertheless, the learned author in the person of De Noblet J in his book “Industrial design: reflection of a century” defined Industrial Design Law to mean; the branch of law...
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...Texas State Supplement to Accompany Civil Litigation 7E Peggy N. Kerley Joanne Banker Hames, J.D. Paul A. Sukys, J.D., Ph.D. Prepared by Peggy N. Kerley Updated in 2013 by Jennifer Carpenter Australia • Brazil • Mexico • Singapore • United Kingdom • United States i © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ii PART I Introduction to Civil Litigation Contents Introduction ............................................................................................................................................iv PART I INTRODUCTION TO CIVIL LITIGATION CHAPTER 1 CHAPTER 2 Litigation and the Paralegal..................................................................................................................1 The Courts and Jurisdiction .................................................................................................................2 PART II INITIATING LITIGATION CHAPTER 3 CHAPTER 4 CHAPTER 5 CHAPTER 6 CHAPTER 7 Preliminary Considerations and Procedures.......................................................................................9 Investigation and Evidence .................................................................................................................10 The Complaint...............................................................................................................................
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...religions and methods of trade. There is no doubt as to why many easter people showed their thanks for being subjects of the great kings. The hebrews were a part of these groups, they did not create an empire and were dominated by the assyrians. They still managed to leave a spiritual legacy that influenced much of the later development of Western Civilization. The development of Hebrew monotheism created in Judaism was one of the world's greatest religions; it influenced both christianity and islam. When we speak of Judaeo Christian heritage in western civ we talk about the concept of monotheism and the ideas of law, morality and social justice that played a huge part in western...
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...Property Law - 3 mikeyeblaw@gmail.com Year: L.L.B (III) ------------------------------------------------- KWAME NKRUMAH UNIVERSITY OF SCIENCE AND TECHNOLOGY, FACULTY OF LAW, KUMASI METHOD OF PRESENTATION * Brief introduction to Industrial Design Law in Ghana * Definition of new/original in relation to Industrial Design Law * Application of new/original by the Courts in protecting Industrial design right * Conclusion * References CASES CITED Farmers Build Ltd v Carrier Bulk Materials Handling Ltd [2000] ECDR42; [1999] ITCLR 297, CA Fulton Co Ltd v Grant Barnett & Co (2000) Ocular Sciences v Aspect vision care (No.2) [1997] R.P.C.289; I P D 20022, Ch. D Dyson Limited v VaxLimited [2011] EWCA Civ 1206 Brief Introduction to Industrial Design in Ghana Per section 1 (a) and (b) of Industrial Design Act , industrial design is defined as A composition of lines or colours, a three-dimensional form or a material, whether or not associated with lines or colours, or a textile design, is an industrial design where the composition, form or material gives a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft. (Emphases supplied) Nevertheless, the learned author in the person of De Noblet J in his book “Industrial design: reflection of a century” defined Industrial Design Law to mean; the branch of...
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...sume de bani sau alte prestaţii, numită chirie (art. 1411 C. civil). Locaţiunea lucrurilor este un contract prin care una din părţile contractante se îndatoreşte a asigura celeilalte folosinţa unui lucru, pentru un timp determinat, contra unui preţ determinat (art. 1411 C.civ.). Locaţiunea lucrărilor este un contract prin care una din părţi se îndatoreşte drept un preţ determinat, a face ceva pentru cealaltă parte (art. 1412 C.civ.). Se consideră locaţiune orice orice concesiune temporară a unui imobil drept o prestaţie anuală, ori sub ce titlu ar fi făcută . O asemenea concesiune nu trece către cesionar nici o proprietate, chiar dacă s-a stipulat contrariul, ceea ce va fi fără nici un efect (art. 1414 C. civ.). Conform art. 1413 C. civ. locaţiunile sunt de mai multe feluri şi au regulile lor proprii. Locaţiunea „edificiilor şi aceea a mişcătoarelor” se numeşte închiriere. Locaţiunea fondurilor rurale se numeşte arendare. Locaţiunea muncii şi a serviciului se numeşte prestaţia lucrărilor. „Luarea săvârşirii unei lucrări drept un preţ determinat, când materialul se dă de acela pentru care se execută o lucrare” se numeşte antrepriză. Noţiunea provine de la verbul din limba latină locare – a închiria (a da cu chirie, în arendă). În limba latină există şi verbul conducere – a lua cu chirie, motiv pentru care contractul este denumit locatio – conductio. În limba română noţiunea de locaţiune se foloseşte atât pentru darea, cât şi pentru...
