Punitive damages, under the common law of torts, juries are free to award an injured plaintiff all sorts of damages, not only to compensate for damages or out-of-pocket medical expenses, but also for pain…
This story is replete with fascinating facts and the intricacies that are inherent in the facts of the case make for a great story.The baseball bat was broken from the outset when it was bought by the plaintiff. Therefore, the defendant should have to return the baseball bat and pay the money back to the plaintiff that plaintiff paid for said bat. The plaintiff bought a baseball bat from the defendant and the baseball bat turned out to be broken because, since as soon as the defendant used the bat to play baseball, the bat shattered into a million pieces. Shattering into a million pieces certainly violates the implied warranty of merchantability under the Uniform Commercial Code (UCC 2-314). No Industria De Calcados Martini Ltda. v. Maxwell Shoe Co., 36 Mass. App. Ct. 268 (Mass. App. Ct. 1994) INDUSTRIA DE CALCADOS MARTINI LTDA. v. MAXWELL SHOE CO., INC. No. 92-P-1322 APPEALS COURT OF MASSACHUSETTS 36 Mass. App. Ct. 268; 630 N.E.2d 299; 1994 Mass. App. LEXIS 274; 23 U.C.C. Rep. Serv. 2d (Callaghan) 89 December 20, 1993, Argued March 21, 1994, Decided. Also, there’s a case that expounded upon this issue and told us that a baseball bat can’t crack when it’s used normally. Otherwise, the store has to give back the money to the plaintiff. Dudzik v. Klein's All Sports, 158 Misc. 2d 72 (N.Y. J. Ct. 1993) Laurence Dudzik et al., Plaintiffs, v. Klein's All Sports, Defendant. SC# 92-390 JUSTICE COURT OF NEW YORK, TOWN OF COLONIE, ALBANY COUNTY 158 Misc. 2d 72; 600 N.Y.S.2d 1013; 1993 N.Y Misc. LEXIS 272; 21 U.C.C. Rep. Serv. 2d (Callaghan) 592 June 9, 1993, Decided. The extrapolation information that can be clearly drawn from these cases is if someone that is a plaintiff buys a baseball bat, the said bat it must be in that condition that the was represented to the heretofore named parties. At least, the bat must be in sufficient marketable condition so that the implied warranty owing from the party of the first part to the party of the second part must be sustained. Also,…
Negligence law states that a person or an organization is generally liable when they negligently injure others.…
Lincoln High School seal is constitutional it must pass all three parts of the Lemon…
That means that they are accidental or unintentional. Liability risks are caused by negligence that then result in personal or property damage. Personal risks are the ones involving illness, injury, or death to a person of the loss of income due to disability, illness, death. Property risks are damage to or loss of property due to fire, floods, robbery, or other such as earthquakes and hurricanes. 4.…
Accidents, drug side effects and medical negligence will result in injuries which lead to a complicated life. Some might face physical disabilities that cause loss of income to a family and need compensations for medical treatments and other purposes. A personal injury lawyer plays a main role in satisfying the needs of victims who want to procure maximum funds from landlords, vehicle owners, drug manufacturing companies and others as soon as possible. It is possible to claim compensations for the injuries with this attorney by meeting exact requirements. At the same time, it is necessary to hire professional attorney services for obtaining funds without any difficulties. Nowadays, registered law firms help victims to represent their cases both in federal and state courts to reduce complex issues.…
One punch laws have rapidly changed since the beginning of this year. The one punch is often referred to as coward punch or Assault causing death if it took the victim’s life. The law is under Crimes and Other legislation Amendment (Assault and Intoxication) Bill 2014 and futher changes are to be passed down to an extent this questions the effectiveness the law has in addressing society’s needs.…
I was overwhelmed with excitement, as I was about to witness my first small claims trial in the reputable small claims court located at 7765 Hurontario Street, Brampton, which was repetitively used as a source in the small claims textbook. To my surprise there were two buildings, the large one being the criminal court while the smaller one was the small claims court. These seem to be the main cause of confusion for many people including myself. This is because the address for small claims on our books was actually for the criminal courts instead. I failed to understand why they could not create a way to distinguish them. When I finally arrived at the small claims court, I was enthusiastic to see the endless amount of people…
If you are dealing with a personal injury due to negligence, you want an attorney who will be able to handle every aspect of your legal case, from preliminary information gathering down to litigation if the need arises. Finding a competent lawyer who is committed to your case will ensure that you receive the appropriate compensation amount you are entitled to under the law. Below is a list of qualities you should be looking for in a personal injury lawyer.…
Aggravated battery is defined by the State of Florida as unwanted or unlawful physical contact with another person, intending to cause harm with the intent to commit a felony or with a deadly weapon. Aggravated battery includes battery that causes great bodily harm, permanent disability, or permanent disfigurement to the victim. Simple battery is converted to "aggravated battery" when they victim is pregnant during the battery, provided the alleged offender was aware of the pregnancy or should have reasonably been aware of it.…
A consumer can be defined as someone who buys the goods or services purchased for private use or consumption. The effectiveness of the law in protecting consumers has been effective but also non-effective because an assessment of its effectiveness can only be reached by a realisation of the development of consumer law in Australia. The legislation applies legal measures like laws such as the Trade Practices Act 1974 (cth), Consumer Protection Act 1969 (NSW) to help protect consumers. A wide variety of non-legal measures exist which aim to achieve justice for consumers. These include redress and remedies such as self-help and the media; however the legislation is quite ineffective in areas of consumer protection such as occupational licensing and contract rights.…
Secondary sources are not the actual laws but instead, are writings about the laws ex; encyclopedias and digest, and books like our school book where we find our research. This source is used to gather information on certain cases. Secondary sources are a great way to fully understand an area of law or learn the court language. It also gives you an overall view of an area and point the research to the appropriate primary source.…
The Court I attended was Court of Justice. On March 21 2013 after my classes and I got there on time for the court session at 11:00 a.m. It was my first time entering court, the security was very strict, they looked through my purse and made me take everything out of my pockets. After the security check I started looking for courtrooms with trials going on I entered a very interesting Courtroom 10 on the 6th floor. There was many people waiting in that courtroom including attorneys, but the attorneys were standing by the defendants. The trail was open to the public’ the crown stated the facts about the ( ) this wasn’t a jury trail the judge made the decision.…
People who got injured due to improper or negligent driving or negligence in any form may face a permanent disability. Due to this problem, they will not be able to work and earn bread and butter for their family. A few examples of permanent injuries are loss of a limb, paralysis, loss of eyesight or any disability of the brain. These cases are complicated and without the help of an experienced attorney, you cannot get the right compensation. These injuries will prevent you to continue with your job and may affect…
Medical malpractice happens more frequently than reported, and many people may not even be aware that they are a victim of malpractice or medical negligence until it is too late. The most common medical error happens to be a diagnostic error either by misdiagnosis or a delayed diagnosis.…
