Mosher V. Mosher Case Study

Decent Essays
MOSHER V BENSON

BACKGROUND:

At the age of 17 Kyle Mosher purchased a car from Peter Benson. The motion before the court was to have the matter set aside due to the plaintiff being a minor. Mosher had requested that the contract be reversed since he was a minor at the time the car was purchased and further stated that the vehicle was not in roadworthy condition and therefore had to pay and excessive price for the vehicle.

According to the British Columbia Infants Act Subsection 27 (a) An adult, who at the time he or she entered a contract was an infant, can reject the contract if (c) he or she gives, oral or written notice of rejection to another party to the contract within one year after reaching the age of majority.

The law also states

Related Documents

  • Improved Essays

    The actuality of the case of State v. Stewart consist of a variety of mental, physical and emotional abuse in which Peggy Stewart had been “pushed” in her own mind to kill her husband to escape from his toxic and cruel behavior. As a result, the facts of the case are a wide variety that contributed to Peggy’s “imminent danger” state of mind when deciding whether her actions were truly self-defense. These include the abuse at hand, physiological trauma that Peggy experienced, and professional opinions about Peggy’s actions. An important factor of the case is Peggy Stewart’s significant abuse by her husband, Mike. Additionally, Mike’s abuse was not only to Peggy; but also to her daughter, Carla.…

    • 728 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The case of Stern v. Lucy Webb Hayes (1984) was a class action lawsuit in which M. Stern and the patients of Sibley Memorial Hospital sued the Lucy Webb Hayes National Training School for Deaconesses and Missionaries, five financial institutions, and five members of Sibley Memorial Hospital’s Board of Trustees. Plaintiffs alleged the defendants conspired to monetarily benefit from the financial management of the hospital through use of the financial institutions to which they were affiliated. Plaintiffs also alleged breach of fiduciary duty by trustees. During this case the plaintiffs attempted to establish the conspiracy they had alleged by presenting specific incidences to which questionable financial activity occurred.…

    • 312 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Case name: Rankin v. McPherson, 483 U.S. 378 (1987) Facts: Ardith McPherson was appointed a deputy in the Constable’s office of Harris County, Texas, on January 12, 1981. Her duties were only clerical. On March 30, 1981, McPherson discussed with her boyfriend, and fellow employee, a report about an attempt to assassinate the President of the United States. She made the remark “If they go for him again, I hope they get him”. Her remark was reported to Constable Rankin, who fired McPherson, even though she told him she did not mean anything by it.…

    • 983 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Case Citation: Bratton et. al. v. McDonough 91 A. 3d 1050 (2014) Background of Case: This is a civil case. It was tried by jury on July 16, 2012 in the State of Maine Superior Court of Somerset County. The jury found for the defendant.…

    • 1250 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    3. Case 9.1 “Contract by Minor”…

    • 411 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Elridge V.: Case Study

    • 160 Words
    • 1 Pages

    The Elbridge’s divorced in 2010 and Mrs. Gwen Eldridge was awarded custody of their two minor children. Mr. Eldridge was ordered to make child support payments of $700 per month. He lost his job as an electrician in January of 2011 and was unemployed from that date through October of 2011. Upon which Mr. Eldridge received a job in his field as an electrician. Unfortunately, Mr. Eldridge did not make child support payments for the 10 months that he was unemployed.…

    • 160 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    In 1977 Fusilier v. Russell dealt with intoxicated drivers and the police failure to arrest. The plaintiff brought criminal action against two Louisiana Sheriffs for failure to arrest or restrain an intoxicated driver. The subject had later become involved in a motor vehicle accident that left the victim/plaintiff severely burned. Prior to the accident deputy sheriffs were responding to a call from a nightclub where they were to evict a disorderly customer. When the officers arrived they noticed an intoxicated person in the parking lot.…

