City Council) owe a duty of care to the particular plaintiffs in the circumstances? Prior cases really only dealt with the ‘builders’ being responsible for the defect in the construction of a particular structure. In recent cases‚ Sunset Terraces‚ it was outlined that Councils do in fact owe a ‘Duty of Care’ thus the rule in Bowen v Paramount Builders Ltd crafted by Richmond P can be applied to our current case. Consequently‚ when the DCC selected a certifier who negligently approved unsound plans
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Schmerber v. California Case Brief Schmerber v. California 384 U.S. 757 (1966) FACTS: Armando Schmerber‚ the petitioner‚ had been arrested for drunk driving while receiving treatment for injuries in a hospital. During his treatment‚ a police officer smelled liquor on petitioner’s breath and noticed other symptoms of drunkenness so the officer ordered a doctor to take a blood sample which indicated that Schmerber had been drunk while driving. The blood test was introduced as
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Hugh M. Caperton v. A.T. Massey Coal Company‚ Inc. 556 U.S.868 U.S. Supreme Court June 8‚ 2009 Facts: Hugh Caperton‚ C.E.O. of Harman mining (here on labeled as Caperton)‚ filed a lawsuit against A.T. Massey Coal Company (here on labeled as Massey) alleging that Massey fraudulently canceled a coal supply contract with Harman Mining‚ resulting in its going out of business. In August 2002‚ a Boone County‚West Virginia jury found in favor of Caperton and awarded $50 million in damages. Massey
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In the case of Snyder V. Phelps‚ in which the Westboro Baptist Church has been for many years picketing military funerals‚ rights protect the church’s freedom of speech‚ and the freedom of assembly. Although the Supreme Court is basing the decision off of the first amendment right of freedom of speech‚ not only can this case be based on freedom of speech but also the citizens right of assembly. The church believes that American soldier’s deaths should be blamed on the fact that the United States
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Georgia v. Randolph is a landmark case pertaining to the search of a private resident without a search warrant where one resident gives law enforcement personnel consents to conduct a search and the other member objects. This particular case involved a married couple Scott and Janet Randolph‚ who were having marriage problems. Janet decided to leave Scott taking their son with her to Canada (Wood 2007 para 1). After being gone for a little over a month she and the child returned to the same residents
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Sheppard v. Maxwell‚ was a United States Supreme Court case that examined the rights of freedom of the press as outlined in the 1st Amendment when weighed against a defendant’s right to a fair trial as required by the 6th Amendment. In particular‚ the court sought to determine whether or not the defendant was denied fair trial for the second-degree murder of his wife‚ of which he was convicted‚ because of the trial judge’s failure to protect Sheppard sufficiently from the massive‚ pervasive‚ and
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Personal Property Case Study The case study “Parking Lot’s Liability” is an actual court case‚ Allright‚ Inc. v. Strauder. Plaintiff brought suit alleging that as a result of defendant’s negligence‚ his automobile was stolen from a parking lot operated by defendant. Signs were located throughout the parking lot which stated that the lot closed at 6 o’clock p.m. and that anyone returning after that time could pick up their keys at another parking lot operated by the defendant at a another
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Charter Case Analysis: Vriend v. Alberta 1. Delwin Vriend filed a complaint with the Alberta Human Rights Commission because he believes that he was discriminated against by his employer after being fired when his employer became aware that Mr. Vriend was a homosexual. 2. The Alberta Human Rights Commission said that Vriend could not make a complaint under the IRPA because sexual orientation was not covered under the protected grounds of the IRPA. 3. Mr. Vriend claims that the IRPA violated
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Oracle v. PeopleSoft Case‚ By Hossein Rad. There are couple of ethical issues to be discussed in the Oracle v. PeopleSoft case. However some aspects of the case may still require more enlightening to allow a firm conclusions to whether they were merely truthful business decisions without any ethical violations involved or they
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THE HIGH COURT’S DECISIONS a. Duty of care In Harriton’s case‚ she was Mrs Harriton’s decision alone as to whether or not to undergo an abortion‚ and elsewhere the law recognizes that where this is a lawful possibility this is a decision she may make in her own best interests and not necessarily those of the foetus. Then a recognized legal right of the mother may conflict with any posited ‘right’ of the unborn child‚ with the further complication that‚ should the mother decide to continue the pregnancy
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