The courts enforce a liquidated damages clause even if the final result of a case seem to be not fair for any of the parties. This is because of the set out they have agreed on in a contract. However‚ the courts will not enforce a bargain that leads to a penalty. The liability of proving that a clause is a penalty is dependent on the person trying to deny the liquidated damages application. Therefore‚ there are indicators and teste for a penalty in law. The test for penalty is known as the Dunlop
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of the Motor Vehicle to the Seller A distinction between voluntary delivery and involuntary delivery of the motor vehicle is essential to further clarify the context of unlawful deprivation in this thesis. The case of Aznar v. Yapdiangco[ G.R. No. L-18536‚ March 31‚ 1965] elucidates a case wherein the delivery of the movable property is involuntary‚ and is therefore considered as stolen
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Wisconsin v. Yoder‚ 406 U.S. 205 (1972) In the year 1971‚ two parents whose names were Jonas Yoder and Wallace Miller who were of the Old Order Amish religion and one parent whose name was Adin Yutzy who was of the member of the Conservative Amish Mennonite Church were accused under a Wisconsin law that stated all students under sixteen should go to school. The Parents all believed it was against their religious beliefs for their children to go to high school and they refused to send their children
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In 1927‚ there was a case called Buck V. Bell‚ which in this particular case it involved a hearing that was required to determine whether or not the enforced eugenic sterilization was a wise thing to do. Today‚ I will write about The Supreme Court of Buck V. Bell‚ the definition of eugenic movement‚ and the role of eugenic movement in this case‚ and I will also address Oliver’s Wendell Holmes statement. The main person in this case was named Carrie Buck; she was a feebleminded woman who was committed
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people peaceably to assemble‚ and to petition the government for a redress of grievances” (http://www.law.cornell.edu). Over the years there have been many court cases that try to help decipher what is mean by the 1st amendment. In 1942 commercial speech was introduced by the Supreme Court with the Valentine V. Chrestensen case. Commercial Speech is speech done on behalf of a company or individual for the intent of making a profit. It is economic in nature and usually has the intent of convincing
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"freedom of expression" as "Permitting free expression to the end of promoting truth‚ political or social participation‚ and self-fulfilment. That purpose extends to the protection of minority beliefs which the majority regard as wrong or false." R. v. Zundel. It was fair? Unlawful? Profile of the Law: Criminal Code of Canada Spreading False News Section 181 Every one who wilfully publishes a statement‚ tale‚ or news that he knows is false and that causes or is likely to cause injury or mischief
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The main focus point and argument regarding both the Stanford v. Kentucky and Roper v. Simmons case rely mainly on the eight amendment. Throughout both cases‚ the eighth amendment played a key factor in determining the court’s decision‚ regarding whether or not Simmons or Stanford would be facing the death penalty. Both “The Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed.” The eighth amendment states
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Introduction There is no section or legal principle can state the definition for consideration in a contractual element clearly before the case of Currie v Misa in 1875. The case of Currie v Misa (1875) All ER 686has play an important role in consideration. In the year of 1875‚ there was a company named Lizardi & Co sold four bills of exchanges to Misa. However‚ Lizardi & Co. was a debtor to a bank firm which owned by Mr. Currie and the company was being pressed for the payment. Then‚ Misa knew that
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Tinker v. Des Moines Independent Community School District 393 U.S. 503 "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." This was the main argument from Justice Abe Fortas that came into play at the Tinker v. Des Moines School District Case of 1969. The case involved a small group of students who silently dissented against the government’s policy during the ongoing Vietnam War by wearing black
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In the case Gonzales v. Raich‚ Angel Raich‚ which is from California‚ was charged with home-grown‚ non-commercial use of medical marijuana. Raich has inoperable brain tumor‚ seizures‚ and chronic pain disorders. Raich has been prescribed medical marijuana 5 years before the cases even came up in court. Raich has to depend on 2 caregivers to grow the medical marijuana for her because of her condition. Before Gonzales v. Raich case came up‚ California passed the Compassionate Use Act in 1996. With
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