McKichan v. St. Louis Hockey Club, L.P was a 1998 personal injury case that made its way up to the Missouri Court of Appeals. The incident in question occurred on December 15, 1990 during a minor league hockey game between the Peoria Rivermen and the Milwaukee Admirals in Peoria, Illinois. The Peoria Rivermen is a subsidiary club of the defendant. The injury in question occurred during the third period of said hockey game when the plaintiff, who at the time was a goaltender for the Admirals, was…
Personal Property and Real Property When it comes to real property law there are two types of properties. Using legal terms, all property will be categorized as either personal property or real property. This qualification between types of property originates from English common law, however our cutting edge laws keep on distinguishing between the two. Each form of property is dealt with distinctively under the law. There are a wide range of sorts of laws that particularly relate to personal…
not be responsible for the valuables lost if these items are not given to the front desk for safe-keeping, these are the exemption clauses made by the hotel which is a contractual stipulation that seeks to exclude the liability of one party to a contract. This principle of law was established in the case of Olley v Malborough Court (1949). In this case, the court held that if the parties had a history of past dealings with the management or in this case, hotel, then the…
year limitation period after accrual. 1.2.5. The Authority entered into a deed contract with the Developer which establishes the limitation period to 12 years. There won’t be any statute-barred issue with the Developer for a few years. 1.2.6. The Authority entered into a “Deed of Warranty” with the Contractor. The Authority should note that the Construction Contract between the Contractor and the Developer is simple contract which limits contractual proceeding period to 6 years. Since the…
Three Legal/Ethical Issues 1. Surrogate Decision Making 2. Informed Consent 3. Patent Capacity to care for self Discussion of Three Legal/Ethical Issues Legal/Ethical issue 1: Surrogate Decision Making This is necessary in the event patients are incapable of making necessary healthcare decision for themselves. A person appointed as a surrogate decision maker will act in place of the patient in the event any situation arise, example of this can be decision regarding surgery or any other…
Ultra Vires is a Latin word which literally means, ‘beyond the power’. In legal parlance it is used to describe when a person, whether natural or artificial, or a body have acted beyond the power granted to them by law. This phrase is widely used in different branches of law; in Administrative law it is mainly used with respect to an administrative body. In Criminal law it is used with respect to law enforcement agencies, in Company law it is used with reference to the corporate capacity of a…
To illustrate, in Jones v Lipman Mr Lipman signed a contract with Mr Jones to sell his land then he refused to complete the sale by build up a company. Mr Lipman claimed that the land at that moment belonged to the company rather than himself. The judge enforced the contract as the company was just a façade. Other examples such as an employee forming a company to compete with employer’s firm (Gilford v Horne) or…
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…
Officer was appealed in the High Court, but was later dismissed by the Supreme Court. The case was in relation to an area of employment law, which concerns itself with the contract of an employee. The question in hand was whether the demonstrator, Sandra Mahon was employed under a contract of service or rather a contract for service, therefore identifying whether she was an “insurable person”. Sandra Mahon (“The demonstrator”) applied to work for the company (appellant) in 1988 as a…
I am going to begin this paper by stating that I do, in fact, side with Motley. However, because I want to be an attorney, and I enjoy debate, I feel I must explain how exactly I came to this conclusion, as it was not an easy one. Originally, I was torn between Motley and Anderson. I agreed with both of them in that a sender and receiver is necessary to facilitate communication, thus eliminating Clevenger; however, I struggled with the differentiation they drew in regards to intentionality.…