• LS311_Assignment2-Unit2
     Case Study: Baker v Osborne Development Corp. LS311-01: Business Law May 26, 2014 Case Study: Baker v Osborne Development Corp. Thomas Baker and others who purchased new homes from Osborne Development Corp. sued for multiple defects in the houses they purchased...
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  • Business Law Unit 2 Case Study
    Unit 2 Case Study: Baker v Osborne Development Corp. Name Kaplan University LS311-01: Business Law Professor Starcher December 13, 2012 When Thomas Baker and other homebuyers purchased their properties from Osborne Development Corp., they may not have know that if there...
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  • Torts Briefs
    woman who lures their father away from their family. Facts. The mother of five minor children, brings this action on behalf of her children and in her own right alleging that a women lured her husband away by providing him with "a finer home, sexual charms, and other inducements." The Appellant...
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  • Law- Case Study
    may not take this to court. More specifically, Thomas Baker and others may not sue the builder in court but they could still dispute the scope of arbitrable issues stating they do not involve defects within the house. Now a similar case of disputing the scope of arbitrable issues was NCR Corp v...
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  • Law of Tort and Law of Contract Essay Needed
    negligently approved design of foundations in new housing development, plaintiff noticed serious defects in foundations, unable to afford repairs, sold house for £500 less than it would be if it were structurally sound, unsuccessfully sued to recover that amount - Lord Bridge: - If manufacturer...
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  • Product Liability Law
    had been swept aside. Now, a person injured by a defective product could sue the manufacturer for negligence even if he had purchased the product from another person. If someone gets hurt by a product then it should not matter who owns it only why they got hurt and how can we fix it. Throughout...
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  • Business Law
    Facts:Roscorla purchased a horse from Thomas. After the contract was completed, Roscorla demanded a promise from Thomas that the horse was healthy. The promise was given and later it was found that the horse was sick. Roscorla sued for breach of contract. Decision: There was no consideration because the...
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  • Baker V Osborne
    Running Head: Baker v Osborne Development Corp. Case Study Unit 2 Baker v Osborne Development Corp. Bonnie Leipold LS311-37COBL Business Law Kaplan University March 12, 2013 In the case Baker v Osborne Development Corp., Baker would be able to sue the builder since the court ruled the...
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  • Commercial Law
    quality: ------------------------------------------------- s19 (2): if goods are bought by description from seller who deals in goods of that description there is implied condition goods are of merchantable quality provided that if buyer examined goods there is no implied condition as re: defects...
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  • Sojourner Truth
    from another plantation named Thomas, and they had five children together ("Sojourner"). Eventually a couple named Maria and Isaac Van Wagenen bought Sojourner Truth from Dumont and granted her freedom. The article titled "Sojourner Truth" stated that "as the date of her release came near, she realized...
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  • Outline: Civil Procedure
    jdx to testify in unrelated cases, but no protection for parties themselves (since they are self-interested) and witnesses who appear voluntarily w/o subpoena. Lamb (1932) [D denied immunity since proceeding was closely related to that for which he was served.] e. Other developments on...
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  • Property Law Outline
    value for the period husband occupied the property after the separation, claiming he ousted her. Issue is whether, in partition actions, the rules regarding notice of ouster from a former marital home must be applied differently for cotenants who are former spouses than for other cotenants. b. Held...
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  • Contract Law Final Exams Notes
    defaults within five years from date of purchase. * Wigan then refused to fix other defects. * Edwards sued for breach of contract. * Wigan argued that no consideration had been provided to support his promise to rectify the defects in the house. Issue: Was consideration provided by...
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  • Case Overview Ch 1-7
    new tests, then, irrespective of contract, the manufacturer is dutybound to make it carefully.  If he is negligent, where danger is to be foreseen, liability will follow.  Although the wheel was not made by the defendant Buick, and was purchased from another manufacturer, its defects were easily...
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  • Contract Notes
    the evidence establishes that the offeree was not in fact acting on faith of the offer. * Subjective method: looked at actual intentions over apparent ones. Almost indistinguishable from the objective approach. Acceptance by someone other than offeree * Boulton v Jones (1857): B bought...
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  • Products Liability Outline
    purchaser’s shoes to obtain the benefits of whatever warranties flowed to him by virtue of his contract. c.i. Those who live in purchasers home, employees could sue. Lukwinski v. Stone Container Corp. Facts: P Lukwinski appeals order of the circuit court, he was a delivery truck driver, he was...
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  • Business Law
    as consideration. The actual value of the consideration is not something the courts can refer to. Thomas v Thomas: T wished W to live in his house after his death (not consideration). Executors agreed to let her stay at £1 annual rent (consideration recognised). Consideration must move from the...
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  • Duty of Care
    ; Sparham-Souter v Town and Country Developments (Essex) Ltd [1976] 2 All ER 65 approved; Higgins v Arfon Borough Council [1975] 2 All ER 589 overruled. Per Curiam. (i) A builder who is also the owner of a house is not immune from liability in negligence for defects in the building to a person...
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  • Business Law
    , there is an express contract created. Example:- Thomas v. Thomas – Case Brief Facts: On the morning of his death John Thomas orally expressed a desire for his wife to have either the house used as their residence and its contents or 100 pounds, in addition to the other provisions made for her in...
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  • Case Law Nebosh
    ] - Employer showed that the equipment had been bought from a reputable supplier and that the injury was caused by a hidden defect over which they had no reasonable control - This was sufficient to discharge their duty - This decision has since been overruled by statute law by the employers liability...
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