Tort reform

Texas Customer vs. California based Widget Co. Widget Corporation, based in California, and the company President are being sued for damages caused by the installation of their product in Texas by a local handyman hired by Widget Co. Even though the Widget was incorporated in Delaware, California is considered the headquarters because business is conducted from that location. Civil law can generally be divided into two categories: substantive and procedural. Substantive law can be…

The main issue for this case is whether or not Dr. Baugh and Dr. Feldman’s noncompete agreements with Colombia Heart were in fact enforceable. Originally, on the trial court level, they agreed with the doctors in their suit against Colombia Heart, stating that the noncompete provision was unenforceable, and their actions were admissable. Colombia Heart brought it up on appeals. The case was ultimately reversed in their favor, as on appeal they disagreed and found that the noncompete agreements…

Assault What is assault? Is it different than a battery? What happens if I’m charged with assault? Simple Answer: Assault and Battery are two different charges. They do relate to one another but they are considered two separate crimes. So then you may ask, “ What is assault?” You commit the crime of assault when you threaten or attempt to inflict offensive physical contact or bodily harm on a person that puts the person in immediate danger of or in apprehension of such harm or contact. A…

Stella Liebeck was the passenger of a vehicle operated by her grandson who stopped at a McDonald’s restaurant in Albuquerque, New Mexico. Her grandson stopped the car after receiving coffee at the drive through window. Mrs. Liebeck knowingly placed a full cup of hot coffee between her knees and removed the lid to add cream and sugar. By removing the lid in an unsafe manner, she spilled the coffee in her lap, suffering third-degree burns to her lap and buttocks. In the trial, her lawyer…

The accident was not caused by any breach of the statutory duty imposed by Section 3 of the Safety in Factories (Scotland) Act 2009. There has been no fault found with the hoist, even after a thorough investigation, which proves that my client has demonstrated positively their absolute and exact compliance with s. 3. No particular step in which my client omitted to take can be singled out therefor there was no breach of the statutory duty. The failure remains an unexplained mystery. My client…

‘Good Faith in Commercial Agreements and Dispute Resolution – A Comparative and Transactional Perspective’ by Professor Bryan Horrigan BA, LLB (Hons) (Qld), DPhil (Oxon), Dean, Faculty of Law, Monash University, Melbourne, Australia E.C. Zaccaria, “The Dilemma of Good Faith in International Commercial Trade” [2004] MqBLJ 5. . R, Brownsword, et.al., “Good Faith in Contract: Concept and Context” in R. Brownsword, et.al. (eds.) Good Faith in Contract: Concept and Context (Aldershot: Ashgate…

Under the UCC, the buyer’s right of specific performance is granted only where the goods are unique or proper circumstances. It has to pass the uniqueness test and other proper circumstances test. It is the extraordinary remedy where the monetary remedy or damages are not enough for the loss of the buyer. The court has the discre-tionary power to grant the specific relief if it thinks fit. Specific performance includes a right to obtain substitute goods from other market and the right to ask…

1. It has been determined that the product (coffee) that was sold with a defective container that had design defects, that the serving specifications of the coffee was manufactured at excessively high temperatures, moreover the container that it was sold in had no warnings, thus it was defectively marketed, so it is considered unfit for the ordinary purposes for which such goods are used; therefore, it is in violation of an implied warranty of merchantability. In contrast to this case of an…

Facts. On August 24, 1956, David Spaulding still a minor at the time, was involved in a car accident in which he was a passenger of John Zimmerman, and a car driven by Florian Ledermann and owned by John Ledermann. David was severely injured in the accident; as a result, his father Theodore Spaulding filed a suit against Zimmerman and the Ledermanns. He wa later examined twice by his doctors suggestions, on January and March, 1957, where everything was found normal. At defendant's request David…

Policy Identification and Explanation Public Law 105-19, also known as the Volunteer Protection Act of 1997, was passed by Congress on May 1, 1997 and went into effect on June 18, 1997. The need for this bill became evident as litigation against volunteers for negligence increased. The goal of this bill has been to protect volunteers from becoming involved in situations out of their control. In an attempt to reach this goal, this law has placed conditions on volunteers to reduce litigation…