In the case of Roberta Smith’s argument against Patrick Johnson’s use of “Hungry Hungry Ladybugs”, or HHLs, Mrs. Smith is likely to be granted both an injunction and damages by the Court. The evidence brought forth makes it a clear case of nuisance under the common law of New Columbia, which also disputes all of Mr. Johnson’s counter-arguments. Barring unforeseen developments due to new data, Mrs. Smith’s claim falls in line with similar cases that have been granted varying levels of damages and
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for accepting the lift from a driver, knowing that he consumed sizeable quantity of alcohol, which would lead to the dangerous driving with a negative outcome. Thus, he cites section 466 from the American Law Institution Restatement of the Law of Torts, which says that the plaintiff’s contributorily negligent behavior involves unconstrained and irrational exposure to the risk caused by the defendant’s unreasonable
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------------------------------------------------- CHAPTER 17-AGENCY LAW TRUE/FALSE 1. Larry decided to relocate to Germany. Larry hired Happy Homes, Inc. to find a buyer and contract for the sale of his house in the U.S. The agency relationship between Larry and Happy Homes must be evidenced with a written agreement. 2. If Denise is hired to work as a cashier, she has the implied authority to do acts reasonably necessary to carry out her job. 3. Erica's supervisor
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DISCHARGEMENT OF CONTRACT The law of contracts forms a substantial part of our various relationships that can have some sort of influence over us on an almost daily basis – even when there is no physical contract in front of us we may still be privy to some sort of contractual obligation. Alternatively, if you’re a fan of social theorists such as Jean-Jacques Rousseau, you may argue that we’re also bound by ‘the social contract’, but we digress. Getting back to our original point
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Understanding Work Related Injuries Workers compensation was developed in the early 1900’s to provide employees who have been injured on the job with compensation for their injuries, and it protects employers from liability for employee’s injuries. The benefit of workers compensation really goes both ways, it not only provides a protection for the employer from lawsuits, but also provides the employee a sort of financial safety net so if they are injured on the job and cannot work they
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ISSUES I. Under Massachusetts’ privacy statue, did Chad Thanton disclose private information about Marsha Kensington that was unreasonable and substantial or serious, when Thanton posted three personal pictures of Kensington, which she had never made public? II. Under Massachusetts’ defamation law, did Chad Thanton publish false information about Marsha Kensington to a third-party that could damage her reputation in the community, when Thanton made statements regarding how Kensington makes her
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Chapter 21 Warranties and Product Liability • Warranty, which is an assurance provided in a sales contract • Negligence, which refers to unreasonable conduct by the defendant • Strict liability, which prohibits defective products whether the defendant acted reasonably or not. A warranty is a contractual assurance that goods will meet certain standards. An express warranty is one that the seller creates with his words or actions. The UCC establishes that the seller may create an express warranty
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Standard Federal Tax Reporter (2007), .04, Compensation for Injuries or Sickness: Damages for Physical Personal Injuries or Sickness: Damages for physical personal injuries or sickness Click to open document in a browser The amount of any damages received on account of physical personal injuries or sickness are excludable from gross income (Code Sec. 104(a)(2)). The word "damages" includes not only amounts awarded by a court in a lawsuit; it also includes amounts received as the result of an agreement
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, Sale of Goods , Partnership , Companies , Negotiable Instruments , Insolvency , Carriage of Goods , Arbitration..etc. The difference between the law of Tort and the law of Contract is based on obligations and liabilities . In tort the obligations are imposed by law while in contract the obligation of the parties are created by their own free will and mutual consent.
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EMR Paper LAW/531 October 3, 2011 Rachel Compton Tort Violation Upon reviewing the simulation it is evident Kelly Bates and The Erehwon Reporter were negligent in the publishing of the article claiming Alumina incorporated repeatedly contaminated the waters of Lake Dira. According to Cheeseman (2010), “under the doctrine of unintentional tort, commonly referred to as negligence, a person is liable for harm that is the foreseeable consequence of his or her actions” (p. 80). For instance, when
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