Law 494 Part 1 Shlensky v. Wrigley Facts: William Shlensky (plaintiff/appellant)‚ minority stock holder for the Chicago Cubs baseball team sued the team directors who deferred the case to Phillip Wrigley (defendant/appellee) stating mismanagement and negligence because of the refusal of the directors in installing lights at Wrigley Field‚ home field for the Chicago Cubs. Procedural History: Plaintiff original case was lost at trial and plaintiff appealed. Issue: The issue
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The way that a defendant has acted in defamation‚ brings up the question of how reasonable the defendant was when breaching the Defamation Act. The Issues in Hockey v Fairfax‚ in terms of reasonableness‚ stemmed from the way that Fairfax acted in the creation of the newspaper article titled “Treasurer for Sale” and the decision of the chosen title as well as the poster and three tweets‚ posted about the newspaper article. Reasonableness in the way that Fairfax acted is a necessary consideration
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Helen Palsgraf‚ Respondent‚ v The Long Island Railroad Company‚ Appellant. Court of Appeals of New York Argued February 24‚ 1928 Decided May 29‚ 1928 248 NY 339 CITE TITLE AS: Palsgraf v Long Is. R.R. Co. [*340] OPINION OF THE COURT CARDOZO‚ Ch. J. Plaintiff was standing on a platform of defendant ’s railroad after buying a ticket to go to Rockaway Beach. A train stopped at the station‚ bound for another place. Two men ran forward to catch it. One of the men reached the
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Question 1: How has the range of duty negligence been developed since Donoghue v Stevenson? Use case law in your answer. It is often difficult to set down a single test to determine when a duty of care is owed to the claimant. Nevertheless‚ this does not mean that it is never clear when a duty of care is owed. For example‚ an employer owes his employees a duty of care not to cause them foreseeable‚ physical and psychiatric injury. A similar duty is owed to the road users by a driver and to patients
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Business Law Introduction A business consists of trade of any profession or vocation. Business law looks at the formation of the business and the contracts plus legislations within it. The body of a business has rules and regulations that business law enforces enabling it to govern the transactions between business entities. In relation to that is commercial law. Marketing‚ Bankruptcy‚ contracts and trade in general are all under commercial law. In this assignment I will be assessing that
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Criminal Law Notes Chapter 3-4: Corpus Delicti: 1) Act/Omission & 2) Criminal Agency Temporary Insanity does not apply in California. You must prove that you cannot understand right/wrong at the time of the act‚ and that you did not understand the nature/quality of the act. Must also prove insanity‚ otherwise you are considered sane. People who cannot commit a crime (PC 26): 1) Children under 14 2) Idiots – Mental Incapacity 3) Ignorance or mistake of fact 4) Unconsciousness of Behavior
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Question: In Baptist v. Sampson‚ the Texas Supreme Court did not agree with the appellate court that holding hospitals liable for the negligence of ER doctors should be a non-delegable duty. Explain why you agree or disagree with the Supreme Court. Under what theory can a hospital be held liable for the conduct of emergency room physicians who are independent contractors? You should be able to answer question three in no more than 2-3 pages. You need to discuss the theory of liability‚ what the
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Law 12 2012/2013 Criminal Quiz Summary Notes CRIMINAL LAW I know it’s illegal‚ but is it a crime? Many things are illegal: jay-walking‚ speeding‚ or setting up a clothes line outside to dry your laundry (in West Vancouver)‚ but they aren’t necessarily crimes. What then makes something a crime? Criminal Law Criminal law deals with offences committed against society (often these appear to be against individuals). The purpose of criminal law is to keep order in society and deter the committing
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body of laws governing compensation in tort law has substantially transformed from its common law origins. In the course of what many have advocated in the name of "tort reform‚" more than half of the United States have revised‚ or attempted to revise‚ one or more aspects of tort liability and damage principles to a greater or lesser degree. Tort law is‚ of course‚ constantly evolving; everyday in courts across the country‚ judges‚ attorneys and jurors are making and reshaping the law. Despite
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2.3 Impact of Different Types of Contracts The agreement was binding. The Court of Appeal distinguished the case of Balfour v Balfour (HPH 202) on the grounds that the parties were separated. Where spouses have separated it is generally considered that they do intend to be bound by their agreements. The written agreement signed was further evidence of an intention to be bound.. In this case of husband and wife is a domestic agreement‚ they jointly owned a house. Husband left to live with another
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