In the 1950 case of P. Lorillard Co. v. Federal Trade Commission‚ P. Lorillard Co.‚ the makers of Old Gold cigarettes‚ were ordered to “cease and desist from making certain representations found to be false in the advertising of its tobacco products (Warner‚ et al.‚ 2012‚ p. 950) From a practical perspective in the 1950’s caveat emptor‚ or “let the buyer beware” is not a fair or reasonable expectation. While the careful consumer could have looked at the article‚ the culture of the time was not anti-smoking
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Since this is a civil action‚ all these matters will have to be proved according to ‘the preponderance of probability’ ( Miller v Minister of Pensions (1947)). Even where Annie is alleging matters that would amount to the criminal offence of arson‚ she does not have to prove them beyond reasonable doubt. In Hornal v Neuberger Products Ltd (1957)‚ the plaintiff was sold a lathe by the defendants. One of their directors was alleged to have stated falsely that the machine
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Tennessee Valley Auth. v. Hill‚ 437 U.S. 153 (1978) (“Tennessee Valley Auth v Hill”)‚ it was discussed whether a small endangered fish called the “snail darter” could stop the “intended transformation of the river into a 30 mile long reservoir by building the Tellico Dam. Congress had authorised funding for the project in 1967 to generate hydroelectricity‚ create recreational opportunities and flood control‚ and promote shoreline developments.” The question remains‚ what was the case about? Put simply
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Question 1 The U.S. Constitution and the two early Supreme Court cases on corporations—Bank of the United States v. Deveaux et al. (1809) and Trustees of Dartmouth College v. Woodward (1819)—are official U.S. government documents that influenced early U.S. capitalist development. Whose viewpoints do they reflect? What are the main features of the vision of capitalism that they promote? How are these ideas similar to or different from those expressed in Joseph Story’s 1840 letter to Daniel Webster
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race‚ color‚ sex‚ national origin‚ religion‚ disability or age. In the Supreme Court case‚ Griggs v. Duke Power Company (Duke)‚ it was decided that Duke used a selection process which had a disparate impact on the employment opportunities of members of a race‚ color‚ religion‚ sex‚ or national origin group. Disparate impact is sometimes confusing and tricky. In the case of the Albemarle Paper Company (Albemarle) v. Moody‚ proved just how tricky disparate impact is. Albemarle administered tests without
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In Stevenson‚ Jacque & Co. v. McLean ‚ held that the initial communication was only asking for information‚ and it was not a counter-offer. There was no effort here to institute new clauses into the contract. As per above case‚ Palm Tree did not attempt to introduce new terms into the contract and it was a mere request for information not a counter-offer. Belton responded as an acknowledge receipt and packed twenty Fryers into its delivery truck for Palm Tree. Belton’s action was supported that
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section: - Traumatic Experience Q. When did you first start having these nightmares? A. Q. How long have you been having the nightmares? A. Q. What were the nightmares about? A. Q. How would you describe the person’s demeanor after waking up? Case Notes: Under Texas Rules of Evidence 803(2)‚ an excited utterance ("[a] statement relating to a startling event or condition‚ made while the declarant as under the stress of the excitement that it caused") is an exception to the rule against hearsay
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On June 23rd 2016‚ the judges of the supreme court gathered to analyze a challenge about the University of Texas of Austin’s race-conscious admissions program. This case‚ known as Fisher II v. The University of Texas‚ was brought about when senior Abigail Fisher applied to the University of Texas and did not get in. She was not accepted in the top ten percent program as well( a program in Texas Law stating that top ten percent students from all schools in Texas get automatic admission into UT Austin)
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It is not uncommon today to see dispute arising out of documents other than the Articles of the Company. In today’s scenario we see countless number of disputes arising out of such other documents‚ be it shareholders agreement or any other form of Joint Venture Agreement. Our court rooms and arbitration tribunals are crammed with such contest. It generally takes place when an investor is introduced in the company and a shareholder’s agreement is executed containing terms and conditions regarding
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The case of Hopkins v. Spring Independent School District the Texas Supreme Court had another decision to make in reference to school district liability under the Tort Claims Act. In this case an elementary student in Spring I.S.D.‚ Adeline Hopkins‚ allegedly sustained an injury to the head after being pushed into a stack of chairs in a room at school. Adeline had cerebral palsy and was prone to certain behaviors that occurred after the incident. While at school that day she had mild convulsions
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