Donoghue v Stevenson (1932) AC 562 Facts: Mrs. Donoghue found a decomposing snail in the ginger beer and claimed to have suffered gastroenteritis and severe shock upon the sight of the snail. She sought to recover damages from Stevenson‚ claiming that the presence of snail was due to his negligence. Could Mrs. Donoghue bring an action in negligence against Stevenson? Stevenson argued that as they were not in a contractual relationship‚ hence there was no special relationship and therefore he
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Georgia v. Randolph is a landmark case pertaining to the search of a private resident without a search warrant where one resident gives law enforcement personnel consents to conduct a search and the other member objects. This particular case involved a married couple Scott and Janet Randolph‚ who were having marriage problems. Janet decided to leave Scott taking their son with her to Canada (Wood 2007 para 1). After being gone for a little over a month she and the child returned to the same residents
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Personal Property Case Study The case study “Parking Lot’s Liability” is an actual court case‚ Allright‚ Inc. v. Strauder. Plaintiff brought suit alleging that as a result of defendant’s negligence‚ his automobile was stolen from a parking lot operated by defendant. Signs were located throughout the parking lot which stated that the lot closed at 6 o’clock p.m. and that anyone returning after that time could pick up their keys at another parking lot operated by the defendant at a another
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Oracle v. PeopleSoft Case‚ By Hossein Rad. There are couple of ethical issues to be discussed in the Oracle v. PeopleSoft case. However some aspects of the case may still require more enlightening to allow a firm conclusions to whether they were merely truthful business decisions without any ethical violations involved or they
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Specht v. Netscape Communication Corporation‚ 306 F.3d 17 (2nd Cir. 2002). I. FACTS Plaintiffs sued‚ Netscape‚ a software internet company who distributed the free software SmartDownload‚ for electronic eavesdropping. The Plaintiffs alleged Defendant violated two federal statutes‚ the Electronic Communications Privacy Act and the Computer Fraud and Abuse Act‚ by capturing private information about files downloaded from the Internet . Plaintiffs filed suit against Defendant in District Court
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Ask any beauty blogger within the Philippines to suggest an all-natural pore and skin care line and you would possibly get this answer—V&M Naturals. The brand has a devoted following‚ thanks to its now-well-known Emu Oil-primarily based pores and skin care line that boasts a wide range of handmade soaps‚ serums‚ creams and other treats for the pores and skin. The brand has grown to consist
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1) SCHROEDER V LUCY On what contractual grounds could he sue? Schroeder can sue on contractual grounds of unconscionable since the prenuptial agreement was acquired through misrepresentation and duress (Clarkson‚ Miller & Ross‚ 2015). Thus‚ Schroeder can sue on not given an opportunity to get his separate permissible counsel or read the agreement before signing it. Moreover‚ Schroeder can sue on no complete disclosure on Lucy’s debt or assets‚ and fraud since Lucy did not keep her promise to buy
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The Fifth Amendment which in 1934 the “which protects a defendant from being compelled to be a witness against themselves” (Wright‚ 2013). The self-incrimination portion of the Fifth Amendment was tested case of Miranda v. Arizona. This is the same case that leads to the Miranda Warning. The Miranda warning is an “explanation of rights that must be given before any custodial interrogation” so that self-incrimination will not be a factor. No person can be compelled to openly admit to a crime. They
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of title by registration rather than registration by title (Breskvar v Wall (1971) 126 CLR 376. * Indefeasibility- The registered proprietor holds the title free of all unregistered interests. S42 Real Property Act 1900 (NSW). * Registration of a void instrument confers immediate indefeasibility in the absence of fraud (Frazer v Walker [1967]] 1 AC 569. * Sir Garfield Barwick sitting on the Privy Council in Frazer v Walker described it as: “a convenient description of the immunity from
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History and Role of Third Parties in the United States For almost two centuries has the political party system of the United States been under a two-party system. The Democratic Party‚ founded in 1828 by Andrew Jackson‚ and the Republican Party‚ founded 1854 by anti-slavery activists‚ members of the upper class‚ and former members of the defunct Whig Party‚ have dominated the two party system since their establishment. The two-party system of the United States was not intended by the founding fathers
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