Common descent

This question focuses heavily on ‘reasonable foreseeability’. Reasonable foreseeability is a “mechanism which limits the type of plaintiffs, risks or damages which the defendant is liable for ”. For an event to be foreseeable, the claimant, and the kind of injury that was caused, must be foreseeable. The claimant, Daryl, must be in the area that danger is created by the defendant's, Rick, carelessness and the injury must be a type that is likely to occur in the circumstances. To be able to prove…

Having to confront a belligerent beneficiary is an awful position for an executor. Unfortunately for executors, beneficiaries have rights to an estate that executors must respect. (Refer to the article Know your Beneficiaries to review beneficiary rights.) So, an executor must try to handle a belligerent beneficiary as described in the article How to Handle a Belligerent Beneficiary. Conversely, if all efforts fail to appease the belligerent beneficiary, the executor has to take action to move…

Genesco V Visa USA Inc. et al Genesco filed a motion suggesting partial summary judgment several days after Visa U.S.A Inc. filed another motion to dismiss. Genesco’s motion was a request to the court to determine the noncompliance of Visa’s PCI violated contracts made by Visa and the acquiring banks and this surmounted to unenforceable penalties. As a response to Genesco’s motion, Visa managed to raise a total of six defenses. One of the main issues that were raised in Visa’s defense was that…

Legislation is established and administered at three levels, the Commonwealth, the State and the local Government level. Government Institutions or (Parliaments) make laws and all of these institutions, people and laws are all part of the legal system. Common Law or Case Law is referred to as Judge made law, cases are heard, a verdict is reached and then precedence is set. Statute Law is law made by Parliament, written as Acts, Regulations or Rules. Australia is multifaceted in the context…

Canada is split into ten provinces and three territories. Yet, the boundaries that we have recently learnt in class prove that new regions can be formed, especially when creativity and logic is involved. The boundaries that we have focused on, are as follows: 1. The Climate Region Boundary 2. The Landform Region Boundary 3. The Soils Region Boundary 4. The Vegetation Region Boundary 5. The Discontinuous Ecumene Boundary 6. The Continuous Ecumene Boundary 7. The International Boundary Each of…

are signing is in-fact the testators will, however they do not need to know what the will consists of. The witnesses must sign within a 30-day period of each other otherwise their signatures will be invalid. Undue influence and coercion are very common grounds for the denial of probate. Influence is considered “undue” if it results in coercion that affects the testator’s ability to act independently. Undue influence results in a will that ultimately is the product of another person’s desires.…

I found that the best resource to help comprehend the specific rights that the United States ignored was the Violation of Civil Rights Chart. The rights that I found the most important and were taken away, included freedom of religion, speech, press and unreasonable searches and seizures. The first three rights I stated, are what this nation were built on, giving all of its citizens the religious freedoms and to speak their ideas. America wanted all of its citizens to be equal, at the time it…

The carp could act as however it is being portrayed as or it could mean something important to what it is being associated with. Many mythical symbols have a beginning, such as the carp. There are stories about the origin of the carp, but those are not one-hundred percent true. “The real origin of those coloured creatures was in truth, more of an accident than by any real intentions and they are truly ‘man made’” (“Origins and Myths” 1). The carp was discovered unexpectedly instead of having a…

The premise of the literal rule put forwards the simple approach that the will and intention of Parliament are best discovered by following the literal and natural meaning of the word in the statute[1]. In other words, the law must be read in its entirety and given its’ usual dictionary meaning. Thus, it is not a requisite for judges to look elsewhere for aid in interpreting the statute.[2] This argument was supported in the Sussex Peerage case,[3] where Tindal Chief Justice stated “If the words…

beyond a reasonable doubt that the Defendant had assaulted the Complainant and that the assault was unlawful. The Code sets out that common assault occurs when one person assaults another and the assault was unlawful. Moreover, the Code defines assault, therein notably setting out two separate types of assault. The first was previously Battery under English common law and may adequately be described as striking, touching, moving of, or application of force of any kind to the person of another;…