they have the right to sue the driver? Well‚ if the driver was negligent in any way the pedestrian has the legal right to sue. For example‚ the driver was speeding‚ driving aimlessly‚ driving through a red light‚ driving drunk. Pedestrians also complain about the rise in bike traffic. This has led to more collisions between pedestrians and bike riders. The fact is that a pedestrian has the legal right to sue a bike rider that is negligent too. Of course‚ they would have to prove the negligence. For
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INTRODUCTION Reverend Harriet Yun (“ Reverend Yun”) and Bald Mountain Community Church (“the Church”) are being sued by the Plaintiff‚ Ernestine Petrillo. Plaintiff filed this suit seeking redress for the financial losses she sustained when she voluntarily entered into an ill-fated financial venture based on the advice of Reverend Rooks‚ a former pastor at the Church. The Plaintiff has filed a Motion to Compel Reverend Yun to answer questions regarding a confidential clergyman-penitent conversation
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ABC never planned to keep that promise and brought in BVT‚ which is owned by ABC‚ in order to keep all the revenue within the corporation. Because of this misrepresentation‚ Celador received nothing from the profits of the show. Constructive fraud: ABC misrepresented the truth regarding how theprofits from the show were to be divided in order to induce Celador to sign the contract. Celador relied on ABC’s promises
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The physician advised his patients that an X-ray was necessary to determine whether or not his tibia had been fractured. Because of the cost of the procedure‚ the patient refused. The patient then sued the physician stating that he had been negligent in not ordering an X-ray. In the case above it has already been determined that the defendant (the
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Contracts – MacDougall 2010-2011 Sara Li FORMATION Offer & Acceptance Offer & Invitation to Treat Mere puffs Invitation to Treat Offer Mere puff: no reasonable person would take it as an offer Can the terms of the K (ie offer) only come from one party? * Battle of the forms - last shot/first blow? (Denning in Butler Machine Tool v Ex-Cell-O Corp) * Strict offer & acceptance is reaffirmed in Gibson v Manchester City Council [1979] - only extreme cases might not
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Assignment Answers – Part B Question 3 Joe claims that Betty’s Drycleaning Service (BDS) is responsible to compensate him for the loss of his dinner jacket and the damage to his trousers. He is claiming $500 as the replacement cost of a new suit. BDS‚ through its new owner‚ Bruce‚ is denying responsibility for this loss and damage due to an exclusion clause on the docket handed to Joe (as usual) when he left his items to be dry cleaned. Bruce also points to a sign at the back of the shop
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probably be consider puffery and sales talk and therefore not a misrepresentation his comment that the boat was in great condition will likely be found to be a misrepresentation. Since the boat was in fact not in good condition. Sandra relied on this misrepresentation to her detriment. It does not matter whether or not Dean intentionally misrepresented the chaterisitcs of the boat. Sharon would also be able to bring a claim of misrepresentation of the quality g of the goods. Under a of quality claim
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led to the passing of the Sarbanes-Oxley Act of2002 in an effort to encourage executives and the Board of Directors to double check financial records as well as dissuade the intentional misrepresentation of the company financial status. (Addison-Hewitt Associates ‚ 2013) It was also passed because the misrepresentation allowed loans from major banks to companies that would have been looked upon as risky and hurt the bank investors. (Addison-Hewitt Associates ‚ 2013) When the misrepresented financial
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How many times in the past few years have different races and ethnicities gotten a bad reputation because of what the media has said about them? Ian Haney once said‚ “There are no genetic characteristics possessed by all Blacks but not by non-Blacks‚ there is no gene or cluster of genes common to all Whites but not to all whites. One’s race is not determined by a single gene or gene cluster…” (qtd. in “Composition and Research” 733). If this is true‚ why is the media making it seem that minorities
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illegal‚ a number are‚ and may result in serious legal charges. These include criminally negligent homicide‚ manslaughter and murder. In order to help protect their rights‚ it behooves people to understand the difference between these offenses in the state of Texas. What is criminally negligent homicide? If a person causes the death of another person by criminal negligence‚ it may constitute criminally negligent homicide. In general‚ criminal negligence is any action that significantly deviates from
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