Anne Bustamante | Gela Gaffud | Noel Geologo | Kaye Rosario| Karen Umangay Narra v Redmont G.R. No. 195580 April 21‚ 2014 Facts: Respondent Redmont Consolidated Mines Corp. (Redmont)‚ a Filipino corporation‚ wanted to undertake mining activities in Palawan but discovered that the areas it sought to explore were already covered by the Mineral Production Sharing Agreement (MPSA) applications of petitioners Narra Nickel Mining and Development Corp. (Narra)‚ Tesoro Mining and Development‚ Inc. (Tesoro)
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IRAC Example 2: Hilift Pty Ltd (Hilift) owns an industrial crane. Hilift employs two crane operators‚ Elwyn and Osman‚ who each work 4 hour shifts. In May 2008 the owner/builder of a new apartment block hires Hilift’s crane and operators for two weeks to lift building materials to the upper floors of their building. At the end of the first shift on the 10 May‚ Elwyn notifies the manager of Hilift that the crane is not performing properly and that it needs looking at. The manager contacts the
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Introduction: In Rebecca & ‘Zorba’s’ Restaurant case‚ the main issue is whether negligence exists of the defendant? There are three prerequisites must be present before the tort of negligence can arise: a duty of care must be owed by one person to another; there must be a breach of that duty of care; and damage must have been suffered as a result of the breach of duty. (FoBL‚ 2005‚ p70) In addition‚ another element must be satisfied to prove negligence is the causation. This essay will analysis
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Week 3 IRAC Assignment Micah Flores LAW/421 January 7‚ 2014 Dr. Mark L. Pugatch‚ BS‚ MBA‚ JD Week 3 IRAC Assignment Issue: Has there been a violation of Li’s Constitutional rights? Have there been any tort offenses committed? Whom may Li/Li’s parents file an action against in order to achieve a deep pockets recovery? Rules: Li Intentional infliction of emotional distress False imprisonment Negligence Li’s Parents Respondeat Superior Scienter Mr. Billups Assumption of risk
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IRAC Assignment Summary Iggy spent too much time drinking beer and playing darts‚ and result in spending too little time at the library studying. His parents want to know his Fall 2011 grades‚ and concern about whether stop supporting Iggy money. Issue The issue here is whether Iggy’s parents are entitled to the information strictly related to his grades. Rules According to FERPA: Once a student reaches 18 years of age or attends a postsecondary institution‚ he or she becomes an “eligible
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IRAC/CRAC What is it? • Issue‚ Rule‚ Analysis‚ Conclusion OR Conclusion‚ Rule‚ Analysis‚ Conclusion • Method for organizing legal analysis so that the reader can follow your argument • Especially helpful in writing exams (IRAC) and legal memos (CRAC). How to do it? As an example‚ we will look at whether someone can sue for battery as a result of inhaling second-hand smoke. The issue we will look at is whether there is contact‚ which is required for a battery claim. Issue
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Ami Patel Blaw 3400 (Honors‚ D02‚ T‚ R 2:40) IRAC Assignment #2 July 27‚2017 Morse v. Frederick‚ 551 U.S. 393 (2007) Facts: On January 2 ‚2002 students and staffs at Juneau-Douglas High school in Alaska‚ were permitted to leave class to watch the Olympic Torch Relay pass by through the school. Joseph Frederick‚ who was late for school joined his friends across the high school. When the relay began he‚ along with his friends unfurled the banner that said‚ “BONG HiTS 4 JESUS.” Principle‚ Deborah
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from the Common Law. Cases such as Donoghue v Stevenson are particularly relevant. Donoghue was the case where Lord Atkin developed the ‘neighbour test’. The neighbour test asks “who should I have in contemplation as being someone that will suffer harm if I do a particular act or omit to perform a particular act”. If someone will suffer harm from my actions or inaction and if it is reasonable that I have them in contemplation then I will be liable if they suffer harm. Other cases such as Pollard
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IRAC Analysis Defendant Carl Clay entered the partially open door of a motel room around five o’clock pm with the intent to steal a television to replace his broken one. To convict Clay as guilty of burglary‚ he must meet the stipulations stated in the General Laws chapter 228 numbers one and two. The first law defines burglary as the breaking and entering of a dwelling at nighttime with the intent to commit a felony. The second law defines a felony as the theft of personal property over the
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needs to prove negligence on the defendant’s behalf. These elements are duty of care‚ breach of this duty of care‚ plaintiff suffered injury‚ defendant caused the injury‚ and it was the proximate cause for the plaintiffs’ injury (Cheeseman‚ 2013). In the case of the Bryntesen family we need to prove the elements for negligent action. Did Lithia Motors and Camp Automotive owe a duty of care to the family; they did when they signed the contract. Did they breach this duty of care: they did when the
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