Question 6‚ April 2006: Solution to fe1 question Bell Computers could attach liability to either Chemical Supply or Industrial Estates under the tort of Rylands v Fletcher. Chemical Supply’s Liability Rylands v Fletcher established that a person who “for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes‚ must keep it in at his peril‚ and if he does not do so ‚ is prima facie answerable for all the damage which is the natural consequence
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patents‚ utility patents and design patents. A utility patent can be claimed if the invention has purpose or useful function and a design patent protects the appearance of a product and not how the invention actually functions. In the recent Apple Inc. V. Samsung Electronincs Co. case‚ Apple sued Samsung for copying the design and functions of their Iphone 4 and IPad 2. On August 24th‚ a court in California ruled Samsung violoated Apple’s tradedress and Apple software patents . The court ordered Samsung
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“God hates you.” “You’re going to hell.” Could you imagine having to bury your child that returned to American soil‚ dead‚ after fighting a war‚ listening and seeing these kinds of statements? When burying a loved one‚ a person should not have to deal with people picketing at a private funeral. That person is in enough pain and emotional loss for having to bury a family member. This is not more of an inappropriate or inconsiderable time than ever to be causing a negative scene and displaying a strong
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but by 1965‚ in Griswold v. Connecticut‚ the Supreme Court ruled that a law preventing access to contraception in Connecticut was unconstitutional. In those few decades of the early 1900s‚ something transformed American society to become tolerant of birth control. In the 20th century‚ America became increasingly interconnected with the rest of the world‚ and this caused social movements and ideas to spread. The societal acceptance of birth control which made Griswold v. Connecticut possible was
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There has been an ongoing debate amongst generations on the subject of Nature v. Science. A good amount of people either let their religion either guide their lives‚ or even control their lives. Generally religions have similar aspects which can help understand other religions. The information done on totemism is what they experimented with and hoped to apply to other religions. The conceptions and beliefs used to be thought as the essential elements of religion‚ but in reality it is only
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Seaver Williams On March 25‚ 1931‚ on a train going through Alabama‚ a fight between nine young African Americans and seven young white men took place. Powell and his African American friends ended up throwing all but one of the white men off the train. There were also two white women on the train who claimed they were sexually assaulted. They were escorted to jail when they arrived at Scottsboro. They were put on trial on March 31 for the rape of the two white women and were found guilty and sentenced
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and liable for injuries to the plaintiff? RULES In negligence‚ a plaintiff must prove: duty; breach duty; causation; and actual injury. Cite A person owes a heightened duty of care where children may be present. Cite ANALYSIS In Aarons v. Peterson‚ the defendant kept a hammer and nails in a toolbox on the floor of his basement. His eleven-year-old son took the hammer and a nail from the toolbox to repair a knock hockey board that he and his nine-year-old neighbor broke. When hammered
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Gravel v. United States 408 U.S. 606 (1972) Facts of the Case Senator Mike Gravel of Alaska was given a copy of the classified “Pentagon Papers” in 1971. After he received the classified documents‚ he called a meeting of his subcommittee in the Senate and shared their contents with the others in the subcommittee. He also allegedly arranged to publish the documents through Beacon Press. A federal grand jury‚ in the process of an investigation of possible federal law violations‚ subpoenaed one of
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Mapp v. Ohio (1962) i. Plaintiff‚ Dollree Mapp‚ was illegally raided by Cleveland police. After receiving information that an individual‚ wanted in connection with a recent bombing‚ was hiding in Mapp’s house‚ the Cleveland police knocked on her door and demanded entrance. On the other hand‚ the defendant was the state of Ohio. The police were looking for a bombing suspect and during the search found a gun and obscene literature. ii. On May 23‚ 1957‚ police officers in Cleveland‚ Ohio believed that
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In Benic v New South Wales [2010] NSWSC 1039 the risk of harm was the plaintiff‚ a police officer‚ suffering psychiatric injury as a result of receiving a threat to his life in the course of his work. The alleged breach was the failure to provide prompt and appropriate psychological or psychiatric assistance. The court noted that whether the risk was not insignificant was to be analysed from the perspective of the defendant and was to be prospective: at [411]. The evidence was that the Commissioner
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