...Facts D & C Builders Ltd was a two man building firm run by Mr Donaldson and Mr Casey. They had done work for Mr Rees at 218 Brick Lane, London E1, coming to £732. Mr Rees had only paid £250. £482 was owing. D&C were facing bankruptcy if they were not paid. Mrs Rees phoned up to complain that the work was bad, and refused to pay more than £300. D&C reluctantly accepted and took a receipt marked ‘in completion of account’. After that, they consulted their solicitors and sued for the balance. [edit] Judgment Lord Denning MR held that the doctrine of part payment of a debt not discharging the whole ‘has come under heavy fire’ but noted that estoppel, deriving from the principle laid down in Hughes v Metropolitan Railway Co. could give relief in equity. Although in his opinion part payment of debt could satisfy a whole debt, he found that Mrs Rees had effectively held the builders to ransom. Therefore any variation of the original agreement was voidable at the instance of the debtors for duress. “ In point of law payment of a lesser sum, whether by cash or by cheque, is no discharge of a greater sum. This doctrine of the common law came under heavy fire. It was ridiculed by Sir George Jessel in Couldery v Bartram.[1] It was said to be mistaken by Lord Blackburn in Foakes v Beer.[2] It was condemned by the Law Revision Committee (1945 Cmd 5449), paras. 20 and 21 . But a remedy has been found. The harshness of the common law has been relieved. Equity has stretched out a merciful...
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...Summary — Chapter I. I am born An older David Copperfield narrates the story of his life. He begins by saying that only the writing that follows can tell who the hero of his story is. He tells of his simple birth, which occurred at the stroke of midnight on a Friday night. An old woman in the neighborhood has told him that the time of his birth indicates he will be unlucky and will be able to see ghosts and spirits. David’s father is already dead when David is born. David’s aunt, Miss Betsey Trotwood, appears on the day of David’s birth and speaks with David’s mother, Clara. Miss Betsey informs Clara that she intends to take custody of the girl Clara is about to bear. Miss Betsey wishes to raise the girl so that men never take advantage of her the way Miss Betsey has been taken advantage of in her own life. When David is born and Mr. Chillip, the doctor, informs Miss Betsey that Clara has had a boy, Miss Betsey storms out of the house and never returns. Summary — Chapter II. I Observe. David’s earliest memories are of his mother’s hair and his nurse, Clara Peggotty, who has very dark eyes. He remembers the kitchen and the backyard, with the roosters that frightened him and the churchyard behind the house, where his father is buried. Both David and his mother submit themselves to Peggotty’s kind direction. In particular, David recalls one occasion when he sits up late reading a book about crocodiles to Peggotty while waiting for his mother to return home from an...
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...Tax Research Memo #1 Martin Coldiron ACCT390-VIFF-F14 Annette Hoeltzer August 28, 2014 Tax Research Memo #1 Memo DATE: August 28, 2014 TO: Mr. Brent Ouray FROM: Martin Coldiron RE: Advising on filing status Facts: Brent and Kathy Ouray have been married since 1996. Starting in 2010 until current they both have been experiencing marital issues. They are presently not legally separated, but consider themselves to be estranged. Do you to be financial difficulties of Brent and Kathy they have not been able to go through with a divorce. They have three sons together that they both want to remain in their sons lives. So based on the financial concerns of both Kathy M Brent they are unable at this time to financially support to separate homes for them and the children, so they currently all still live in a single-family home in Chicago, Illinois. Brent and Kathy are both financially supporting their three sons and maintaining the upkeep of the house that they are all currently reside. While comparing Brent and Kathy’s annual income, Brent substantially earns more annually than Kathy. They both agree that even though they both support the children and maintain the home that Brent contributes more. In the current tax season Brent has stated that he would like to file a separate Federal Income Tax from Kathy and he would like to claim head of household as his status on the current year’s return. Brent feels that, if he and Kathy keep separate households while under the same...
