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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husband Cecilio Saldajeno‚ Leon Garibay‚ Timoteo Tubungbanua‚ and the Provincial Sheriff of Negros Occidental‚ (defendants) Margarita G. Saldajeno and her husband Cecilio Saldajeno‚ defendants-appellants. Nature: An appeal to the Court of Appeals from the judgment of the Court of First Instance of Negros Occidental in Civil Case no. 5343. Facts: * January 30‚ 1951 - the defendants entered into a Contract of Partnership under the firm name "Isabela Sawmill." * April 25‚ 1958 - an action
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stop. At some point‚ Jerry lost control of the vehicle while making a left turn resulting in the truck turning over and seriously injuring Susie. After the incident Susie filed a complaint against the City of Elsewhere‚ Officer Ruthless‚ and other defendants‚ alleging that the City and the Police were negligent and therefore liable for her injuries. The main issue is to prove if the City and Officer Ruthless are liable for Susie’s injuries‚ due to the simple fact that Officer Ruthless ordered Susie
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Parit Buntar. B may sell the provisions at Taiping‚ if they will not bear the journey to Parit Buntar without spoiling.” In the case of Great Northern Railway v Swaffield‚ the railway company ( plaintiff ) had been untrusted to deliver horse of the defendant to a destination. However‚ when it reached
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Individually and as Fiduciary of the Estate of David Holla‚ Plaintiff vs. Philip Morris Incorporated‚ et al.‚ Defendants Case No. 1:97 CV 00667 B. the name of the court which decided the case (3 points); United States District Court For The Northern District Of Ohio‚ Eastern Division C. the year of the decision (2 points); 1998 D. the facts of the case (5 points) Defendants‚ tobacco company‚ tobacco institute‚ tobacco research firm filed a motion before the court to dismiss the amended
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Question: Nur Aini‚ a highly stressed-rich widow‚ was enticed into joint a group as a Way of Life (PAWOL) by Alias‚the leader of the group. Alias promised Nur Aini that by transferring‚ all her wealth to him‚ he would ensure that she is cleansed of all evil and would not be burden with any worldly problems. Believing his words‚ Nur Aini transferred all her wealth to Alias and stayed together other followers. Two years after joining the group‚ Nur Aini realized that she had been tricked into parting
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case make for a great story. The baseball bat was broken from the outset when it was bought by the plaintiff. Therefore‚ the defendant should have to return the baseball bat and pay the money back to the plaintiff that plaintiff paid for said bat. The plaintiff bought a baseball bat from the defendant and the baseball bat turned out to be broken since as soon as the defendant used the bat to play baseball‚ the bat shattered into a million pieces. Shattering into a million pieces certainly violates
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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY‚ FLORIDA HOWDY GOODNEIGHBOR‚ Plaintiff‚ v. GIANT HERCULES‚ Defendant. ______________________________________/ CASE NO. 09-CF-87654321 PLAINTIFF’S INTERROGATORIES TO DEFENDANT 1. What is your full name as well as your current address; date of birth; marital status; driver’s license number and issuing state; and the last four digits of your social security number? 2. What is the name
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damage to another person’s persona. Elements of a delict before a court will grant damages are: Act of conduct: The plaintiff must prove that the defendant made a false representation Wrongfulness: which he knew to be false Damage: the plaintiff must have suffered‚ or be likely to suffer loss Causality: because of the false representation Fault: the defendant must have intended to cause the plaintiff such loss There are different types of delicts‚ but for this assignment‚ we will be focusing on defamation
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[2010] MLJU 1597 The plaintiffs are suing the 3rd to 11th defendants who are shareholders in Syarikat Wakuba Sdn. Bhd. for specific performance under an agreement to purchase all shares of the 2nd defendant and for damages and other reliefs. The 1st defendant is sued because he is holding a piece of land held under Lahad Datu Provisional Lease on trust for the 2nd defendant. A Power of Attorney Kota Kinabalu had been given to the 3rd defendant to manage and deal with the land. A title term prohibits
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