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...1.0 Introduction: Law: Laws are present in this world for solely one reason that is to keep order and protect the people from harm ways. Each and every step that we take in the outside world is somehow governed by law For Example, purchasing a new apartment or starting a new business. Contract Law: it can be stated as “the body of law that administrates oral and written agreements associated with exchange of goods, money and property.’’ A contract law includes certain other aspects such as the nature of contract, contracts limits, freedom of contract and ending period of contract. Contract law is an agreement between individuals and is upheld by law and penalties are enforced if the contract is void or tempered with once the agreement has been signed. The reason contract law exists is to form a mutual understanding between the parties who are involved to avoid future problems and changes by either property without both ends agreement. Without contract law, all the agreements established between the parties will become impractical and meaningless and both sides would try to change the agreements along the way making it harder and difficult for them to execute their plans properly. UK Law: The United Kingdom’s constitution is in unwritten form. Body of UK law is purely based on statue, traditional rights and common law. Alteration comes about as time changes due to modified parliament acts. Some of the Malaysian laws are from the English law act. Common law and equity...
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...Ashtabula County Mar. 29, 2013) Appellants filed a complaint alleging appellees wrongfully claimed title to certain land beyond an old tract line. The Ashtabula County Court of Common Pleas granted summary judgment to appellees and dismissed the appellants’ claim of adverse possession finding that appellants could not provide evidence that they possessed the disputed property with hostility or exclusivity. The law on adverse possession in Ohio states that to succeed in acquiring title by adverse possession, a claimant had to show exclusive possession that was open, notorious, continuous, and adverse for 21 years. Failure of proof as to any of the elements resulted in failure to acquire title by adverse possession. Here the appellate court could not conclude that, as a matter of law, appellants failed to establish all of the elements of adverse possession. Looking at the case of BEBOUT v. PEFFERS, 1986 Ohio App. LEXIS 8030 (Ohio Ct. App., Knox County Aug. 18, 1986), you will also find that the burden of proof lies on the party claiming rights to property via adverse possession. Here, the appellant was the record owner of 30 acres, including the disputed acreage. Appellant had his property surveyed, which revealed that the...
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...Business Law Assignment Introduction to Business Law Sachini Tharaka Talpe Liyanage Student number: 18532068 La Trobe university (Dandenong) Question 1 I. In this scenario, the issue is whether the advertisement on the notice board constitutes an offer or only an invitation to treat. An advertisement can either be an offer or an invitation to treat and it is based on intention of the parties. Vladimir’s shopping complex Managing Agent was just inviting people with the notice on his behalf. He only lease limited number of shops, as in the notice says “Shop available for sale” and he could not reasonably intend to be bound to lease to all those who might accept it. Therefore no promise existed and it is considered an invitation to treat as in the case Partridge v Crittenden [1968]¹. Although the wording in Vladimir’s advertisement is different to the Partridge’s case, it is suggest that the result is same in the both cases. In saying that “Shop available for sale”, Vladimir did not show a will or intention to be bound in a contract. An offer is made when one party makes it clear by verbally, written or by actions and it is quite different to the invitation to treat, though it is not easy to distinguish between two. This is as in the case of Carlill v Carbolic Smoke Ball Company [1892]², the court of appeal argued that the advertisement in this case is not an invitation to treat but an offer. Another case that is related with invitation to treat is the Pharmaceutical...
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