"Defendant" Essays and Research Papers

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In order to take legal action against Samseng under assault, the issue must first be fulfilled the elements of assault. The first element of assault is the mental state of the defendant. In this case, the defendant has the intention to commit the assault on Nona. The intention of the defendant is specific as when the defendant acted, he intended to cause apprehension of harmful or unwanted contact which is the act of pointing a gun to Nona’s head while threatened to blow off her head. This element...

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Plg-101-1301: Torts & Personal Injury

denying their employees negligent actions. Plaintiff must show proof of four elements, in order to win a claim against the Defendant. The elements are as follows: 1. Basic Duty 2. Breach of duty 3. Cause 4. Harm Defendant, had the basic duty to prevent outside vehicles from entering the danger zone during, their dangerous explosive activities. Defendant breached their duty when one of their employees fell asleep during their shift, leaving opportunity to allow entrance to...

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de Castro, and defendants, John Vastola and Joan Vastola, entered into a contract for the sale of 136 East Cliff St., Somerville. The final date was scheduled for June 15, 2004. On June 14, 2004, defendant’s real estate attorney wrote plaintiff’s attorney stating that defendants had elected not to proceed to convey title. Plaintiff’s contended that the difference in the financing costs they experience because of the delay should be presented as damages because the breach by defendants will result in...

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Final Assignment

) Defendant, ) JOINT PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE NOW COMES Plaintiff, John Doe, without council and defendant, Sally Doe, without council and hereby petition this honorable court for dissolution of the marriage between Plaintiff and Defendant. In support of this petition for Dissolution of Marriage the parties state as follows:...

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Case Digest

the Philippines SUPREME COURT Manila EN BANC G.R. No. L-12342 August 3, 1918 A.A. ADDISON, plaintiff-appellant, Vs. MARCIANA FELIX and BALBINO TIOCO, defendants-appellees. FACTS: By a public instrument dated June 11, 1914 plaintiff Addison sold to the defendant Marciana Felix and husband Balbino Tioco, 4 parcels of land. Defendants paid, at the time of the execution of the deed, the sum of P3,000.00 on account of the purchase price, and bound herself to pay the remainder in installments...

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CAse Digest

reserve sufficient property to pay all debts contracted before the donation. FACTS Gutierrez Hermanos filed an action for recovery of a sum of money against Oria Hermanos & Co. and herein plaintiff filed an action for recovery also for the same defendant. Before the institution of the suits, members of the Company dissolved their relations and entered into liquidation. Tomas Oria y Balbas acting in behalf of his co-owners entered into a contract with the herein plaintiff for the purpose of transferring...

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Case Brief

(league) and were sponsored by the Amateur Softball Association Inc. (ASA). The games were played on a softball field that was owned by defendant Martel-Roberge American Legion Post #47 (American Legion). The teams were sponsored by defendant Daniel’s Sports Bar and Grill (Daniel’s) and defendant Thompson Imports (Thompson) who also provided t-shirts for the players. Defendant Bollinger Fowler Company (Bollinger) provided liability insurance for the league, ASA, the American Legion, the Daniel’s team and...

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Tort Law : Causation

The aim of tort law is to compensate the claimant and to deter defendants' discuss whether the rules of causation and remoteness of damage fulfil this aim. The rules of causation state that the claimant has to prove that the defendants breach of duty was the factual cause of material damage, when considering the facts of Barnett v Chelsea & Kensington Hospital Management Committee (CKHMC) where the claimants husband became ill after drinking tea which had arsenic, when taken to hospital, the doctor...

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law law

The letter was received and delivered late to Ann on thursday and the clock was already sold to Carol who is a clock enthusiast within the time that Ann gave to Beth to consider the offer. Like in the Adams v Lindsell (1818) case, where the defendants made an offer by letter to the claimant on 2nd September requiring an answer ‘in course of post’. It reached the claimant on 5th September and they immediately posted a letter of acceptance which reached late on 9 September. They assumed that the...

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How Does Aristotle’s Ideas on Justice Influence the American Judicial System?

plaintiff and a defendant, was brought to the West Roxbury District Courthouse in Jamaica Plain, Massachusetts in March of 2001 due to the defendant’s negligence. The plaintiff argued that a wrong was committed and the defendant caused subsequent damage to her vehicle. The plaintiff had purchased the vehicle from the defendant in April of 2000. In November of 2000, the plaintiff brought her vehicle back to the defendants dealership to have some warranty work completed. The defendant agreed to fix...

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