Examination Number: 1842 Examination Number: 1842 Advice Letter. Matter: Liability for leaving keys in the ignition. Examination number: 1842 Professor: Hether Macfarlane Class: LL.M. Legal Research, Writing & Analysis Advice Letter. Matter: Liability for leaving keys in the ignition. Examination number: 1842 Professor: Hether Macfarlane Class: LL.M. Legal Research, Writing & Analysis Spring Semester, 2015 Deadline: before 18:00pm
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Mr. Boone vs. Zoom Car Company Daniel Boone purchased a vehicle from Zoom Car Company with a compass in the dashboard for easy navigation. Unfortunately, the compass was faulty and led Mr. Boone to a high crime area where he was dragged out of his car and severely beaten up. Who should be responsible for Mr. Boone’s medical bills? Did Zoom Car Company know that the compass was faulty and didn’t tell the purchaser? Did Corrigan Rulers Compasses and Slide Rules, Inc. know there was an issue with
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ASSIGNMENT: Business Law NAME: UNIVERSITY: COURSE TITLE: DATE: INSTRUCTOR: QUESTION ONE Tort is a body of obligations, rights, and remedies applied courts in the civil proceedings for providing relief for suffered persons from wrongful deeds of others. The plaintiff is an individual who sustains an injury or to some extent suffers pecuniary damage due to tortious conduct. The tortfeasor or the defendant is the person who inflicts the injury and also incurs liability
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In this case Burlington Northern & Santa Fe Railway Co. vs United States, the supreme court made the ruling that Shell Oil Company was not liable under the CERCLA. This case was about an agricultural chemical distribution business that operated on a small plot of land leased by Burlington Northern Railroad company. The chemical company stored and distributed hazard substances on the land, as well as a pesticide sold by Shell. Through the years, these hazard chemicals leeched into the ground contaminating
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Darling Vs Charleston Medical Malpractice Plaintiff causes of action In this case, the plaintiff was Dorrence Darling’s father who was complaining on behalf of his son. The defendant in the case was Dr. John R. Alexander, and the Charleston community memorial hospital. Dorrence Darling was an 18-year-old college football player. On November 5, 1960, he broke his leg when he was playing a football game. Following the injury, he was taken to the emergency room at the Charleston hospital for treatment
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Is the move away from contract and towards tort in product liability cases desirable? Introduction The approach taken with product liability cases has shifted over time. The Sale of Goods Act (1893) was an act put in place to state the terms and conditions of the contracts for the buying and selling particular goods. This act was later reformed in 1979, which fundamentally followed the same rules; the buying and selling of good were regulated by contractual agreements between the buyer and
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Misrepresentation In this task I will be describing the law with respect to misrepresentation in a given situation, I am also going to be identifying factors which invalidate and vitiate contracts with regards to misrepresentation. “Misrepresentation is a tort, or a civil wrong. This means that a misrepresentationcan create civil liability if it results in a pecuniary loss. For example, assume that areal estate speculator owns swampland but advertises it as valuable commerciallyzoned land. This is a misrepresentation
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Mistake Mistake exists where parties to a contract think that they have agreed when in actual fact they have not. For a party to be able to set a contract aside on the basis of mistake he has to establish the following. The mistake should be one of fact not law, the mistake must concern a material fact and it must be a reasonable mistake. The types of mistakes in the contract of law include unilateral mistake, mutual mistake and common mistake. Bilateral/common mistake This exists where both
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of Smith vs. Wade, an inmate at Missouri Division of Corrections for youthful first offenders, Daniel R. Wade brought suit against a guard from the unit in which he was assigned, William H. Smith. Wade accused Smith of “gross negligence”, “an intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another.” (Cross 283). While Wade was an inmate in the correction facility he was assaulted by being harassed, beaten and
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Ampersand LLP Beaumont, TX TO: Partner FROM: Staff Accountant DATE: March 24, 2016 ------------------------------------------------- SUBJECT: Memorandum Privileged and Confidential Relevant Facts In 2013, Mr. Hobby suffered serious bodily injury while working at a local refinery in Beaumont. On his 2013 tax return, he deducted medical expenses of $25,000. On his 2014 tax return, he deducted medical expenses of $15,000. In 2015, Hobby won a civil lawsuit connected to his injury in 2013
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