Tort reform

breach of contract cases. Courts, though, have allowed punitive damages if there are independent injuries involved based upon in an independent tort. This standard appears to be met in Aldridge’s case. Aldridge may not rely upon breach of duty to justify for punitive damages, but other independent grounds may be used. Courts commonly use the tort of fraud in order to satisfy this element. With the idea that a contract is never established if it was fraudulent in the first place. For…

In the scenario above the hobby shop owner receives an order from a customer and based upon the order the hobby shop owner begins to work on the order the same day. The order was placed for a “custom toy train” which had to be “specially manufactured” therefore not an off the shelf item. The order came in on a Tuesday and 3 days later on Friday the buyer called and had decided he wanted to cancel the custom train order. In this case we are unaware of the price of the toy train, but assume the…

Right to Hot Pursuit: Explanation of the Idea An exception to the exclusive jurisdiction of the flag state over a vessel in the high seas is the right of hot pursuit (Kapoor, 2008: p. 145). The right of hot pursuit of a foreign vessel is a principle designed to ensure that a vessel which has infringed the rules of a coastal state cannot escape punishment by fleeing to the high seas. In reality it means that in certain defined circumstances a coastal state may extend its jurisdiction onto the…

1. The question is whether, under an implied warranty of merchantability if the coffee that was sold to Mrs. Leibeck was served in a defective state unfit for their ordinary purpose, and that the coffee that was served was the same quality and value as similar goods sold under similar circumstances. 2. The question is whether; under the provisions of an implied warranty of fitness, did McDonalds know of the dangerous condition inherent in serving its coffee at 180-190 degrees “so hot” that it…

If such a defect was underlying, was it known to the CJS Inc.? DJ should also consider pursuing compensation using a sub-classification of tort law and depending on relevant facts, deceit, fraud or a product liability claim could be made. Correspondingly, under negligence law, DJ may argue that CJS Inc. sold him a defective product that was not fit for its intended and known purpose. DJ could…

Sports law is relevant to the administration of sports and a person’s participation in sport whether they play at amateur, professional or international level. The legal issues that arise from a sporting activity can involve aspects of contract law, torts, anti-discrimination, trade practice and criminal law The most common procedure involves breaches of the rules of the game that are contrary to the principles of the game that are seen as being against the morals of sportsmanship. From this…

In 2014, three temporary workers lost their lives while carrying out engineering project work. These resulted from falls from height, one worker passed away in a traffic accident, and one member of the public died following an illegal break in at a disused Nestle factory. At Nestle, they believe that sustainable success can only be reached by people. Nestle believes that accidents are preventable and therefore “one accident is one too many”. In order to prevent accidents, they establish local…

The claimants argued that the defendant intentionally interfered the contract he had with his employer and was behind his termination. The law gives greater protection for someone with an existing contract and no one time the law will tolerate for a third party to interfere an existing contract and later entice one of the party to breach its contract. Due to that, the defendants intentionally interfered the claimant’s contract without any justification and used improper means to terminate the…

A warranty is a less important term which is incidental to the main purpose of the contract. Failure to observe it does not cause the whole agreement to collapse; but consequently the innocent party may claim damages for its breach but is not allowed to treat the contract as repudiated. If the washing machine supplied to James works but looks shoddy owing to damage to the exterior casing caused during delivery by Bernard, a claim for damages may take the form of a reduction in the purchase…

The followings are my explanations to the requested issues. • The grounds for Ellis' claim against Floidex in relation to the contaminated Agri-Therm: Ellis's claim is on the ground that Floidex has breached the condition of their contract. That Floidex sent a defective consignment to Ellis of which as a result Ellis lost sales to its retailers. Therefore, Ellis believes Floidex has breached the express terms of clause 7.1 and 7.1.4 of its Standard Terms and Conditions (sale of Goods) (the…