stalled cargo truck in Tiaong‚ Quezon‚ it was bumped from the rear by another bus‚ owned and operated by Philtranco and driven by Apolinar Miralles. Both Petitioners sustained and suffered injuries‚ hence‚ they filed an action for damages against Inland and Philtranco. Philtranco answered that it exercised the diligence of a good father of a family in the selection and supervision of its drivers‚ and that the proximate cause of the accident was the negligence of either the cargo truck or the Inland
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Thus we must provide proof that the plaintiff‚ Mr. King contributed at least 51% of the negligence. A similar case would be Timmerman v Modern Industries‚ INC. 960 F.2d 692; 1992 U.S. App. LEXIS 6205. This case involved a collision between a truck (Defendant‚ Modern Industries) and a person (Timmerman). Timmerman died due to his injuries resulting from the accident. The decedent’s mother brought a wrongful death suit against Modern Industries. Timmerman was found to be 51% at fault thus the claim
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yards east of the locked gate. In July 1995‚ a number of persons‚ including *** Bennett‚ had keys to the locked gate. Near the south end of the field is a set of corrals. Defendant *** Tobias’ cabin is approximately a quarter mile east of the corrals. The cabin is not visible from the corrals. In the summer of 1995 the defendants Tobias and *** Black‚ were running cattle in the Mud Flat field and adjoining fields. Marmaduke Spring is located about a quarter mile west of the northwest end of the
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from the union and refuse to bargain • Conduct an internal election of employee supported by the union • Required agreements on acceptable terms (NLRB‚ 1943) The NLRB has determined those employers that have good faith indecision under Allentown Mack that are well-known by the union are probably conflicting by their representative. When there is a reasonable doubt and it is used after the employer questions labor organization to represent the majority of its employees. I can strongly recommend
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and it does not talk about punishment of offenders. Based on the common law tort law‚ regardless if the parties have a contract or not‚ a plaintiff can sue the defendant to cover his/her injuries if he/she can satisfy the court about following elements: 1. The defendant owed a legal duty to plaintiff 2. Breaching of the duty by defendant 3. The damages are
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animal faster than the bird?” Ever since the early studies by Eleanor Roach in the late 70s‚ much work has been done on categorization. Views on early processing have shifted from “basic level advantage” to “superordinate level advantage”. Recently‚ Mack and Palmeri claim that superordinate level advantage is only present at short stimulus presentation times. They suggest that at short presentation times‚ categorization relies more on contextual cues provided by the background‚ rather than actual object
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crane‚ per specifications‚ on January 15‚ 2011. Following a conversation with Angel’s executive Cut Above’s understanding from the executive was that the crane would not be completed until January 31‚ 2011‚ at which time it was to be shipped via truck FOB the construction site. The crane arrived on February 4‚ 2011‚ and Cut Above accepted delivery of the crane but withheld from its final payment to Angel its cost of renting another crane‚ as well as anticipated delay costs on the project. Cut Above
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peephole we can see that Mack and the boys are nice guys even if they steel things from other people. They are just enjoying their lives‚ they don’t have work because they don’t want‚ from one side it is very good because most people want to do what they want but not what they should. John Steinbeck is showing to us that if there is a desire people are able to do it. He shows us the Cannery Raw as a small kind of world with its own rules and values of each person living their. Mack and the boys are steeling
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-Bona Fide Occupational Requirement: is a genuine requirement for a job‚ such as‚ for example‚ the need to wear a hard hat when working on a construction site. Bona fide occupational requirement is a defence that excuses discrimination o a prohibited ground when it is done for a legitimate business reason. Bona Fide occupational requirement can be rejected if a male does not have the care‚ attractiveness and delegacy a women would have. Physical capabilities have also been rejected example a women
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For the Defendant: Edward Hayes‚ ESQ. Ray DoBono‚ ESQ. Bruce Cutler‚ ESQ. Deborah Heist‚ ESQ. (Open Court-Case Called) January 17‚ 1992 THE COURT: Good morning everyone‚ please sit down. THE UNITED STATES CALLS JIMMY DE’MARCO DAY 1 OF EXAMINATION THE CLERK: Stand and raise your right hand. DO you swear to tell the truth‚ the whole truth‚ and nothing but the truth under penalty of perjury? THE WITNESS: I do. THE CLERK: Your full name sir. THE WITNESS: Jimmy De ’Marco.
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