EWHC KB J17 The defendant had killed a man and was due to be hung for murder. He asked the claimant to do everything in his power to obtain a pardon from the King. The claimant went to great efforts and managed to get the pardon requested. The defendant then promised to pay him £100 for his efforts but never paid up. Held: Whilst the promise to make payment came after the performance and was thus past consideration‚ the consideration was proceeded by a request from the defendant which meant the
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of dispute may expand‚ but most of the time we’re talking about the same parties and circumstances- relating back By Defendant- Counter claims Rule 13‚ compulsory v. permissive counterclaims‚ both parties believe they are the plaintiff- determined by who gets to court first Leave behind process of joining claims between exact same parties Plaintiff sues one or more defendants‚ someone realizes that missing or not having the right party members Rule 20(a)- Persons who may join or be joined Mosley
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Espinosa Re: Could a complaint be dismissed due to failure to state claim upon relief in the state of North Carolina The issue that is presented is can Brad dismiss a claim because of failure to state claim upon relief. North Carolina state defendant motion was to dismiss the plantiff’s amended complaint in the case of Dawson v. Allstate Ins. Co.‚ 106 N.C. App. 691. The plantiff’s claim was dismissed for failure to state claim. Under “N.C.R. Civ. Pro. 12(b)(6)” supports that it can be dismissed
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C.A. No. 299 March 18‚ 1946 FELIX ADAN‚ plaintiff-appellant‚ vs. AGAPITO CASILI and VICTORIA ADAN‚ defendants-appellees. OZAETA‚ J.: The plaintiff Felix Adan commenced this action in the Court of First Instance of Camarines Sur against his sister Victoria Adan and the latter’s husband‚ Agapito Casili‚ to secure the judicial partition of the estate left by their deceased mother‚ Simplicia Nepomuceno‚ alleged to consist of six parcels of land which are specifically described in
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Ng Chew Hor (Ng. Fan & Associates) for the fourth defendant Vernon Ong Lam Kiat‚ JC GROUNDS OF JUDGMENT Affin Bank Berhad (the plaintiff) is suing Kumarasamy A/L Nadarajah (the 4th defendant) is on a guarantee for the sum of RM15‚550‚000.00 together with interests at 3.25% per annum above the Base Lending Rate on monthly rests from 1.2.2005 and costs. At the trial the plaintiff called Zakaria Bin Wan Saleh (PW1) a bank officer; the 4th defendant gave evidence in his own defence. The facts as disclosed
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The law places a limit upon the extent to which the defendant is liable for the loss which occurs from his breach of a duty of care to the plaintiff‚ once it is established that the loss sustained by the plaintiff is one recoverable in negligence. The test of remoteness of damage limits this liability by defining certain types of damage or losses as being irrecoverable as a matter of law. The test is carried out to protect the defendant in breach of their obligations from unusual or unexpected claims
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recognition of a duty of care in a number of diverse situations‚ making it easier for a victim to establish a case. Lord Wilberforce therefore enunciated his two-stage in Anns v Merton London Borough: 1) was the loss a foreseeable consequence of the defendants act‚ and 2) if the answer is yes‚ are there any other considerations to limit the scope of the duty. However‚ this was later rejected in Murphy v Brentwood District Council‚ and further classified that the courts would now only impose a duty of
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inadmissible unless it is not in their own interest • Chappel v Hart is not allowed under this provision s 5D(2) Exceptional case if you cannot get over the hurdle of 5D(1) • Need to establish why and whether it is reasonable to impose liability on the defendant Remoteness Remoteness as a checkpoint of the scope of the defendant’s liability is defined
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Kaplan University | Thurman Law | Professor Underwood-Criminal Law | | Tari | 1/17/2012 | Tracey Thurman was a Connecticut housewife who survived beatings from her husband and went on to introduce Thurman Law‚ which made sure that police officers acted on all calls of domestic abuse. Tracey also sued the City of Connecticut for not doing their job pertaining to her calling the police to come help her when her husband‚ Charles Thurman‚ was threatening her life. | In 1982‚ Tracey
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Winfield can be interpreted as an act of the defendant which causes to the plaintiff reasonable apprehension of the infliction of the battery on him by the defendant. There are four elements which needs to be established before saying that person is committing an assault which are the defendant state of mind‚ reasonable apprehension‚ immediate action and capacity to carry out the act.1 The first element is the defendant state of mind. The defendant must intend to do the act‚ with the intention
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