Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-30642 April 30‚ 1985 PERFECTO S. FLORESCA‚ in his own behalf and on behalf of the minors ROMULO and NESTOR S. FLORESCA; and ERLINDA FLORESCA-GABUYO‚ PEDRO S. FLORESCA‚ JR.‚ CELSO S. FLORESCA‚ MELBA S. FLORESCA‚ JUDITH S. FLORESCA and CARMEN S. FLORESCA; LYDIA CARAMAT VDA. DE MARTINEZ in her own behalf and on behalf of her minor children LINDA‚ ROMEO‚ ANTONIO JEAN and ELY‚ all surnamed Martinez; and DANIEL MARTINEZ and TOMAS
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INTRODUCTION Determining whether Mr. Fullman has an actionable claim under the Alien Tort Statute (“ATS”) and whether the Fourteenth Circuit has jurisdiction over this matter can be determined by the same answer. If Lansdale can be held liable under the ATS‚ the Fourteenth Circuit has jurisdiction. If suit is barred against Lansdale‚ due to his status as a corporation‚ the Fourteenth Circuit lacks subject-matter jurisdiction and‚ thus‚ the case must be dismissed. The Supreme Court has not determined
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Intro to Legal Environment Beachum v. White The West Virginia Record Background Facts: Leetta Beachum is the mother of Shana Cowley. Shana Cowley died from internal injuries on September 14‚ 2009. Injuries were sustained from leaping out of a moving vehicle. Timothy White was the boyfriend of Shana Cowley and the driver at the time when Cowley jumped from the moving vehicle. An altercation broke out between White and Cowley earlier that day‚ it continued when White picked up Cowley and
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Interoffice Memorandum Privileged Attorney Work Product To: Professor From: Date: November 3‚ 2009 Re: Alicia Carmody’s claim against her Neighbor‚ Mr. John Ellis‚ for a private nuisance claim. QUESTION PRESENTED Under Vermont Common Law does Mr. John Ellis’ recently created chicken coop in a residential neighborhood constitutes a private nuisance when Mr. Ellis’ rooster and the hens generate odors and noises that could be considered unreasonable and substantial interferences
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In tort law‚ a duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. In turn‚ breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of
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Questions: 1. Define Negligence or Culpa. 2. What are the kinds of Negligence? 3. What are the successive rights of the creditors to satisfy the claims of his debtors? Answers to Questions: NEGLIGENCE Negligence‚ also known as Culpa‚ is the failure to observe for the protection of the interests of another person‚ that degree of care‚ precaution and vigilance which the circumstances justly demand‚ whereby such other person suffers injury. Negligence can also be defined as: The omission
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GLENDALE CHEMICAL PRODUCTS PTY LTD v ACCC (1999) ATPR 41-672 Plaintiff: Michael Barnes Defendant/Appellant: Glendale Chemical Products Pty Ltd –Supplier of Caustic Soda which is called “DRANO” Respondent: Australian Competition & Consumer Commission Prepared By: GLENDA B. GAERLAN Presented To: PETER MCGUINNES BUSINESS LAW 1st Semester 2010 Background Facts: Michael Barnes bought a 500g of caustic soda called “DRANO” at a local store
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Duty of Care: GELERAL Week 2::Seminar 2 This concept is based on three proof of elements‚ its ingredients are – A legal Duty of D towards the C to exercise care in such conduct of D as falls within the scope of the duty‚ Breach of that Duty means failure to come up to the standard required by law & Consequential damage to C which can be attributed to D’s conduct. Duty of Care General: Duty is the primary control device which allows the courts to keep liability for negligence within what
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2010 Business Law Revision Booklet The Business Law final exam is 3 hours with 10 minutes of reading time. HOW TO ANSWER CASE STUDY QUESTIONS When answering this question student’s need to follow the format of: i) state the issue ii) state the law-this includes relevant legislation and cases iii) apply the law to the facts iv) state the conclusion Key words used in questions: Explain – students need to provide
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DEFENITION: STRICT LIABILITY RYLANDS V FLETCHER CASE i. FACTS ii. DIAGRAMATICAL REPRESENTATION iii. JUDGEMENT iv. EFFECTS OF THE CASE v. EFFECTS OF THE CASE IN INDIA vi. CONCLUSION vii. ESSENTIALS EXCEPTIONS BIBLIOGRAPHY STRICT LIABILITY • A person may be liable for some harm even though he is not negligent in causing the same or does not intentionally cause it or is careful or has taken steps to prevent the same. • e.g.‚ The defendant is liable to the neighbor
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