Dorris Reed, the plaintiff, purchased a home from Robert King. Robert King and his real estate agent did not tell Dorris Reed that a woman and her four children were murdered 10 years ago, because the murder would affect the value of the home. Dorris Reed, however, did find out about the murder from a neighbor and sued Robert King and his real estate agent for rescission and damages. Dorris Reed paid $76,000 for the home but the value of the house, once the murder was taken into consideration, was only worth $65,000. Due to Dorris Reed failing to state a cause of action, the trial court sided with Robert King and his real estate agent. Dorris Reed appealed. Fraud is being looked at in the case of Reed vs. King. There are five elements to proving fraud, 1) material misrepresentation, 2) facts/knowledge, 3) intent, 4) reliance, and 5) damage (quoted from text book). Robert King and his real estate agent hid the first and second element of fraud. They knew about the murders and did not present Dorris Reed with this information, which would have affected Dorris Reed decision to buy the house. However, when dealing with the selling of real property, the question of materially is the main issue. Materiality is based on three conditions, 1) the gravity of the harm inflicted by nondisclosure, 2) the fairness of imposing a duty of discovery on the buyer as an alternative to compelling disclosure, and 3) the impact on the stability of contracts if rescission is permitted (citation from text book). Even though murder is horrible and it would affect a person’s judgment on buying that particulate house, there is no evidence to support Dorris Reed claim that the murder would in fact affect the market value of the house. The judgment was later reversed because Dorris Reed was able to present enough evidence to show that history can affect the value of property.…
Answer: The parties to do or not do a specific thing must base it on a mutual agreement. Parties who are competent to enter into a contract that will be enforceable against both parties must make it. The promise or obligation of each party must be supported by consideration. It must de for a lawful purpose the contract must not be illegal such as the unauthorized buying and selling of narcotics. The contract must meet certain formal requirements such as being in writing or under seal.…
ISSUE: State statues definition of “marriage” -limiting it to man & woman. Unconstitutional as it bars equal protection…
Our team learned this week how to differentiate between types of discriminatory issues and knowing the legal considerations linked to it. This knowledge proved to be beneficial in the team’s decision on how to tackle option one of this week’s team reflection exercise. As a senior manager of a prominent security company, it is important that I look out for the company’s integrity in maintaining its mission of maintaining order, protecting property and the use of deadly force. One of our employees, Joe who recently returned from a successful two years boots in ground deployment in Afghanistan is suffering from Post Traumatic Stress Disorder (PTSD). His mental health provider made this diagnosis along with depression, anxiety, and anger issues. As the senior person in-charge of Joe, I have to make a tough decision whether to recommend if Joe should remain in or resign from the company.…
* Statutory Law: includes legislative act. Both Congress and the state legislatures enact statutory law. All cities, counties and other governmental subdivisions have some power to adopt ordinances within their sphere of operations.…
As of July 1 of 2010 tanning salons across the United States were forced to apply a 10% tax to indoor tanning services as a part of president Obama’s federal healthcare act. Just recently due to a study performed by the American Medical Association, there is controversy over whether or not to ban teens under 18 from using indoor tanning beds at all, parent-approved or not. The tanning industry is under attack, figuratively speaking. For a number of reasons, the Federal government should not have the authority to regulate the indoor artificial tanning industry, but instead the parents of the minor. Deeper economic issues, a progressing invasive government, and even an interference with one of our inalienable rights are all reasons to oppose this potential new law.…
Tan, M. (2012, May 2). Women in combat: Army to open 14K jobs, 6 MOSs. Army Times.…
