times herein mention is also a student at TJSL. 3. Defendant Thomas James was also present at the “Bar Review” at the Music House Bar. Thomas James is a first year student at TJSL, and shares a torts class with Misty Gold. 4. Misty Gold, also a first year law student at TJSL. Misty Gold shares a torts class with Thomas James. She resides in the city of San Diego, county of San Diego, and state of California. She was also present at the “Bar Review” hosted at the Music House Bar. 5. Melody
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Jim is considering buying his uncle David’s house as an investment. During the negotiations, David states, “This house is worth $200,000 and I’ve had two separate valuations from estate agents verifying that, but since I love you so much I’ll sell it to you for $180,000.” David has not received any valuations from estate agents and the house is worth only $120,000. Jim buys the house for $180,000. Two weeks after Jim has completed the sale and moved into the house, he discovers that David did
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in damage, undesired by the defendant, to the plaintiff.” (Rogers, Winfield and Jolowicz on Tort (15ed. 1998)) Negligence protects against three different type of harm damage to property, personal injury and economic loss . Before 1932, no generalized duty of care in negligence existed. The common law in some circumstances did recognize the duty of care should be owed e.g. road accidence. The tort of negligence was fully established in the case of Donoghue v Stevenson (1932). Mrs. Donoghue
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Logan V. Canada Safeway Limited et al., 2006 BCSC 1733 (CanLII) Area of Law Negligence: failure to use reasonable care, resulting in damage or injury to another. Negligence involves harm caused by carelessness, not intentional harm. In other words, negligence means being a bystander who foresaw consequences, and did not take any action to prevent the injury as a normal person would. In this case, the Common Law applies. The Story / Facts On May 11, 2003, the plaintiff (Jody Ann Logan)
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published defamation, and slander, which is spoken defamation. In the case Gregory v. Gregory, plaintiffs Robert, Christopher, and Samuel Gregory sue their brother, W. Patric Gregory III (“Patric Gregory”) for libel. The brothers are in a family business together called New Jersey Galvanizing and Tinning Works, Inc. (“NJG”), where one of the plaintiffs, Robert Gregory, is the president. A few years ago, the plaintiffs were involved in a dispute that did not include the defendant Patric Gregory. Siblings
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termination of an employment contract where the termination breaches one or more terms of the contract of employment 4. Entitlement: An individual's right to receive a value or benefit provided by law. 5. Tort (defamation): Defamation is a statement that injures a third party's reputation. The tort of defamation includes both libel (written statements) and slander (spoken statements). 6. Reasonable notice: An employee is entitled to a certain amount of notice (or pay in lieu ofnotice) when their employment
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BMW V GORE: 517 U.S. 559, 116 S. Ct. 1589, 134 L. Ed. 2d 809 (1996) By Bianca Prado Sue Ganske BUL4310 2/11/16 Copyright 2016 Bianca Prado BMW V GORE: 517 U.S. 559, 116 S. Ct. 1589, 134 L. Ed. 2d 809 (1996) When I was first looking through the list of cases, the letters BMW stood out to me. The reason for this is because I am person who’s always been into luxury high class vehicles and never in my mind did I believe BMW had a case with a buyer. This is when I immediately knew I had to
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Indemnity literally means “security against a loss” and is a term that is used not just in a contractual context. According to Black’s Law Dictionary, indemnity can be defined as “ the right of an injured party to claim reimbursement for its loss, damage or liability from a person who has such a duty” The term ‘indemnity’ was generally used for insurance contracts, but it should be noted that Life insurances does not come under the ambit of contract of indemnity, as it was held in the case of Oriental
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If you’re from the United States, then you have probably heard of the fast food restaurant McDonald’s getting sued for their extremely hot coffee. In 1992, a 79-year-old women named Stella Liebeck spilled McDonald’s coffee on herself, causing her to be in the hospital for a week. After Stella wrote a letter to corporate, McDonald’s only wanted to give her $800 for her medical expenses. She took them to court and the jury ended up holding McDonald’s liable. The case received extensive media coverage
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FACTS: Martin has a disorder, which disables him from walking golf courses. Due to this, he asked the PGA Tour if he could use a golf cart, and they denied him. Martin proceeded to file a lawsuit against the PGA regarding Title III of the American’s with Disabilities Act (ADA), which states that they can make accommodations to those who need them. The District Court agreed with Martin and found that not allowing him to use a golf cart in the tournament triggered his disability. Using a golf cart
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