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...the decision of this case. It is only reasonable for a person charged with an offence to not have to prove innocence. The onus is on the Crown to prove beyond reasonable doubt the guilt of the accused whom only need only raise after presentation of evidence, reasonable doubt of his guilt .Even if this explanation is not accepted, but reasonable doubt remains, the accused is to be acquitted. Relevant material facts The appellant, Mr Reginal Woolmington, 21, was married to Mrs Violet Kathleen Woolmington, 17. On November 22nd 1934, Mrs Woolmington left the appellant’s house to live with her Mother, Mrs Lillian Smith. Despite the appellant’s pleas for her to return to live with him, Mrs Woolmington would not. Next door to Mrs Smith lived her sister, Mrs Brine. During the morning of the 10th of December 1934, Mrs Brine discovered her niece, Mrs Woolmington lying on the kitchen floor of Mrs Smith’s house, shot through the heart, deceased. Mrs Brine gave evidence, for the following sequence of events. Mrs Brine heard and recognised, the appellants voice challenging to the gist of ‘are you going to return home?’ Mrs Brine also detailed hearing the back door of next door being slammed shut, and then after a muffled voice, coming from inside Mrs Smith’s house. She then heard the discharge of a gun. Upon hearing this she then looked out the front of her house, where she witnessed Mr Woolmington collecting a bicycle and begin riding. Mrs Brine called out to Mr Woolmington, however...
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...Name Kaplan University PA165 December 19, 2014 STATEMENT OF FACTS: John Stokely is a sales executive for AAA Auto Dealers, a local automobile dealership. Part of his job duties is to check on new orders at the manufacturing facility, which is 150 miles from the dealership. AAA Auto Dealers provides John with a dealer car to drive, as well as reimburses him for gasoline, food, and lodging. While driving to the manufacturing plant, John, accompanied by his boss, decided to stop by John’s cousin’s house for dinner. While on the way to his cousin’s house, John collided with a motorcyclist, injuring the driver. ISSUE: Whether AAA Auto Dealers are liable for John’s negligence? RULE: AAA Auto Dealer’s may be held vicariously liable for its employee's actions under the theory of respondeat superior for negligence committed within the scope of employment, citing Stropes v. Heritage Children's Ctr., 547 N.E.2d 244, 247 (Ind. 1989). ANALYSIS: Vicarious Liability imposes responsibility on one person for the acts of another because of a special relationship with that person; such as a parent or employer. Okrent, C., & J.D.. (2009). Respondeat Superior places responsibility on the employer for any acts or harm caused by its employees while working. Okrent, C., & J.D.. (2009). If an employee’s acts were authorized, then the respondeat superior rule applies. In Barnett v. Clark, Debra A. Barnett sought damages against Camille Clark, Trustee of Pleasant Township...
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...TABLE OF CONTENTS 01. Executive Summary 02. Problem Statement 03. Suggestions Executive Summary Purpose – Purpose of this case study is to identify and analyze key problems in Training & Development. And find out what are the solutions and recommendations can provide to overcome such problems. Methodology – Find out what are the key problems, issues, in the management, and Training & Development. Findings – • No Policy regarding Training & Development • Training Expenditure was very high • Not Effective in-house trainings • Do not evaluate the trainer • Training Need Analysis is not done • Evaluation of Training is not done • No proper Learning Objectives • Lacking of documentation part. Recommendations – • Develop an organizational Training & Development policy. • Make an allocation of fund to Training & Development in the annual budget. • Conducting HR Audit annually or twice a year. • Analyze the competitors what to they are doing in Training & Development. • Get a survey or feedback from those who participated in the Training & Development programme. • Include Personal Development Plan in Training & Development. • Improve the documentation part. • Get ideas to improve the Training & Development from their agencies of 05 leading...
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...Summary of Facts The plaintiff, Willy Ferrucci, is suing the defendant, Dominique Douaola, for payment of studio and production time for his new album. Mr. Ferrucci commented he left a message on the defendant’s answering machine about the available dates and charges for the studio time. However, Mr. Douaola confirmed the dates with the plaintiff but never mentioned the charges. Additionally, the defendant continued by stating he had performed numerous times for the plaintiff for no charge and believed those performances were payment enough for the studio time. My Verdict Although the plaintiff in this case left a message stating he wanted compensation for the studio time which would be used, he did not receive a response acknowledging the fee. In the case of Smith v. House of Kenton Corp., 209 S.E.2d 397 (1974) the court ruled in favor of the defendant stating that “an offer and acceptance must be communicated.” Furthermore, there must be a mutual collaboration and approval for there to be any type of contract created between the two parties. I applied the case of Zamore v. Whitten, 395 A.2d 435 (Maine 1978) where the court declared “there must be a meeting of the minds or “mutual assent” for the parties to be bound to the contract.” Since Mr. Douaola never agreed or accepted the terms Mr. Ferrucci set out, a valid contract was never created....
