Adams v Lindsell (1818) The defendant wrote to the claimant offering to sell them some wool and asking for a reply ’in the course of post’. The letter was delayed in the post. On receiving the letter the claimant posted a letter of acceptance the same day. However‚ due to the delay the defendant’s had assumed the claimant was not interested in the wool and sold it on to a third party. The claimant sued for breach of contract. Held: There was a valid contract which came in to existence the moment
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to describe an individual ’s state of mind unless he or she has committed a serious criminal offense. The claim of a defendant in a criminal prosecution is that he or she was insane when the crime was committed‚ and therefore should not be held accountable. As William H. Reid said in his article in the Journal of Psychiatric Practice‚ “ The point is not what diagnosis the defendant has‚ but how it affected his or her ability to do certain things at the time of the allegedly criminal act.” (Journal
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defender appointed to your case. If it is determined that you make over the predetermined amount set then the only choice left is to start your search for a private defense attorney. Some defendants qualify for a public defender but due to the statics they choose to hire a private attorney‚ more often than none defendants go into extreme debt but who can put a price on freedom? The primary job of a criminal defense attorney is to represent his/her client who is suspected in committing some sort of crime
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The (Plaintiff) Johnny Singstealer is seeking the sum of $1 million from the (Defendant) Bobby Bandleader‚ for alleged copyright abuse of the song “Happy Birthday to You”. The (Plaintiff) Johnny Singstealer is the copyright holder to the said song. The (Defendant) Bobby Bandleader is a Bistro owner who performs the song in an altered version (his own words are used) to his customers on their birthdays and have been doing so for the past twenty years without obtaining any licensing or permission
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that defendants can reap from plea bargaining is that they can save a bundle on attorneys’ fees‚ assuming they are represented by private counsel. It almost always takes a lot more time and effort to try a case than to negotiate and handle a plea bargain‚ so defense counsel typically charge a much higher fee if the case goes to trial. There may also be other benefits for defendants who plead guilty or no
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v Barnet Instruments Ltd (1945) 1 KB 65; (1944) 2 All ER 579 1953 1 MLJ 239 at 240 CLAIM FOR CHATTELS WRONGLY DETAINED NN Leicester for the plaintiff. David Marshall for the defendant. WHITTON‚ J The facts and arguments appear sufficiently from the judgment. The plaintiff met the defendant‚ a married woman who had been separated from her
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as intentional‚ negligent‚ or strict liability. * Negligent Torts occur when the defendant acts in a way that subjects other people to an unreasonable risk of harm * Strict-Liability Torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely‚ no matter what precautions the defendant takes * Intentional Torts occur when the defendant takes an action intending certain consequences or knowing they are likely to result
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the intoxication os voluntary‚ a person should not be excused from their actions. This is because that person is responsible for being in the state of intoxication that impairs their judgement. Intoxication‚ however‚ can be used to show that the defendant could not form he necessary mens rea for the offence with which he has been charged. In that sense‚ it can provide a defence. The law distinguishes between voluntary and involuntary intoxication and the effect that has on different offences‚ the
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rightfully accused allowing them a lighter sentence; however‚ if wrongfully accused‚ it could afford them their freedom. A plea bargain is an agreement in a criminal case where a prosecutor and a defendant arrange to end the case against the defendant before it goes to a judge or jury trial. The defendant agrees to plead guilty to a more minor offense than charged or to a smaller number of offenses than charged in exhange for a more leniant sentence or fine. Since the early 19th century‚ plea bargaining
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MO. (2012) Facts: The defendant was stopped by a Missouri state highway patrolman for speeding and during this stop the trooper noticed that the defendant was displaying all the tell-tale signs of being intoxicated; blood shot eyes‚ slurred speech‚ and the smell of alcohol on his breath. This stop then changed from being a speeding stop to a DWI investigation. The trooper had the defendant get out of his truck and perform standard field sobriety tests. The defendant did poorly on the test so
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