Plaintiff Essays & Research Papers

Best Plaintiff Essays

  • Duress: Plaintiff and Contract - 728 Words
    Duress is an element of force either physical or economic, which is used to override on parties freedom to choose to enter into a contract. Under such circumstances the contract is voidable at the instance of the innocent party. Its application used to be restricted to contracts entered into as a consequence of a threat. Originally it was held that the threats to person’s goods could not amount to duress, but a doctrine of economic duress has now been developed by the courts. The effect of...
    728 Words | 2 Pages
  • CHARLES F. WOODHOUSE, plaintiff-appellant, vs. FORTUNATO F. HALILI, defendant-appellant.
    Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-4811 July 31, 1953 CHARLES F. WOODHOUSE, plaintiff-appellant, vs. FORTUNATO F. HALILI, defendant-appellant. Tañada, Pelaez & Teehankee for defendant and appellant. Gibbs, Gibbs, Chuidian & Quasha for plaintiff and appellant. LABRADOR, J.: On November 29, 1947, the plaintiff entered on a written agreement, Exhibit A, with the defendant, the most important provisions of which are (1) that they shall...
    9,969 Words | 29 Pages
  • Guide to Complaints Handling - 17949 Words
    EFFICIENCY UNIT VISION & MISSION Vision Statement To be the preferred consulting partner for all government bureaux and departments and to advance the delivery of world-class public services to the people of Hong Kong. Mission Statement To provide strategic and implementable solutions to all our clients as they seek to deliver people-based government services. We do this by combining our extensive understanding of policies, our specialised knowledge and our broad contacts and linkages...
    17,949 Words | 63 Pages
  • Written statement- Moot Court
    IN THE COURT OF 1st CLASS CIVIL JUDGE, LAHORE The Aga Khan Hospital and Medical College Foundation VERSUS Mr. Bashir Ahmad WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT Respectfully Sheweth: Preliminary Objections 1. That the Plaintiff has not properly authorized Mr. Sherali Razwani S/O Ferozeali Razwani and Mrs. Shagufta Shamsuddin Hassan W/O Shamsuddin Sadruddin Hassan to file this suit. Hence, the Plaint is liable to be dismissed. 2. That the plaint is defective on the...
    437 Words | 2 Pages
  • All Plaintiff Essays

  • Principles For Implementing Duty Of Care In Health And Soical Care Or Childern S And Young People S Settings
    Principles for implementing duty of care in health , soical care or childern and young people settings. 1.1 Explain what that it means to have duty of care in your own work role. To have duty of care in my work role means when you work with childern and young people I have the responsibillity to uphold their rights, promote interests, ensure 'safe practice' within the work place and to protect the child or young person's health, safety and wellbeing. Duty of care is a legal term which means to...
    1,333 Words | 4 Pages
  • The People of the State of New York V. Howard Sohn, 43 A.D. 2d 716, 350 N.Y.S 2d 198 (1973)
    Alexandra Trogisch September 4, 2006 Legal Research and Writing Annamaria Maciocia, Esq. Citation: The People of the State of New York v. Howard Sohn, 43 A.D. 2d 716, 350 N.Y.S 2d 198 (1973) Procedural History: This is an appeal by the defendant from a judgment of the Supreme Court, Queens County, rendered February 14, 1973, convicting him of assault in the second degree, after a nonjury trial, and sentencing him to probation for five years. Facts: The...
    522 Words | 3 Pages
  • Courtroom Oberservation - 612 Words
    Running head: Courtroom Observation Courtroom Observation Tracy D. Camden Liberty University BUSI 301 Robert Martin April 23, 2011 Courtroom Observation This court case took place in United States District Court in the Northern District of Indiana. This is court case number 82A04-8876-CB285, White vs. Patrick Gibbs and O’Malley’s Tavern. The lawyers in this case are Benjamin Walton, xxxxx Van Meter who represent the defendants Patrick Gibbs and O’Malley’s Tavern and...