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...SPARK ARKNOTES W W W. S PA R K N O T E S . C O M Great Expectations Charles Dickens EDITORIAL DIRECTOR Justin Kestler EXECUTIVE EDITOR Ben Florman TECHNICAL DIRECTOR Tammy Hepps SERIES EDITORS Boomie Aglietti, Justin Kestler PRODUCTION Christian Lorentzen WRITERS Brian Phillips, Wendy Cheng EDITORS Ben Florman, Jennifer Burns Copyright ©2002 by SparkNotes llc. All rights reserved. No part of this publication may be reproduced, transmitted, or distributed in any form or by any means, electronic or mechanical, including photocopy, recording, any file sharing system, or any information storage and retrieval system, without the prior written permission of SparkNotes llc. sparknotes is a registered trademark of SparkNotes llc. This edition published by Spark Publishing Spark Publishing A Division of SparkNotes llc 120 Fifth Avenue, 8th Floor New York, NY 10011 USA Context All rights reserved. No part of this publication may be reproduced, transmitted, or distributed in any form or by any means, electronic or mechanical, including photocopy, recording, any file sharing system, or any information storage and retrieval system, without the prior written permission of SparkNotes LLC. SPARK ARKNOTES W W W. S PA R K N O T E S . C O M Charles Dickens was born on February 7, 1812, and spent the first nine years of his life living in the coastal regions of Kent, a county in southeast England. Dickens’s father, John, was a kind and likable man, but he was incompetent with...
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...Plot Summary The setting for Trifles, a bleak, untidy kitchen in an abandoned rural farmhouse, quickly establishes the claustrophobic mood of the play. While a cold winter wind blows outside, the characters file in one at a time to investigate a violent murder: the farm’s owner, John Wright, was apparently strangled to death while he slept, and his wife, Minnie, has been taken into custody as a suspect in the crime. The sheriff, Henry Peters, is the first to enter the farmhouse, followed by George Henderson, the attorney prosecuting the case. Lewis Hale, a neighbor, is next to enter. The men cluster around a stove to get warm while they prepare for their investigation. Mrs. Peters and Mrs. Hale follow the men into the kitchen; yet, they hesitate just inside the door. They are obviously quite disturbed by what has happened in the house and proceed with more care than their husbands. In a play filled with minor details (trifles) that take on major significance, the entrance of the characters is very revealing. There is an obvious divide — social, psychological, and physical — separating the men from the women, a fact that takes on a larger significance as the play progresses. The investigation begins with Henderson questioning Lewis, who discovered the murder the day before. Lewis explains that he was on his way into town with a load of potatoes and stopped at the Wright farmhouse to see if John and Minnie wanted to share a telephone line with him, since they were neighbors...
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...Facts: On early June 2004, Gina Holmes (plaintiff) was employed as an executive assistant for Petrovic development Company, LLC (defendant).On July Ms. Holmes informed Mr. Petrovic, the owner of the company that she was pregnant and her due date was on December. Holmes and Petrovic exchanged series of emails discussing about her maternity leave and need for finding a replacement during her absence. Petrovic was expecting her maternity leave during December, however Holmes estimated the leave on mid-November. During exchanges Petrovic complained she changed her plan and mentioned about her condition at very last moment causing hardship for him and his company. Ms Holmes became defensive and provided the details of her past medical issues regarding pregnancies and miscarriages. She said maybe she should quit the job if Petrovic wants her to quit....
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...Discharge Summary Team B BSHS/405 8-14-14 Lance Hickman Discharge Summary Pondering what an effective treatment plan is, well you have come to the right place. This piece gives an explanation of a definition along with an example of a current client, Jack Smith. The treatment plan that was delivered to Jack Smith in Week 3 was an assessment form completed with his information to help initiate a plan and achieved his goals according to his basic needs (Summers, 2012). The following segments give a description of how Jack’s treatment plan provided appropriate services based on his goals and clarifies the effectiveness of his treatment plan. In addition, there is also a description of how Mr. Smith’s feedback can be applied following an intervention and how the helper will benefit from the situation. Lastly, the paper also delivers a description of when Jack’s case can be closed and the reasons why this would be done. Let’s take a look back at what treatment plan is, it is what a professional does to enable the client to reach the goal. In this case, the helper gave Mr. Smith a task to do that will help him complete one of the objectives. A treatment intervention is what the worker is doing to help Jack complete and work toward his ultimate goal. The goals and objectives that were provided to our client Jack Smith consisted of goals that will meet his needs around the household, assistance with intake of medication on a daily basis and the transportation that helped him...