    • 750 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    In 1998, Hugh Caperton filed a lawsuit against A.T. Massey Coal Co., Inc and was found liable for $50 million in damages in a state trial court in West Virginia. Prior to the hearing, Caperton motioned for the presiding justice in the case, Brent Benjamin, to recuse himself, seeing as though Massey’s C.E.O. had donated nearly $3 million dollars to Benjamin’s campaign. In 2009, the United States Supreme Court ruled that Benjamin’s failure to recuse himself, seeing as he had a personal connection to one of the parties in the case, was a direct violation of the Due Process Clause stated in the fourth teeth amendment (CAPERTON v. A.T. MASSEY COAL CO., INC.). The Caperton v. Massey case proposed the question, “how much power and impact does election campaigning have on judicial bias. Should state judges be appointed over elected?”…

    • 817 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    R. V. Hauser Case Study

    • 1686 Words
    • 7 Pages

    While studying the case R. v Hauser, it is clear to see why it is known to be one of the leading constitutional decisions in understanding the workings of Peace, order and good governments in relation to a power struggle of jurisdiction. The whole case surrounds the question on whether the Attorney General, or the Attorney General of Canada should have the power to control the prosecution under the Federal Narcotics Control Act. It is a battle for powers of jurisdiction in regards to the criminal code, and more so the Narcotics Control Act; (NCA), 1961. The Narcotics Act was once Canada’s national drug control statue prior to its repeal in 1996 where the Controlled Drugs and Substance Act took its place. The NCA upheld an international treaty which prohibited the production, and supply of specific drugs; normally narcotics, unless given a licence for specific…

    • 1686 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    When the privacy of students comes into question there are mixed responses, especially when it comes to the contents of a student’s bag. From the landmark supreme court case TLO v. New Jersey, the privacy students have in school has inevitably come into question. Whether TLO or New Jersey was right, this court case changed the way we look at students and their privacy. Some may argue that students have no privacy in school while others may think they have too much. Has the Supreme Court already decided where they stand on this hot button topic?…

    • 1193 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Rosenberger v. University of Virginia Rosenberger v. University of Virginia was a case that focused on wanting eligible funding for student religious publications. Although, the university provided funding for other organizations, the student religious organization for publication did not meet the criteria, according to the University of Virginia. Facts The University of Virginia has several organizations on its campus that allows publications to be printed according to their specific requirements. There was one particular organization at the University of Virginia that created a Christian magazine Wide Awake founded by Ronald Rosenberger, that did not get this opportunity.…

    • 821 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The two Supreme Court cases, McCulloch v. Maryland and Gibbons v. Ogden, were essential events in history that provided the power of the government needed to expand its control over domestic policy in the United States. But what is domestic policy to begin with? Often contrasted with foreign policy, domestic policy refers to the laws in place that deal with the internal workings of this country and this country only. An example of domestic policy for the United States would be social security. Before these cases the presidents didn’t have the kind of power they do now.…

    • 925 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In the matter of Roper v. Simmons (2005), 17 year old Christopher Simmons and two accomplices had planned a murder in great detail and carried out the killing of victim Shirley Crook. In 1993, Simmons entered Crook’s home, robbed her, tied her up, and finally threw her off a bridge. The case had an overwhelming amount of evidence including a confession from Simmons, testimony from another accomplice in the planning of the murder, and a videotaped reenactment of the murder. At the age of 17, after a brief trial, Simmons was found guilty of the crimes and subsequently sentenced to death (Roper v. Simmons, n.d.). From prison, Simmons filed appeals to both state and federal courts, but with each, his sentence was upheld (Roper v. Simmons, n.d.).…

    • 382 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Question 1 A. 370 U.S. 660: Robinson v. California (No. 554) Argued: April 17, 1962- Decided: June 25, 1962 The case involved Robinson and the state of California. He had violated Californian statute that prohibited addiction to narcotics (Uscourtsgov, 2018). The statute termed it a misdemeanor punishable by any person arrested with addiction to drugs, and, sustained the petitioner’s imprisonment thereunder the Californian courts. The constitutional amendments that were under scrutiny, in this case, were Eighth and Fourteenth Amendments Pp.…

    • 711 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    Case 13.3 Kohel v. Bergen Auto Enterprises, LLC Superior Court of New Jersey, Appellate Division, 2013. 2013 WL 439970. Issue: This case involved allegations of breach of contract involving which parties and for what actions?…

    • 508 Words
    • 3 Pages
    Improved Essays