    612 Words | 2 Pages
  • Nepomuceno vs Heredia Digest
    Nepomuceno vs Heredia G.R. No. 3298 February 27, 1907 FACTS: The defendant is the business adviser of the plaintiff, Marciana Canon and about the same time, Felisa Nepomuceno, the other plaintiff, had an unsecured debt due her of 500 pesos from one Marcelo Leaño. The debtor proposed to give her a deed of conditional sale to a certain tract of land in consideration of 2,000 pesos, she to be credited with 500 pesos on the purchase price and that to advance the balance of 1,500 pesos; that...
    292 Words | 1 Page
  • McCormack & McAuliffe v. Campus Crest Group, L.L.C.
     McCormack & McAuliffe v. Campus Crest Group, L.L.C. LeTourneau University Business Law – Sanders Heather McCormack & Nicole M. McAuliffe v. Campus Crest Group, L.L.C. (including business subsidiaries) United States District Court, W.D. North Carolina, Charlotte Division Campus Crest is a major developer in the United States that builds and manages multiple properties on College campuses throughout the country. The firm has locations...
    1,500 Words | 4 Pages
  • Class Action Lawsuits - Walmart
    Jay Laub December 8, 2010 Business law I Class Action Lawsuits Class action lawsuits, sometimes called “multiple litigation lawsuits”, can be used when many individuals have been injured by the same product or action of a single defendant. The individuals can come together to seek justice when “their injuries have been cause by defective products, including pharmaceutical drugs, motor vehicles and other consumer products, and medical devices. Other types of conduct over which people have...
    1,440 Words | 4 Pages
  • principles of implementing duty of care
    Principles for implementing duty of care Outcome 1 Understand how duty of care contributes to safe practice. 1.1 Explain what it means to have a duty of care in own work role. Duty of care is to keep the service users safe from harm, to put the services user’s interests / beliefs first treating them with dignity and respect. 1.2 Explain how duty of care contributes to the safeguarding or protection of individuals. Duty of care contributes to safe guarding or protection of individuals as...
    498 Words | 2 Pages
  • Singson vs. Sawmill - 1703 Words
    Jerold I. Saddi SP LAWBUS 34 Case Summary Manuel G. Singsong, Jose Belzunce, Agustin E. Tonsay, Jose L. Espinos, Bacolod Southern Lumber Yard, and Oppenm Esteban Inc., (Plaintiffs-Appellees) VS. Isabela Sawmill, Margarita G. Saldajeno and her 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...
    1,703 Words | 6 Pages
  • A Civil Action - 511 Words
    “A Civil Action” by Jonathan Harr What is the difference between a criminal and a civil case? Criminal cases require that a verdict be made without a “shadow of doubt,” but in civil cases that is not the case. Professor Nesson in “A Civil Action” states that civil cases only need around 51 percent to determine liability. This book was a very interesting read because it takes us through the different parts of a civil trial and how the case even got started. It is especially important to...
    511 Words | 2 Pages
  • Courthouse Visit - 901 Words
    Courthouse Visit My visit to the courthouse went mostly as expected. It was dry and hard to follow since the case is ongoing and it was not like anything portrayed by Hollywood. I was one of the few who stayed throughout the entire trial until the judge recessed the court until August 7, 2014. Being on trial or even being a witness does not look like an enjoyable experience which is why, after experiencing a civil trial, ...
    901 Words | 2 Pages
  • Complaints in Health and Social Care
    COMPLAINTS IN HEALTH AND SOCIAL CARE Standards & Guidelines for Resolution & Learning 1 April 2009 SUMMARY Complaints in Health and Social Care: Standards and Guidelines for Resolution and Learning replaces the existing HPSS Complaints Procedure 1996 and provides a streamlined process that applies equally to all health and social care (HSC) organisations. As such it provides a simple, consistent approach for staff who handle complaints and for people raising complaints across all...
    19,500 Words | 105 Pages
  • Westlaw Summary - 520 Words
    Contributory Negligence Summary in Culpepper v. Weihrauch KG, ETC.Civil Litigation PA 110 October 15, 2014 Contributory Negligence Summary in Culpepper v. Weihrauch KG, ETC.UNITED STATES DISTRICT COURT, M.D. ALABAMA, NORTHERN DIVISION Culpepper V. Weihrauch KG, ETC. No. Civ. A. 96-T-1254-N November 5, 1997 On August 12, 1996, Plaintiff, Ann Culpepper, filled action against defendant, Hermann Weihrauch KG, ETC., seeking damages for injuries she sustained after an accidental shooting from...