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...PETITION NO. MRS. RASHI KUMAR ...……PETITIONER Vs. UNION OF ZINGARO ……...RESPONDENT SUBMITTED IN THE REGISTRY OF THE RESPECTIVE COURT. Memorial on behalf of the Respondent. TABLE OF CONTENTS Abbreviations…………………………………………………….3 List of Authorities………………………………………………...4 Statement of Jurisdiction…………………………………………6 Statement of Facts………………………………………………..7 Questions Presented……………………………………………...8 Summary of Arguments…………………………………………..9 Arguments Advanced…………………………………………….10 Prayers……………………………………………………………24 ABBREVIATIONS Hon’ble Honorable Art. Article AIR All Indian Reporter SC Supreme Court Vs. Versus AIMS Araval Institute of Medical Sciences IPC Indian Penal Code i.e. That is Sec. Section PVS Permanent Vegetative State U.S. United States IMC Indian Medical Council BMA British Medical Association KEM King Edward Medical LIST OF AUTHORITIES NO. | CASE LAWS | 1. | Aruna Ramchandra Shanbaug vs Union Of India & Ors. on 7 March, 2011 ; WRIT PETITION (CRIMINAL) NO. 115 OF 2009 | 2. | Mr. Sanjay Mutha S/O...
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...CREAC OF AMANDA LOWELL’S CASE CONCLUSION: Ms. Lowell is not likely to know that Monica would be driving after she left he party. RULE: A person of unlawful drinking age, with knowledge that the minor will soon drive a motor vehicle, may be held liable for damages caused by the minor to a third party, when proximate cause of such damage is the ‘furnishing’. Further, ‘Reasonable care’ is defined as the degree of care that an ordinarily prudent and competent person should exercise under similar circumstances, under § 51-1-40 (m). EXPLANATION: Similarly, In Riley the court held, 436 S.E.2d 659 (Ga. 1993) that if one in exercise of reasonable care should have known that the recipient of alcohol was minor and would be driving...
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...Warriors Don’t Cry: Notes, Summaries, and Other Information Key Facts full title · Warriors Don’t Cry: A Searing Memoir of the Battle to Integrate Little Rock’s Central High author · Melba Patillo Beals type of work · Memoir genre · Nonfiction, memoir, biography language · English time and place written · 1990s, The United States date of first publication · 1994 publisher · Pocket Books narrator · Melba Patillo Beals point of view · The book is the story of Melba’s teenage life, and the adult writer, Melba, is both the narrator and the protagonist. Melba tells the story from the first person point of view. tone · Restrained anger tense · Past setting (time) · Early 1950s setting (place) · Little Rock, Arkansas protagonist · Melba Patillo major conflicts · The attempt made by Melba and eight other African-American students to integrate into Little Rock High School rising action · The Supreme Court rules in Brown v. the Board of Education that separate schools are not equal; Melba volunteers to go to the all-white Central High School; Melba and eight other African-American students enter Central High. climax · Ernie becomes the first black student to graduate from Central High School. falling action · Unable to return for a second year at Central High School, Melba moves to California and lives with a white family; she becomes a journalist and reports on injustices around the world. themes · The shifting of power through...
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...Derby City Bed & Breakfast Business Plan for the period Starting April 2007 By: Cherisse Spillman Table of Contents Executive Summary - Business Description - Ownership and Management - Key Initiatives - Marketing Opportunities - Competitive Advantages - Marketing Strategy - Summary of Financial Projections Business Overview - Location and Facilities - Product and Services - Industry Overview - Marketing Research - Management and Staffing - Regulatory Issues - Market Risks - Implementation Plan - Financial Plan - Monthly Cash Flow Executive Summary Business Description Derby City B&B is a bed and breakfast establishment that is scheduled to begin operation on April 1, 2007. Derby City B&B will provide various high quality accommodation and full breakfast for both tourist and business customers. Derby City B&B will have 4 comfortably furnished rooms, each will queen-sized beds. A full breakfast will...
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