Business Torts Outline Fall 2009 (Mittleman) |Overview | |Plan of Attack for Answering Questions
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12 and 13 1. Type of damages: compensatory, punitive etc. Compensatory damages are used to compensate or reimburse a plaintiff for actual losses. The goal is to put him in the same position that he would have been if the tort had not occurred. The compensatory damages are generally broken down into special damages and general damages. Special damages compensate the plaintiff for quantifiable monetary losses (medical expenses, lost wages).General damages compensate individuals (not companies) for
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not completed; payment was not due SECTION 3 OF APPORTIONMENT ACT – Able to claim for the days worked! (Results will be different today!!!) Case: Ocean Projects Inc v Ultatech Pte Ltd (1994) * Defendants were not entitled to any payment HOWEVER, if the contact is completed, but it turns out that there is some breach, innocent party has the right to bring an action for breach of contract! May also sue under tort of negligence! EXCEPTIONS that payment is conditional upon complete performance:
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United States Court of Appeals,First Circuit. Michael THOMPSON, Plaintiff, Appellant; Cross–Appellee, v. Nancy CLOUD; Michael Miles, Defendants, Appellees; Cross–Appellants. Nos. 13–1120, 13–1121. Decided: August 20, 2014 Before SELYA, STAHL and LIPEZ, Circuit Judges. Damon M. Seligson, with whom Dinicola, Seligson & Upton, LLP was on brief, for appellant, cross-appellee. Christopher R. Largay, with whom Largay Law Offices, P.A. was on brief, for appellees, cross-appellants. After Michael Thompson
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AA: =Appendix; Ad: =Addendum (Orders attached to brief). II. STATEMENT OF ISSUES A. Whether the court erred in concluding that Brumfiel failed to state a claim under 12(b) (5); and concurrently that defendant lacked standing. B. Whether the Statute of Limitation of 1 year was tolled under the Continuing injury Doctrine in Brumfiel’s FDCPA claim. C. Whether the court erred in denying Brumfiel’s Motion to Dismiss on grounds that the Trust had standing to foreclose and denying her defenses including
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2015-Ohio-1380 CARRIE REBELLO PLAINTIFF-APPELLANT v. LENDER PROCESSING SERVICES, INC., ET AL. DEFENDANTS-APPELLEES No. 101764 Court of Appeals of Ohio, Eighth District, Cuyahoga April 9, 2015 Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. 12-CV-785870 ATTORNEYS FOR APPELLANT: Andrew A. Kabat Daniel M. Connell Haber Polk Kabat, L.L.P ATTORNEYS FOR APPELLEES James E. Davidson Mary F. Geswein Ice Miller L.L.P. BEFORE: E.A. Gallagher, P.J., E.T. Gallagher, J., and
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Statutory Interpretation (not examinable) • Literal Rule There are three (3) principles of law that can be applied to interpret the law, where the Literal rule can be applied and if absurdity exist either the Golden or the Mischief rule can be used. The Literal rule considers the law as what it says where the natural meaning of the words are used for interpretation; this can be depicted in the case Regina v Barrymore where the defendant was charged with the offence of wounding with
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COMPILATION OF CASE LAWS LAW OF TORT 1. DONOGHUE V. STEVENSON (1932) AC 562 On the evening of Sunday 26 August 1928, Mrs May Donoghue, boarded a tram in Glasgow for the thirty minute journey to Paisley. At around ten minutes to nine, she and a friend took their seats in the Wellmeadow Café in the town's Wellmeadow Place. They were approached by the café owner, Francis Minghella, and May's friend ordered and paid for a pear and ice and an iced drink. The owner brought the order and
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1/13/16 The Basics of the Legal System – Chapters 1 & 4 Sources of Law in the U.S 1. The Constitution * The U.S. Constitution is the supreme law of the land * The U.S Constitution establishes the federal government and enumerates its powers * The body of the constitution * Creates the three branches of government and grants certain powers to each branch * The amendments to the constitution * Protect individual rights by putting limitations on the governments
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Law and its application for settlement of disputes (highlights on ADR) Lecture |Largely ADR | |Two categories | Informal & indigenous mode of ADR formal or court-annexed ADR (As old as the society itself) (Since the decades of 17th in USA) USA-since 1970s, public talk- against civil justice system because of excessive delay, expense, inflexibility and technicality In a speech in 1976, Warren Burger (CJ) of USA discussed with the
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