    520 Words | 2 Pages
  • understand and meet the nutritional requirements of individuals with dementia
    CT236- Principles for implementing duty of care in health, social care or children’s and young people’s setting. 1. Explain what it means to have a duty of care in own work role. -Person centred care. -Working within policies and procedures -Working within rules and regulations -Giving each individual their own privacy/dignity. -Making the individuals have their own independence, try to get them to do things themselves if they are capable of doing it. -Team work, working part as a...
    894 Words | 3 Pages
  • Small Track, Fast Track, Multi Track
    Alan wishes to sue Ben for £12,500 for a breach of contract. Advice Alan of the court to be used to commence the claim and the track to which the claim will be allocated. How would your advice be different if the claim was for £72,500?  Small Claim Track  Fast Track  Multi - Track Alan should use The County Court to commence the claim of suing Ben for £12,500 for a breach of contract. The track in which the claim should be allocated is the Fast Track Claim. This is because the claim is...
    627 Words | 2 Pages
  • Firac Case - 3120 Words
    CASE 1 of 5 Donnelly v. Rees 141 Cal. 56, Cal. 1903. November 6, 1903 FACTS: An action may be maintained by the sole heir of a deceased person to set aside a deed procured from the deceased without consideration by the fraudulent practices of the defendants and their undue influence over the deceased, who was known to be an habitual drunkard for more than five years before the execution of the deed, to anextent seriously to impair his mind, and who was so intoxicated at the time as to render...
    3,120 Words | 8 Pages
  • The Legal System and ADR Analysis Lewis Heather 5
    Running head: THE LEGAL SYSTEM AND ADR ANALYSIS 1 The Legal System and ADR Analysis Heather Lewis LAW/531 May 11, 2015 Ms. Herndon MEMORANDUM TO: Ms. Herndon FROM: Heather Lewis DATE: May 11, 2015 SUBJECT: River Oaks Shopping Center Pollution Lawsuit CC: Classmates Facts: Mr. LeRoy Melcher was well-known in the Houston real estate market in the 1950’s. He was also known for his philanthropy and donated large sums of money to local...
    859 Words | 3 Pages
  • Case Digest - 867 Words
    OPOSA vs. FACTORAN 224 SCRA 792; G.R No. 101083; 30 Jul 1993 FACTS: The principal petitioners are all minors duly represented and joined by their respective parents. Impleaded as an additional plaintiff is the Philippines Ecological Network, Inc (PENI), a domestic, non-stock and non-profit corporation organized for the purpose of, inter alia, engaging in concerted action geared for the protection of our environment and natural resources. The original defendant was the Honorable Fulgenicio...
    867 Words | 3 Pages
  • Foreign Capital - 1663 Words
    Mewar Textiles Mills Ltd. Vs Sita Ram Basanti Bai Jain Introduction The case we are discussing about is Mewar Textiles Mills Ltd. Vs sita ram basanti jain in which sita ram is an agent who was working for mewar textile mills Ltd. Which is the respondent of this case .in this particular case the plaintiff pleads that he has provided his services which are not being treated well . the plaintiff dispatches some wagons of coal as an agent to the textile mills at a price of 11936/78 paisa ....
    1,663 Words | 4 Pages
  • Opinion Writting - 2216 Words
    IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION Claim No. BETWEEN (1) MR GEORGE WATKINS (2) CHESTERFIELD DEVELOPMENTS PLC Claimants AND (1) MR JOHN ARMSTRONG (2) MRS PATRICIA ANNE ARMSTRONG Defendants...
    2,216 Words | 7 Pages
  • KILARJIAN v. VASTOLA - 643 Words
    Citation: KILARJIAN v. VASTOLA, 877 A.2d 372 (2004), Superior Court of New Jersey, Chancery Division, Somerset County. Decided December 17, 2004. Facts: On March 18, 2004, plaintiff’s, Carol Kilarjian and Dave 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...
