Chapter/Case Questions: 1. Chapter 12‚ Yunker V. Honeywell‚ pg 456-459‚ Questions 1-4 1. The court meant by its statement that negligent hiring and negligent retention “rely on liability on the part of an individual or a business that has been on the basis of negligence or other factors resulting in harm or damage to another individual or their property” (Luthra‚ 2011) and not on “an obligation that arises from the relationship of one party with another” (Luthra‚ 2011). The court meant that
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NOTES OF CASES THECASEOF THE SLIPPERY EQUITY IN Re Vandervell’s Trusts (No. 2)‚’ Lord Denning M.R. said: “ (‘ Hard cases make bad law ’) is a maxim which is quite misleading. It should be deleted from our vocabulary. It comes to this: ‘Unjust decisions make good law’: whereas they do nothing of the kind. Every unjust decision is a reproach to the law or to the judge who administers it.”a Now that it has been decided that there is to be no appeal from the decision of the Court of Appeal‚ it is worth
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1. The decision in Williams v Roffey moved away from the actual technicalities of finding traditional consideration‚ to actually looking at the factual benefit which a promisor may gain. In this sense it was stated that the duty to perform an existing contract could be good consideration so long as some kind of benefit went to the promisor‚ whereas previous to this performance of an existing contract was in fact no consideration‚ (as stated in Stilk v Myrick). This decision developed the doctrine
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Case Briefing 18 United States v. One hundred sixty-five thousand five hundred eighty dollars ($165‚580) in U.S. currency I. Statement of the facts During the deep winter in Maine‚ the St. John River‚ which forms the border with Canada‚ freezes over as it flows through the town of Van Buren. This river is transformed into a pathway‚ suitable for travel by foot or by snowmobile; to avoid U.S. Customs‚ this river becomes an opportunity for illegal entry into the United States. Typically‚ smuggling
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Houser Brown v. Board of Education of Topeka Throughout history there have been many cases about racism and segregation. Although different laws and rights have been established this seems to be a reoccurring event. The constitution promotes equality‚ but not everyone seems to agree that all people should be given the same rights. Even in areas such as education there have been differences in the education blacks receive from those that whites receive at their schools. Cases such as Brown V. Board of
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In Rochefoucauld v Boustead (1897)‚ Lindley LJ said ‘that the Statute of Frauds does not prevent the proof of a fraud; and that it is a fraud on the part of the person to whom the land is conveyed as a trustee‚ and who knows it was so conveyed‚ to deny the trust and claim the land himself’. Section 53(1)(b) of the Law of Property Act 1925 provides that ‘a declaration of trust respecting any land or any interest therein must be manifested and proved by some writing signed by some person who is
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U On May 15‚ 2000‚ the United States Supreme Court held that a portion of the federal Violence Against Women Act (VAWA) was an unconstitutional exercise of congressional power. The holding of this case and the unconstitutionality eventually resulted in the “freedom” of Antonio J. Morrison‚ who evaded charges under the act that would provide a victim‚ Christy Brzonkala‚ of gender-motivated violence a cause of action against the perpetrator for the recovery of compensatory and punitive damages. This
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The case of Miranda v. Arizona dealt with the question‚ “Does the police practice of interrogating individuals without notifying them of their right to counsel and their protection against self-incrimination violate the Fifth Amendment?” This case started in 1963‚ when Ernesto Miranda was arrested in Phoenix‚ Arizona for robbing $8 from a bank worker‚ and was charged with armed robbery. He already had a record for armed robbery‚ and a juvenile record including attempted rape‚ assault‚ and burglary
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Case Brief Miranda v. Arizona Citation: 384 U.S. 436‚ 10 Ohio Misc. 9‚ 86 S. Ct. 1602‚ 16 L. Ed. 2d 694 (1966) Brief Fact Summary: Self-incriminating evidence was provided by the defendants while interrogated by police without prior notification of the Fifth Amendment Rights of the United States Constitution. Synopsis of Rule of Law: Authorities of the Government must notify suspects of their Fifth Amendment constitutional rights prior to an interrogation following an arrest. Facts: The Supreme
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Brown v. Louisiana During the 1960’s‚ many African-Americans believed that civil rights should become a national priority. Young civil rights activists brought their cause to the national stage and demanded the federal government assist them and help resolve the issues that plagued them. Many of them challenged segregation in the South by protesting at stores and schools that practiced segregation. Despite the efforts of these groups and Supreme Court rulings that ordered the desegregation
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