Detrimental Reliance Detrimental Reliance occurs when someone takes action or fails to take action because of what appeared to be a promise made by another individual‚ without knowing if true or untrue. It is very similar to Promissory Estoppel in that the other party is "estopped" or legally prevented from denying liability‚ even though no formal contract was formed‚ because of its promise. An estoppel by representation [of fact] will arise between A and B if the following elements are made
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TORTS EXAM 2 STUDY GUIDE NEGLIGENCE • Negligence: The failure of individuals to appreciate the risks caused by their conduct. • Synonymous with carelessness did not intend to cause harm to Plaintiff • To determine whether negligence exists‚ must ask: 1. Was the Defendant’s conduct unreasonable? 2. Did the Defendant cause the Plaintiff’s injury? Elements of Negligence: 1. Duty by the Defendant to the Plaintiff 2. Defendant breached the duty of reasonable care 3. Defendant’s actions were
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005 PHOENIX CONSTRUCTION‚ INC. and ARMANDO U. CARBONEL‚ petitioners‚ vs. THE INTERMEDIATE APPELLATE COURT and LEONARDO DIONISIO‚ respondents. [G.R. No. L-65295 March 10‚ 1987] TOPIC: PONENTE: FELICIANO‚ J. AUTHOR: NOTES: (if applicable) FACTS: 1. In the early morning of 15 November 1975‚ at about 1:30am‚ private respondent Leonardo Dionisio was on his way home from a cocktails-and-dinner meeting with his boss‚ the general manager of a marketing corporation‚ where he had taken "a shot or two"
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trial court erred in finding him negligent and in finding that the injury to plaintiff Bourque occurred four to five feet away from the second base position in the general direction of the pitcher’s mound. Allstate further contends that the trial court erred in finding coverage under its policy which excludes injury intended or expected by the insured. 4. holding supports the trial court’s conclusion that Bourque did not assume the risk of Duplechin’s negligent act. 5. rationale There
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asserted by the plaintiffs included wrongful birth‚ negligent failure to warn‚ and negligent infliction of emotional distress. Their claims were based on Vanderbilt’s failure to notify Julie of her potential risk for contracting HIV following her blood transfusion. Unfortunately‚ complications from AIDS also claimed Mrs. Amos’ life in 1992‚ however her husband‚ Ron‚ continued forward with the
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Misrepresentation A false statement made to induce a party to enter into a contract. Misprepresentation -- if proved -- renders a contract voidable (see: VoidableContract). Three (perhaps four) factors must be established to succeed in a claim of mispresentation. (i) there must be an unambiguous false statement of existing fact (or perhaps law); (ii) it must be addressed to the party misled; (iii) it must induce the contract; (iv) (perhaps) it must be material‚ that is‚ one which would induce a
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risks of cell phones are shown to outweigh the benefits‚ we should not restrict their use in moving vehicles: instead‚ we should educate the public about the dangers of driving while phoning and prosecute irresponsible phone users under laws on negligent and reckless driving. I. Scientific studies haven’t proved a link between use of cell phones and traffic accidents. A. A study by Redelmeier and Tibshirani was not conclusive‚ as the researchers themselves have admitted. B. Most states do not
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William David MCAA 580 Legal Aspects of Sport Legal Issue Paper 08-08-2010 Intro/statement of issue/relivence Many physical education teachers are being sued for negligence while on the job for what may seem to be petty reasons. Each and every year there are hundreds of reported cases that make it to court that pin responsibility and liability on the part of the teacher. Simple accidents occur such as a student not wearing proper athletic shoes or slipping on the gym floor
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development…………………………………………………………………..4 III. Comparative law and conflict of laws 1. Comparative law………………………………….…………………….………………..4 2. Conflict of laws………..…………………………………………..………………………5 IV. Types of torts 1. Intentional………..………………………………………………………………………....5 2. Negligent torts……………………………………………………………………………..6 2.1. Comparative or contributory negligence…………………………….7 3. Strict liability torts……………………………………………………………………….7 4. Business torts………………………………………………………………………........7 V. Causation and damages. Immunity 1
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The primary legal issue was the claim of negligent misinterpretation and the secondary issue was the third party breach of contract. The Bank claimed that it suffered losses as a third-party beneficiary of the engagement contract to conduct the audit between Brandon and GKCO. The Bank also claimed that GKCO committed the tort of negligent misrepresentation. According to the definition‚ when the parties enter into a contact‚ they can agree
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