The rule in Ryland’s v Fletcher was established in the case Rylands v Fletcher [1868]‚ decided by Blackburn J. In effect‚ it is a tort of strict liability “imposed upon a landowner who collects certain things on his land – a duty insurance against harm caused by their escape regardless of the owner’s fault”. The tort under the rule in Rylands v Fletcher is described as one of strict liability. This means that liability may be imposed on a party without finding of fault such as negligence. The plaintiff
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The Zykan v. Warsaw Community School Corporation and Warsaw School Board of Trustees was a case regarding the limiting and prohibition of textbooks‚ removing books from the library and deleting courses from the curriculum. The case was disregarded by the district court‚ and was brought to the Court of Appeals for the Seventh Circuit. Ultimately‚ the court ruled that the school had a right to establish whatever curriculum that it wanted‚ but it was not allowed to restrict learning. The student’s right
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relevant case law‚ the legal aspect of placing the ‘Klick’ clock in the shop window with a price tag attached. Ann antiques has a rare ‘Klick’ clock on its shop with price tags of €1‚000 attached. In spite of its wording the sign in the window does not constitute a legal offer‚ it is merely an invitation to treat. Invitation to treat is an indication that the person who invite is willing to enter into a negotiation but it is not yet prepared to be bound. This case may be seen in Fisher v Bell (1961)
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Bria Payton Case Brief: United States v. Peterson‚ 483 F.2d 1222 (1973) Issue: Is self-defense available for a justifiable homicide case? Facts: The victim‚ Charles Keitt‚ drove to an alley way to obtain windshield wipers off the defendant’s car‚ Mr. Peterson. Mr. Peterson observed the victim‚ Mr. Keitt‚ doing this and confronted him with an altercation. The victim went back to his car and the defendant‚ Mr. Peterson‚ returned inside his home. The victim was about to leave‚ but because the defendant
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Tinker v. Des Moines Independent Community School District 393 U.S. 503 "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." This was the main argument from Justice Abe Fortas that came into play at the Tinker v. Des Moines School District Case of 1969. The case involved a small group of students who silently dissented against the government’s policy during the ongoing Vietnam War by wearing black
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Case Jonathan‚ a moneylender makes a loan of $1‚000 to Sheba on Sheba’s representation that she is 19 years old. Sheba is in fact 17 years old. She enrolled for diploma course with a private college for $500‚ spent $200 on a holiday‚ and the balance of $300 on a mini hi-fi set. She now refuses to pay Jonathan. In this case‚ we are acting for Jonathan (plaintiff). Jonathan sues Sheba (defendant) because of free consent and capacity. Free consent that we talk is about misrepresentation whereas capacity
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National Coal Co. v. CIR Facts: The National Coal Co.(NCC) was created by a special law and was enacted by virtue of Act 2705 in order to develop a coal industry. It was engaged in coal mining on reserved lands belonging to the government. The National Coal Co.(NCC) filed a case against the CIR for the recovery of sum of money it paid on protest as specific tax on 24‚089 tons of coals claiming exemption to tax pursuant to Sec. 14 and 15 of Act 2719. Issue: Whether or not NCC is a private corporation
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which are marriage‚ death‚ and birth if reported to legal office‚ observations made while on public duty like how many times an officer has had disciplinary actions against him or her while on duty. Cases filed in courts prior
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the testimony of his co-defendant‚ John Bryant‚ Jr.‚ to be considered against him; (5) that the Court erred in permitting the jury to separate overnight on the last day of the trial; and (6) that there were certain erroneous instructions. (Law Justia: State v. Mouzon (1957)‚ n.d.) Holding
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CRIMINOLOGY: R. v. Grant We can apply different theories of criminology at any time in our everyday lives as police officers. Criminology is an interdisciplinary profession built around the scientific study of crime and criminal behaviour‚ including their forms‚ causes‚ legal aspects‚ and control. In the fallowing‚ I will identify a few theories that are the essential reasoning behind the criminal in this case. The case history of R. v. Grant is that‚ Grant‚ an eighteen year old at the time
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