    643 Words | 2 Pages
  • Lang v Morrison - 283 Words
    In Lang v James Morrison & Co Ltd (1912) 13 CLR 1, an action was brought by an English company, James Morrison & Co Ltd, against three defendants, J McFarland, T Lang and W Keates. The plaintiffs carried on the business of receiving and disposing of frozen meat from abroad. They alleged that the three defendants carried on business in Melbourne as partners under the names ‘T McFarland & Co’ and on occasions ‘McFarland, Lang and Keates’. Before the action commenced, J McFarland and W Keates...
    283 Words | 1 Page
  • cause to the contrary defective notice
     According to Gopal Sri Ram in the case of Low Lee Lian v Ban Hin Lee Banking, the second category where the ‘cause to the contrary’ might be established is where the chargor could established that the chargee had failed to meet the conditions precedent for the right to seek order for sale. The first circumstances where the aggrieved person can say that the chargee fails to meet the conditions to seek the order for sale is when the statutory notice of demand served was defective or...
    1,335 Words | 4 Pages
  • Mock Memo-Firac - 281 Words
    James, Leslie, & Kale, LP Memo To: Supervising Attorney From: Amber Blanton Date: 5/16/2012 Re: Samantha Smith Fact: Samantha Smith slipped and fell on spilled shampoo in the aisle at the grocery store in question. After we filed our complaint with the courts; the store alleges that Ms. Smith had a duty to avoid the spillage, but was too distracted by her son to notice. The store feels that Ms. Smith is just as much responsible as they are. Issue: Is it equal responsibility on both...
    281 Words | 1 Page
  • dgdfh - 14207 Words
    (Slip Opinion) OCTOBER TERM, 2010 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus WAL-MART STORES, INC....
    14,207 Words | 52 Pages
  • Canon 16-19 - 30634 Words
    Canon 16 THIRD DIVISION [A.C. No. 6651. February 27, 2006.] EDUARDO P. MENESES, complainant, vs. ATTY. RODOLFO P. MACALINO, respondent. DECISION CARPIO, J : p This is a complaint for disbarment filed by Eduardo P. Meneses ("complainant") against Atty. Rodolfo P. Macalino ("respondent") for violation of the lawyer's oath. The Facts Complainant alleged that sometime in March 1993, respondent offered his legal services to complainant to help secure the release of complainant's car from the...
    30,634 Words | 81 Pages
  • Malaysian Tort Trespass - 1958 Words
    ASSIGNMENT TORT The liability involved is trespass to person which consists of assault, battery and false imprisonment. The first issue is whether the act of Alice showing her fist to Robert constituted to assault. Assault is according to 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...
    1,958 Words | 5 Pages
  • Damages and breach of contract - 2481 Words
    Damages and Breach of Contract This paper aims to discuss and examine the case law, Wrotham Park Estate Co Ltd v Parkside Homes Ltd. and analyse the reasons why Brightman J in this case believe that there will be unjust if the nominal sum is awarded to the plaintiffs. The measure of damages (restitution interest/remedy(remedy Campbell,restitution for breach of contract) and damages in lieu of injunction will also be explained. Furthermore, the relevant case laws will be included. Before...
    2,481 Words | 6 Pages
  • Homework Case - 375 Words
    A. The name and citation of the case (5 points) John Hollar, 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...
    375 Words | 2 Pages
  • Defense Strategy - 657 Words
     Defense Strategy PA 110: Civil Litigation Iflah Sheikh In part one of my research strategy, I definitely had to do my research. I went ahead and used Westlaw, and I wasn’t really familiar with how to use it at first. I went ahead and played around for a little bit until I got the hang of it. For the very first step, I clicked on the top bar saying law. That took me on a page where I can put in some keywords and select from any case in the 50 states. At first, the...
    657 Words | 2 Pages
  • walmart - 942 Words
     LAW580 Individual Assignment Case Review of Prohibition on Companies Purchasing Their Own Shares Name: Nabila Veronica Soh ID: 2011874814 Group: LWB06H Tutor: Pn. Nadia Omar Case Summary : AHT Properties Sdn. Bhd. & Ors v Tan Yee Hee & Ors [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...
