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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the principles of the duty to act and the duty of care consistently. This provides reasonable enough argument that the English criminal law is indeed in need of reform in order to tackle its inadequacies, promoting the rule of law. Two arguments faced towards criminalising omissions: the social responsibility argument and the causation argument . The social responsibility argument is built upon the collective good, duty to help those in need, the idea that the law should reflect on moral
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Law-suit by Ashley Madison Employee Ashley Madison has also been involved in a lawsuit regarding an employee who sued them for a repetitive strain injury which is commonly referred to as carpal tunnel syndrome. In a back and forth that went on for two or three years, Ashley Madison alleged that the employee, Doriana Silva was extorting money from them for a bogus injury while the employee claimed that she was made to hand key data for 1000 bogus female memberships on Ashley Madison’s website which
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(1992), the court denied an award of stigma damages when the property was not contaminated by a hazardous substance. In order to see if stigma damages can be awarded, plaintiff’s usually have to establish that defendant engaged in an environmental tort, which in this case is nuisance. Once nuisance is established by the plaintiff’s proving that there was damage to their property, then the plaintiffs can seek to recover stigma damages. In Adkins, the trial court had dismissed the plaintiff’s claims
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In the civil cases read, the defendants were alleged to have breach a contract or were engaged in some form of negligence that injured the other party. The first case explained the principle of properly making an offer that may lead to a contract. Specifically, the questioned the case dealt with was: Whether a newspaper advertisement was a form of a legally binding contract? In this case, the newspaper advertisement was incorrectly published by the newspaper company without the knowledge of the defendant
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What I feel that the innkeeper probably learns from his experience is to never sue anyone over scrambled eggs. I know this, because the text states when the innkeeper went to court, he was the one who had to pay money. The text also states how much the farmer owed the innkeeper which was four thousand kroner or four thousand dollars. The innkeeper said, “ You ate ten eggs. If those had hatched, i would have had ten chickens. They too would have laid eggs, and so on”. The innkeeper was wrong for what
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for her injuries under the torts of strict liability and negligence.After that, the jury found that defendant product(the coffee) was defective (too hot to drink) and this constituted a breach of implied warranty mean tothe assumption that the coffee was safe to drinks.The judges also found that Liebeck was twenty percent of fault for her injuries.
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University of Phoenix Material BUGusa, Inc., Worksheet Use the scenarios in the BUGusa, Inc., link located on the student website to answer the following questions. Scenario: WIRETIME, Inc., Advertisement Has WIRETIME, Inc., committed any torts? If so, explain. WIRETIME, Inc. might have committed written defamation, alongside BUGusa, Inc. by inserting an ad in a magazine saying that the corporations had defective and low quality merchandise. BUGusa must attest to four fundamentals to
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