Contractual term

3. Persuasive Authority • Persuasive authority means that a court may follow the opinion or reasoning of the “persuasive” case but it is not required. The decision to follow persuasive authority depends on the stature of the court deciding the earlier case, the reasoning of the opinion, the similarity to the instant case, and whether the current court agrees with the case. • A federal circuit or district court decision on a question of federal law may or may not be persuasive to a state…

Assumption of risk is a type of defense mainly used for personal injury and negligence lawsuits. The assumption of risk surfaces when a plaintiff knowingly and voluntarily assumes a risk of harm associated with the negligence of their actions. Once a plaintiff has assumed risk, they can no longer recover damages for any harm caused by their conduct, even if they were not negligent or irresponsible (LaMance, 2016). The assumption of the risk prevents a defendant from disclaiming liability, it…

Michigan House Bill 4015 (2017): Bad News for Michigan Condominium Associations On January 12, 2017, House Bill 4015 (2017) was introduced in the Michigan House of Representatives. The bill is a re-incarnation of former House Bill 5655 that had previously failed last year. Similar to House Bill 5655, House Bill 4015 is extremely problematic for Michigan Condominium Associations. House Bill 4015 would make the following significant changes to the Michigan Condominium Act: 1. Requiring…

Testamentary capacity is a vital element in writing of wills. Testamentary capacity means that the mental ability of an executor or a testator of a will to know what property he or she owns, his bounty natural objects and the general scheme of disposing the property he owns (Hecker, J. 2010). To start with, it will be pivotal to deduce facts related to the executor of the will. The first thing to know will be to know if the testator had was at least 18 years of age. I will also seek to know…

Employer has violated Rule 35 of the Collective Bargaining Agreement (CBA), between the State of Alaska and the Inlandboatmen’s Union of the Pacific (IBU). The Union claims Mr. Uddipa submitted a valid MD UFFD and, for this reason, there was no contractual violation on Mr. Uddipa’s part. Furthermore, asserting that the Employer can’t discipline on suspicion. RELIEF SOUGHT: Rescind Mr. Uddpa’s LOW as no contract rule was violated. CONTRACT VIOLATIONS CITED: Rule 35 FACTUAL BACKGROUND: On…

Implied constructive trusts arise in the absence of a declaration of trust where another has acted to their detriment under the influence of the trustee which caused a mistaken belief that their act would lead to a beneficial interest in the land, similarly to proprietary estoppel in the necessity of acting to one’s detriment. Constructive trusts also aim to avoid unconscionable behaviour, the similarities in purpose between the two does create an expected amount of overlap. Claims in…

LaTonya’s article is very insightful and is backed by a thorough diagnosis of the applicable property laws for Martin’s defense. However, I respectfully disagree that Otis, the squatter, did not provided or adhered to the elements of adverse possession. It is my argument that Otis will win any case brought against his claim to Martin’s former property. The reason for the development of the adverse possession statute was to ensure that absentee land owners did not prevent the productivity of…

3. Suit for specific performances-  Specific performance means seeking an order from the court that the promise specified in the contract shall be carried out.  When actual damages arising from breach are not measurable and monetary compensation is not an adequate remedy, specific performances then May be directed by the court. 4. Suit for Quantum Meriut- As much as is earned If the party prevents the other party from completing his obligation under the contract, the aggrieved party may claim…

Foreseeability A manufacturer is liable if the incorrect use of the product was reasonably foreseeable, by an ordinary person, and no steps were taken to prevent such use. When material alteration of the product is already known, and strict liability needs to be determined on the part of the seller or manufacturer, the question is whether it is foreseeable that such an alteration would be made. This foreseeable alteration, however, cannot unforeseeably result in an unsafe product, instead,…

The distinction between real rights and personal rights has its foundation in Roman procedural law, dividing remedies into real actions and personal actions. Personal rights and real rights have particular distinctive characteristics, which assists us to classify which is which, although this was not to act as exclusive classification. The distinctive characteristics are seen in the following areas namely; in the object, content, remedies, origin, absoluteness, preference and publicity of the…