    942 Words | 3 Pages
  • lizzy nvq 3 - 1515 Words
     1 Unit SHC 34: Principles for implementing duty of care in health, social care or children’s and young people’s settings Understand how duty of care contributes to safe practice Explain what it means to have a duty of care in own work role SHC 34 1.1 Having a “duty of care” means it is my responsibility to provide care and support to individuals within the policies and procedures and agreed ways of working as set out by my employer and within the law. It is about avoiding injury and...
    1,515 Words | 6 Pages
  • Complaint for Smith Case - 332 Words
    FAYETTE CIRCUIT COURT C. A. NO. ______________ ANDI SMITH and PLAINTIFFS LEE SMITH vs. COMPLAINT J.J. THOMPSON DEFENDANT ** ** ** ** ** Come the plaintiffs, Andi Smith and Lee Smith, by counsel and for their Complaint against the defendant, J.J. Thompson, states as follows: COUNT I 1. That at all times complained of herein, the plaintiffs, Andi Smith and Lee Smith, were residents of Fayette County, Kentucky. 2. That at all times complained of herein, the...
    332 Words | 2 Pages
  • tort - 599 Words
     It should be seen that the courts do not always mark out the bounds of duty to limit the responsibility of the defendant, they sometimes do it to protect the interests of someone who has suffered a loss. However it is important for the courts to limit the responsibility of the defendant due to the ‘floodgates problem’. What is more, the courts sometimes treat certain groups of defendants leniently by limiting their liability in some cases. On one hand, the courts draw a line to mark...
    599 Words | 2 Pages
  • litigation assignment 5 - 475 Words
    Diane Espinosa Assg5 1) Memorandum To: Attorney From: Diane 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....
    475 Words | 2 Pages
  • Law Brief - 762 Words
    Law Brief Assignment Case: Fans v. New York Highlanders Inc. Facts: The New York Highlanders are building a new stadium, offered a first come first serve season ticket special. In order to be eligible, buyers would have to pay a $10,000 licensing fee which would guarantee a specific seat as identified in a stadium seating diagram. About 10,000 fans signed up and sent in their seating choices at the 50 yard line (the most desired seats) and received confirmation from the Highlanders that their...
    762 Words | 2 Pages
  • Assignment 205 Introduction to Duty of Care in
    Assignment 205 introduction to duty of care in Health, social care or children’s And young people’s settings Task B Case Study Case Study One You are a support worker for Mrs Ahmed who is 89, physically frail and lives alone. She has diabetes. Mrs Ahmed wants to eat foods that are not suitable for her medical condition, and asks you to shop for her as she is not able to get the shop herself. Bi Describe the difficulties for you in exercising your duty of care and upholding Mrs...
    492 Words | 2 Pages
  • Froogle V. Mary Ccp 410.10
    Relevant Facts Our Client, Froogle (“Froogle”) has retained our firm to file suit againt Mary, a small manufacturer and retailer of downhill snow skis. Froogle and Mary signed an agreement in January of 2012. On or about March 15, 2012 Froogle discovered that Mary had breached several of the terms of their agreement. We filed suit in Superior Court for the County of Monterey in Salinas, California on behalf of Froogle on May 31,2012. Mary, a resident of Vermont, responded by filing a motion...
    1,122 Words | 3 Pages
  • Invitation To Treat - 476 Words
    An invitation to treat is an offer to negotiate or an offer to receive offers. The following are situation that can be considered as invitation to treat: 1) Display of goods Pharmaceutical Society of Great Britain v Boots Cash Chemicals (1952) Boots operated a self-service store which included a pharmacy department. Customers would select items from the shelves and take them to a cashier’s desk at one of the exits where they were paid for. When a drug was involved, a pharmacist supervised...
    476 Words | 2 Pages
  • Arbitration Versus Class Action
    Week 4 Case Study – Arbitration Versus Class Action What Should the Judge Do? 1. The judge should let the arbitration proceed as Mr Groetsch has the right to pursue any action that he believes is necessary to advance his claim. Class action suits normally take longer to prosecute because attorneys want to find and represent as many claimants as possible. Attorneys handling the litigation receive a substantial fee from the compensation settlement whereas the cost of arbitration is minimal....