(a) Dylan was shopping at Quills Department Store when he slipped on the highly polished floor and broke his leg. As a result he was out of work for four months and he incurred considerable medical expenses. His leg did not heal quickly or completely because of a hereditary bone defect which he suffered. Hence he had to take on lighter work, which did not pay as well as his former employment. i) What legal action is available to Dylan against the proprietor of the store, or the cleaner or the floor polish manufacturer The case states that Dylan incurred medical expenses due to slipping on the highly polished floor when shopping at Quills Department Store. This case applied to Australian common law, implied terms of negligence. The first issue is whether the proprietor of Quills Department Store is liable to Dylans injury. In order to determine, there are three steps must be satisfied. Firstly, if the proprietor owed a duty of care to Dylan need to be determined. The cases Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479, Strong v Woolworths Ltd (2012) HCA 5 are applied which implied that a retailer owes a duty to its consumers. In this case, Quills Department Store is an operating store. Dylan is a lawful consumer. The relationship between them satisfied the neighbour test for duty of care set out in Donohue v Stevenson (1932) AC 562. The normal rules of negligence applied to the case of property owners and person injured on the property. Therefore, the store owed a duty to take reasonable care to Dylan. Secondly, it is necessary to examine whether the proprietor had exercise the proper standard of care. The proper standard of care is that how a reasonable person would have responded to the foreseeable risk, to balance risks, consequences and cost. The weighing test is demonstrated in Wyong Council v Shirt (1980) 146 CLR 40, Graham Barclay Oysters Pty Ltd v Ryan 2000 FCA 1099, Woods v Multi-Sport Holdings Pty Ltd 2002 HCA 9. Considering the high…
Provan went to Taylor’s farm and offered to buy 31 cattle at £14 per head, but Taylor refused to accept less than £15. After trying unsuccessfully to purchase cattle elsewhere, Provan returned to Taylor’s farm the worse for drink and offered £15 per head, which was accepted by Taylor. Taylor later brought an action against Provan for the price of the cattle, and Provan claimed that he had been incapable, through intoxication, of entering into the contract. Held: There was no evidence to suggest that Provan was totally incapacitated through drink, to the extent that he was unable to understand what he was doing. The contract was valid.…
Course Description: The purpose of Philosophy 230 is to introduce you to the study of philosophical ethics. More specifically, our primary focus will involve a critical examination of some leading normative ethical theories – theories which attempt to determine what makes an action morally right or wrong; policies and laws just or unjust; states of affairs good or bad; and lives go well or badly. To that end, we will begin our course with the basic question of who should count in a moral theory; we will then critically examine leading accounts of intrinsic value; lastly, and for most of the course, we will focus on the question of what makes right acts right and wrong acts wrong. Here we will critically examine important works in Utilitarian, Kantian, Intuitionist, Social Contract, Contractualist, and Virtue Ethics traditions.…
Globalisation has meant the integration of Developed world’s knowledge with Developing world production capabilities. Maitland (2005) has identified the transferability of capital investments (Developed world) and the immobility and abundance of labour (Developing world) has placed a huge disadvantaged for the Developing world in turns of competitiveness. Hence, the interplay of high unemployment levels and limited capital investment has caused the phenomenon of sweatshops. Although no set definitions of sweatshops exist, they are effectively the consequence of developing nations suppressing wages and sacrificing working conditions to compete to attract foreign investments (Arnold & Hartman, 2003). Notable characteristics are extreme exploitation (wages and work hours), poor working conditions, military-like discipline and intimidation of employees (Radin & Calkin, 2006).…
Norman-Eady, S., & Reinhart, C. (2003). Statutory Rape Laws By State. Retrieved October 20th, 2013, from http://www.cga.ct.gov/2003/olrdata/jud/rpt/2003-r-0376.htm…
Mackinnon, B. (2013). Ethics: Theory and Contemporary Issues, Concise Edition (2nd ed). Retrieved from Colorado Technical University Online, Virtual Campus, PHIL 101-1403B-02: https://campus.ctuonline.edu…
In their article, “Learning From Ancient Athens: Demarchy and Corporate Governance” (this issue), Zeitoun, Osterloh, and Frey contribute a useful summary of the…
Chapter 4 – Constituting Companies (Mini summary relevant for Chapter 22 – Transacting by Companies 1)…