"Plaintiff" Essays and Research Papers

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Case Study 2 Procedural History The Plaintiff Wendling was originally awarded damages for the breach of an oral contract for the purchase and sale of cattle to the Defendants Puls and Watson by the Harvey District Court; which the Defendants turned around and later appealed. Both of the Defendants argued that the oral contract was unenforceable by law and the damages were also not calculated correctly. Facts Plaintiff Wendling, who was a farmer and stockman, met Defendant Puls, who was a cattle...

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Duress: Plaintiff and Contract

invalid, following lord denning’s decision in D&C builders V Rees and was developed in later cases such as the sibeon and sibotre and the Atlantic Baron. In this case the plaintiffs took delivery of the ships in name and 8 months later they sought to recover on the basis in inter alia, economic duress. It was held the plaintiffs action failed as the delay in seeking recovery amounted to affirmation of the contract and therefore lost the right to rescission. There is a difficulty in distinguishing...

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Sumerel v. Goodyear Tire & Rubber Company Case Study

and Kerry Dicke, and Bart Kaufman are all the plaintiffs and appellants since they are suing and also appealing the decision. The Good Year Tire & Rubber Company is the defendant and the appellees since they are being sued and contesting the appeal. History of the case: Bob and Sallie Sumerel, Steven and Ann Berzin, Dane and Kerry Dicke, and Bart Kaufman are suing Good Year due to a the defective manufactured hose that was installed in the plaintiffs’ heating systems in all their cars. Good Year...

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cause to the contrary defective notice

of the notice of demand sent by the solicitors of the plaintiff bank on 9 January 1988 and the subsequent statutory notice in Form 16D sent by the same party on 19 January 1988. The attacks mounted by the defendant company against the validity of the said notice of demand and the statutory notice in Form 16D are basically that (i) the sum mentioned in both the notices exceeds the actual sum owed and payable by the borrower and (ii) the plaintiff bank has not established their entitlement to default...

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Ponticas Versus Kms Investments

Parties: Plaintiff: The Ponticas Couple The Ponticas’ resided in an apartment complex owned by KMS Investments. On September 8th, 1978, a Stephanie Ponticas called upon the apartment resident manger to fix an appliance problem—a Dennis Graffice. Graffice noticed that Ms. Ponticas was alone and noted her husband was away on business, and on September 10th, entered into the property and violently raped and assaulted Ms. Ponticas. Graffice was later apprehended and convicted of his crime. The Plaintiff...

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Discrimination Complaint and Civil Litigation Process

discussed and the actions taken during counseling. A complaint must be filed with the agency that allegedly discriminated against the plaintiff within 15 days of receipt of the Notice of Final interview. The complaint must be a signed statement from the plaintiff or the plaintiff’s attorney. The agency must accept receipt of complaint in writing and inform the plaintiff of the date of which the grievance was filed and that the agency must investigate the grievance within 180 days of the filing date...

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Harrington & Nephew Case Study

the biscuit manufacturer and had caused a lot of noise and vibration on plaintiff premises, it was for twenty years. The plaintiff claimed for nuisance due to the noise and vibration which was an obstruction in the treatment of his patients. The court held that the defense of prescription was inapplicable as before the action was taken the interference did not constitute a nuisance as it did not affect the enjoyment the plaintiff had over his property an injunction was accordingly issued against the...

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PA110 complaint form unit3

THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS JUSTIN WILLIAM KING, ) ) Plaintiff. ) ) ) v. ) ) ANHEUSER-BUSCH COMPANIES, INC. ) ) Defendant. ) ____________________________________) COMPLAINT Comes Now the plaintiff, Justin King, by and through his attorney, states as follows: PARTIES AND JURISDICTION 1. Plaintiff, for all times mentioned herein, was and is a resident of Cook County, State of Illinois. 2. Defendant is...

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reasons for choosing a course

memoranda.  In an order dated December 14, 1988 (Annex C), the trial court granted TEFASCO's application for a writ of preliminary injunction. The dispositive portion of the order reads: "WHEREFORE, in view of the foregoing finding the evidence of the plaintiff, submitted for the purpose of the issuance of a writ of preliminary injunction, as well as pleadings submitted by both parties, in accordance with Rule 58, Sections 3 and 4 of the New Rules of Court, pending determination and adjudication of the...

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Wilson vs Pringle

V Pringle [1986] 2 All ER 440 The plaintiff and the defendant were two schoolboys involved in an incident in a school corridor as the result of which the plaintiff fell and suffered injuries. The plaintiff issued a writ claiming damages and alleging that the defendant had committed a trespass to the person of the plaintiff. In his defence the defendant admitted that he had indulged in horseplay with the plaintiff and on the basis of that admission the plaintiff applied for summary judgment under...

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