    894 Words | 3 Pages
  • Unit 19 Questions - 856 Words
    Unit 19 – 2.5 The complaints management policy needs to be clear and indicate how; The service encourages feedback and complaints Risk assessments and follow up occur Complaints are investigated Complaints are recorded and reported Serious complaints are dealt with Complaints can lead to improvement in the quality of services The policy needs to be relevant to the services provided, the client base and the staff. The policy will be reviewed on a regular basis against regulatory...
    856 Words | 3 Pages
  • Divorce Decree - 524 Words
    1 Commonwealth of Massachusetts 2 The Trail Court 3 Judgment of Divorce 4 Present: February 20, 2011 5 Hon. John Doe Justice 6 Patricia Bean, Plaintiff Vs. 7 David Bean, Defendant 8 This action was submitted to this court for consideration this 20th day of February, 2013. 9 The Defendant was served personally within the State of Massachusetts. 10 Plaintiff presented a verified complaint. 11 The Defendant has filed an answer or amended...
    524 Words | 3 Pages
  • Duty of Care - 1156 Words
    1) Explain what it means to have a duty of care in your own work role (1.1) Duty of care means:- • To keep individuals safe • To keep individuals free from harm • To give choice Duty of care is a key concept in working with other human beings. It is a legal term for safeguarding yourself and others. Adults with learning difficulties are often vulnerable as they are yet to develop the physical and cognitive capacity to fully care for themselves; they need care and protection from...
    1,156 Words | 4 Pages
  • Civil Procedure notes- Joinder of Claims
    Civil Procedure Joinder of Claims Scope 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...
    696 Words | 3 Pages
  • Motion for Summary - 310 Words
    This court case took place in United States District Court in the Northern District of Indiana. This is court case number 82A04-8876-CB285, White vs. Patrick Gibbs and O’Malley’s Tavern. The lawyers in this case are Benjamin Walton, xxxxx Van Meter who represent the defendants Patrick Gibbs and O’Malley’s Tavern and Jackson Welch, Amanda Babot who represent the plaintiff Debbie White. The defendants Patrick Gibbs and O’Malley’s Tavern are seeking a summary judgment which is a procedural device...
    310 Words | 1 Page
  • case digest 1 - 1773 Words
    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...
    1,773 Words | 5 Pages
  • Civil Action Movie Tort Analysis
    Background A Civil Action entails a major class action suit brought forth by several families against major conglomerates (including W.R. Grace chemical company and Beatrice Foods) that were alleged to have negligently damaged the environment of a small town to the extent that its practices led to the spread of leukemia. Jan, a personal injury attorney, decides to represent a woman that claims that her child and other neighbors of a small town in Massachusetts have been diagnosed with leukemia....
    1,008 Words | 3 Pages
  • Geringer V - 459 Words
    Name Geringer v. Wildhorn Ranch, Inc. 706 F.Supp. 1442 D.Colo. 1988. December 14, 1988 Procedural History: The mother and widow of deceased resort guests took an action against the resort, its owner, and others because these two deceased guests lost their lives in boating accident. Mr. Watters, defendant and the owner of the resort, brought an action against the verdict for revised decision because the trial court found him guilty. The case came in front of the court on action of...
    459 Words | 2 Pages
  • Watteau V Fenwick [1893] 1 Qb 346.
    Party dealing with him without notice of the restriction is still entitled to rely on his apparent authority. The difficult case is where A, in concluding a transaction that would be within his usual authority as agent, contracts in his own name without disclosing the existence of a principal, so that the third party assumes he is dealing with a principal. In Watteau v. Fenwick & Co35 the doctrine of usual authority was held applicable to such a case also. H owned a hotel. He sold it to the...
    657 Words | 2 Pages
  • Customer Perceptions - 378 Words
    in fact, create more goodwill than if things had gone smoothly in the first place. Consider how, Paris-based recovered from a service nightmare and won the loyalty of one group of vacationers the vacationers had nothing but trouble getting from to their A destination the flight took off six hours late made two unexpected stops, and circled thirty minutes before it could land. Because of all the delays and mishaps, the plane was en route for ten hours more than planned and ran out of food...
