on the exclusion clause Required: On the understanding that the clause excluding Bash Ltd’s liability was incorporated into its contract with Andy, advise Andy whether there is any action he can take against Bash Ltd. Given that the question scenario clearly states that the exclusion clause was incorporated into the contract between Andy and Bash Ltd (and there can be no doubt that it is), it is only necessary to consider the effect of the clause. On the basis of the clear wording, it would appear
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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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with their presents, their ribbons, their wrappings, their snoof and their fuzzles, their tringlers and trappings!”. 2) ISSUE PRESENTED: Under Criminal Law, is the defendant “The Grinch” guilty of Larceny Conspiracy to Trespass and Burglary? Under Tort Law, can the plaintiff People of Whoville sue for Intentional Infliction of Emotional Distress? 3) ARGUMENTS: Under criminal law a defendant is guilty of conspiracy if an agreement between two or more persons to engage jointly in an unlawful or
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Ebony Law/531 November 2, 2015 Aaron Gershonowitz In the case of “You the Judge” The defendant was under the assumption that he was denied a promotion due to actions of his coworker the plaintiff because of an inappropriate screen saver that was sent to his computer. In the defense of the defendant this screensaver was completely inappropriate and the behavior from his coworker was not professional by any means and due to those actions alone she should have been reprimanded
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Case 1: Specific Performance Remedy Denied on Equity Standard Campbell Soup Co. v. Wentz et. al. UNITED STATES COURT OF APPEALS THIRD CIRCUIT 172 F.2d 80 (1949) OPINION BY: GOODRICH The transactions which raise the issues may be briefly summarized. On June 21, 1947, Campbell Soup Company (Campbell), a New Jersey corporation, entered into a written contract with George B. Wentz and Harry T. Wentz, who are Pennsylvania farmers, for delivery by the Wentzes to Campbell of all the Chantenay red cored
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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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