The same issue was again before the court in 1945 in McClintic v. Dunbar Land Co. The case involved six notes that were secured by a vendors’ lien. The notes were payable on a sequential‚ consecutive basis with the first becoming payable on November 26‚ 1920 and the last on November 26‚ 1925. The plaintiffs filed the action for non-payment of the notes in 1943. The defendants contended that W. Va. Code § 55-2-5 barred action on the first three notes because more than 20 years had passed. The
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R. v. Tutton‚ [1989] 1 S.C.R. 1392 Her Majesty The Queen Appellant v. Arthur Thomas Tutton Respondent and Carol Anne Tutton Respondent indexed as: r. v. tutton File No.: 19284. 1987: November 10; 1989: June 8. Present: Dickson C.J. and Beetz*‚ Estey*‚ McIntyre‚ Lamer‚ Wilson‚ Le Dain*‚ La Forest and L ’Heureux-Dubé JJ. on appeal from the court of appeal for ontario Criminal law -- Criminal negligence -- Necessaries of life -- Manslaughter -- Diabetic child dying
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applied by the courts to any particular case‚ it has lead to commercial uncertainty through Australia. This essay will analysis Stevens V Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 decision regarding the high court process in distinguishing between whether there was an relationship between the employer of employer/employee or employer/independent contractor. Facts While working for Brodribb Sawmilling Co‚ Stevens and Gray were employed by Sawmilling Co Pty Ltd as a trucker and snigger. During
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term "freedom of expression" as "Permitting free expression to the end of promoting truth‚ political or social participation‚ and self-fulfilment. That purpose extends to the protection of minority beliefs which the majority regard as wrong or false." R. v. Zundel. It was fair? Unlawful? Profile of the Law: Criminal Code of Canada Spreading False News Section 181 Every one who wilfully publishes a statement‚ tale‚ or news that he knows is false and that causes or is likely to cause injury or mischief
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. In ruling on a motion for summary judgment‚ the facts must be viewed in the light most favorable to the non-moving party. Godfrey v. Globe Newspaper Co.‚ 457 Mass. 113‚ 119‚ 928 N.E.2d 327 (2010). Accordingly‚ the following is a description of the facts as viewed in favor of the defendant‚ Alexander Smith. The single car accident occurred at approximately 3:00 p.m. on October 15‚ 2015‚ when the driver‚ Alexander Smith‚ was driving northbound in Campbell Road in North Andover. The plaintiff‚ Brian
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Chadwick Construction Case Analysis Introduction Chadwick Construction Company has had a significant increase in demand over recent years and has encountered multiple project management problems during this time. As a result‚ CCC’s general manager is considering the possibility of hiring a project manager for project scheduling and keeping track of the progress of subcontractors at work sites. CCC management is interested in knowing the expected completion time for a house if a project manager
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Wilson Sporting Goods Co. v. Hickox‚ 59 A.3d 1267 (District of Columbia Court of Appeals‚ 2013) Facts: Edwin Hickox attended a Major League Baseball retreat for umpires‚ where he received an umpire’s mask from a Wilson Sporting Goods Company representative. The Wilson representative claimed the mask had a new‚ safer design. Mr. Hickox wore the mask months later while working as an umpire for a game in Washington‚ D.C. During the game‚ the mask was struck by a foul-tipped ball. Mr. Hickox suffered
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the principles and methods reliably to the facts of the case.” In Bowles v. Virginia Soapstone Co.‚ the judge ruled: “expert testimony is a useful and necessary adjunct to the administration of justice‚ and a capable expert can often throw much light upon dark places; but the force of expert testimony must‚ after all‚ in large measure depend upon the reasons that the witness is able to give for the opinions which he expresses.” In Bird v. Commonwealth‚ the court found: "All persons who practice
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Merck & Co.‚ Inc (A) (The summary is based on the article in Vol. I and does not include the extra readings given by the professor) This case is a classic example of enterprises trying to balance their business of increasing profits and expected social responsibilities. This dilemma is further accentuated when the company happens to be a pharma company whose decisions directly affect people’s lives. The Dilemma: A possible drug for River Blindness‚ a disease which affects almost 85 million
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James Leamon Johnson & Wales University Law 2001 Professor Bertron 01 Feb 2014 Uniroyal Goodrich Tire Co. v. Martinez Briefly explain the opinion. Which of Martinez’s claims were successful and which were not? Why (what was the court’s legal explanation)? In this case‚ Martinez brought forward three claims. First‚ he claimed strict product liability based on defective design of the tire. Martinez also claimed negligence and gross negligence. In their ruling‚ the jury found that the defective design
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