    378 Words | 1 Page
  • Correspondence 66-64 - 354 Words
     July 13, 2014 Miss Florence B. Glashan Attorney at Law 2932 Point Street Providence, RI 02903 Dear Miss Glashan: It was a pleasure to meet you at the convention for trial attorneys in New York last week. In addition to the interesting program highlights of the regular sessions, the informal discussions with people like you are an added plus at these meetings. Your contribution to the program was very beneficial and highly informative. You may recall that I had just...
    354 Words | 2 Pages
  • Writing - 290 Words
     WIGBERTO VAZQUEZ Introduction to Law and the Legal System POL-123-CL03 Instructor: Beth Vivaldi Carter K. Libbey v. State Farm Mutual Automobile Insurance Company CDV-03-535 First Judicial District Court of Montana, Lewis and Clark County March 14, 2005 ■ Procedural History Carter K. Libbey brought this case to court to exclude the defendant’s witness Allan F. Tencer, Ph.D., and any exhibits that he had from testifying because his...
    290 Words | 2 Pages
  • Intellectual Property - 10458 Words
    D E C I S I O N LEONARDO-DE CASTRO, J.: Before the Court are consolidated Petitions for Review on Certiorari under Rule 45 of the Rules of Court, which arose out of two civil cases that were filed in different courts but whose factual background and issues are closely intertwined. The petitions in G.R. Nos. 1250781 and 1255982 both assail the Order3 dated May 20, 1996 of the Regional Trial Court (RTC) of General Santos City, Branch 37, in Civil Case No. 5617. The said Order decreed the...
    10,458 Words | 33 Pages
  • Rules of Court: Parts of a Pleading
    RULE 7 PARTS OF A PLEADING 1. What are the parts of a pleading? The following are parts of a pleading: a) Caption. The caption sets forth the name of the court, the title of the action, and the docket number if already assigned. As stated in Capitle, et al. v. Elbambuena, et al., G.R. No. 169193, Nov. 30, 2006, the full names of all the real parties in interest whether natural or judirical persons nor entities authorized by law shall be stated in the caption of the complaint or...
    3,062 Words | 9 Pages
  • Product Life Cycle in Iphone
    Some devinces to product Liability In Egypt Product liability defenses may be broadly classified into three categories: first "user – miscouduct defenses '' second'' no-duty defenses'' ,finally ''other,special, ''. the first category of defenses , based on product user`s miscounduct – contributory negligence , comparative fault assumption of – risk , product misuse , unreasonable reliance in a misrepresentation – are the subject of the frequent litigation and commentary . those are the most...
    254 Words | 1 Page
  • Unit 304 Health and Social care level 3
    Unit 304 Outcome 1 Understand how duty of care contributes to safe practice 1.1 Explain what it means to have a duty of care in own work role. Duty of care means supporting individuals and allowing them to be as independent as possible and to be safe. It is our responsibility a carer to makes sure that the correct support I given using the policies, procedures and agreed ways of working as a guideline. 1.2 Explain how duty of care contributes to the guarding or protection of individuals. In our...
    595 Words | 2 Pages
  • Buffalo Creek - 697 Words
    It’s 8:02 a.m. on a soggy morning. After raining buckets for days, everyone’s mood is glum. While serving your children breakfast before shooing them out the door to school, your husband finally sleeps after a long night shift deep in the bowels of the Buffalo Creek coal mines. Minutes tick by and your only thought is getting the kids out the door on time with all their books and school supplies. Suddenly you hear a noise so foreign and loud, it takes a moment to register which of your senses...
    697 Words | 2 Pages
  • Unit Shc 34 Principles for Implementing Duty of Care
    Unit 34 Principles for implementing duty of care | Criteria Ref |Outcome 1 | | |Understand how duty of care contributes to safe practice | |1 |Explain what it means to have a duty of care in own work role |...
    473 Words | 3 Pages
  • Defamation notes - 1131 Words
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