Bonebrake: The predominant thrust of the agreement is the service of rebuilding Newstate’s power-grid. Common Law applies.
o The RFP was not an offer because invitations to bit are not considered offers. But when PowerSnap submitted a bid, PowerSnap became the offeror and NPA became the offeree.
o When partly by default, PowerSnap got the contract to rebuild the power-grid with a total contract price of $300 million…
The court will most likely find that Davila Grocery Store had actual constructive knowledge of the mop water and therefore liable for premises liability. In order to establish constructive knowledge, the object that may pose harm must be there for an extended period of time. The extended period of time must be reasonable in that there was sufficient time for the risk of harm to be removed.
The court will rule in favor of Ms. Pedroza due to the substantial length of time that the mop water was…
STATEMENT OF THE CASE
This case is being appealed on the grounds that Mr. Jones and Mr. Stevens were not employees of the company, but were brought on board as independent contractors. By Mr. Jones and Mr. Stevens dismissing the instructions given to them by Mr. Williams, the on-site manager, they were outside of their course of employment. Because of these facts, Chemco cannot be held liable for their actions.
Mr. Matthew’s filed a complaint in December 1999 against Chemco due to injuries…
Alee V. Bob’s
Negligence requires a showing that a duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of damages
Special Duty- Land Occupier/Invitee
A special duty arises in circumstances involving a land occupier. An invitee is one who enters upon the land of another with the owner’s permission for the purpose related to the activity. The landowner owes an invitee a duty of care to inspect and discover any dangerous condition and to…
Pontellier, Chopin's stereotypical male, visits the Doctor regarding the 'strange behaviors' of his wife, Mandelet inquires about the symptoms of this 'curious illness.' Upon being told of her recent disregard of her duties to her husband and her new ideas concerning the eternal rights of women, Mandelet already perceives that there might be another man in Mrs. Pontellier's life. During the conversation, however, he seems to keep the front of being a stereotypical male in the company of Mr.…
Negligence by definition can be described as an act of carelessness dictated by the law for the protection of other people against foreseeable risk of harm that may occur from the act. A person can be held responsible for negligence when they have acted carelessly outside of a reasonable man conduct. This assignment is designed with aims to explain the circumstances and elements of how a negligent may be established, the consequences of decisions using relevant cases to highlight…
The above mentioned points are discussed in details as follows.
(a) Nuisance –
In the words of R.N.D. Hamiton “ the deepest doctrinal roots of modern environmental law are found in the common law principles of nuisance. It may be caused through escape of water, filthy liquid or substances, smokes, fumes, gas, noise, heat, vibrations, electricity, disease, bacteria, trees, etc”.
Literal meaning of nuisance is anything that annoys, hurts or offends, but for an interference to an actionable…
Tortious liability under Rylands v Fletcher
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Liability under Rylands v Fletcher is now regarded as a particular type of nuisance. It is a form of strict liability, in that the defendant may…
“Every human being of adult years and sound mind has a right to determine what shall be done with his own body” 1
Cardozo J in Schloendorff v Society of New York Hospital
“It would be unrealistic to suppose the principle here affirmed will not over time be the subject of incremental and analogical development. At the very least this case shows that where justice and policy demand it a modification of causation principles is not beyond the wit of a modern court.…
In common parlance, law of tort lays down the standard of behaviour, the do’s and don’ts for the members of the civil society. It defines the legal rights and legal obligations of members of civil society and provides for monetary compensation to the person…