Legal terms

The main issue in this case is to establish whether or not there is an actual or apparent contract formed between the firm and Picasso that could give rise to legally enforceable rights. Essentially, the case in question is to determine whether Craft is still an apparent member of the firm in Picasso’s eyes, so that he can be held liable for the default payment obligations. The essay will analyse how the activity which has taken place in the case can be justified by applying the principles…

On the 8th of November I visited Oxford crown court; whilst I had previously attended various levels of courts to witness trials, I had never watched a sentencing. Therefore, intrigued to see the process, I decided to watch the sentencing of Tom Mobey. Immediately upon entering the courtroom I noticed a very different atmosphere to trial, one that was much more private and personal. There was a limited number of people in court: just the two opposing counsel, a clerk, the defendant and his…

The standard of care the court will apply will be the widely accepted standard of competent professional practice in Australia by members of the same profession (CLA (s41(1)). (ii) If the surgeon’s legal counsel calls witnesses who testify truthfully that her techniques were widely but not universally accepted, would that information help to rebut the allegation? Yes, that information would help to rebut the allegation as professional opinion does…

In Missouri, there is a strong presumption against the hostile element of adverse possession in cases of co-tenancy. See Mann v. Mann, 353 Mo. 619, 622, 183 S.W.2d 557, 558 (1944). To overcome this presumption, the claimant must establish that he acted in a way that was irreconcilable with their co-tenant’s possessory interest. See Golden v. Tyler, 180 Mo. 196, 204 (1904). Though it is not necessary to show actual notice to the co-tenant, the claimant must demonstrate intent to solely possess…

ARGUMENT I. THE PETITIONER, IN THIS CASE, WAS AN EMPLOYEE OF PLUS BUILDING, INC., AND NOT AN INDEPENDENT CONTRACTOR. Respondent claims that Petitioner Mr. Kroplewski was not an employee of Plus Building, Inc., but an independent contractor. Although there is no rigid rule of law to determine whether an employer-employee relationship exists between parties, such determination depends on the particular facts of the case. The range of factors is considered in making that determination…

The court will probably find that Bill and Sandie’s possession of the Green was “open and notorious.” This is one of the five elements of adverse possession. Possession is “open and notorious” when the adverse claimant’s use of the property can be observed, by another, through the erection of a structure or participation in activities that can be seen. Appalachian Regional Healthcare. Inc. v. Royal Crown Bottling Co., 824 S.W.2d 878 (Ky. 1992); Kentucky WCTU v. Thomas, 412 S.W.2d 869 (Ky.…

One or all could attempt to prove, that a legal claim for negligence might be made against Jamie's Whaling Station Ltd., the owner/ operator, crew, and or captain. The plaintiff must prove one or all of the defendants owed a duty of care to the passengers on the tour to act carefully towards the…

Although Mike may lack the ability to make rational choices in a long-term situation because of his injury, I do not think that pertains to the situation at hand. Rational choice states that an individual weighs the costs vs. benefits of committing criminal activity, which Mike did not have time to do before committing the…

A number of individuals have suggested that liability suits have become a game in which evidence may not matter, such as the case HONDA OF AMERICA MANUFACTURE VS BRIAN NORMAN. The incident that began the product liability lawsuit began on December 2, 1992 at 2:00 am. The daughter of the Norman’s, Karen Norman was backing out when she ran into a ramp near the Galveston bay. Karen was not able to maneuver the 1991 Honda civic with two point passive restraint system that drawn up above the…

SHAWANO, Wis.—A lawsuit filed Monday morning by May, Koch & Brisco Law Firm targets Ford Motor Company (FMC) to seek redress for damages they caused to current and former residents of Shawano, Wisconsin with their negligent waste disposal. The plaintiffs in this lawsuit are 210 current and former residents of Shawano, and all are members of the historic Menominee Indian Tribe, according to attorney Michela May. The plaintiffs seek compensation from defendants FMC and the Shawano County Solid…