• Dram Shop Alcoholic Beverages
    1,459 words
    Dram Shop Liability Definition Dram shop liability, is grounded in the common law theory of negligence. Although imposes criminal dram shop liability, no such comparable statute exists for purposes of establishing civil liability. Thus, recovery by third parties is only available by establishing the elements of a common law negligence claim, i. e. , duty of care, breach of the duty of care, and damages causally relate to the breach. Nonetheless, a violation of a criminal statute does constitute...
  • Dred Scott Case United State
    2,563 words
    Belonos 1 Staci Belonos Ms. Bov ian American Government 18 November 2000 The Dred Scott Decision The Dred Scott decision of the Supreme Court in March 1857 was one of the major steps on the road to secession. Dred Scott was a slave who was taken to Missouri from Virginia and sold. His new master then moved to Illinois (a free state) for a while but soon moved back to Missouri. Upon his master's death, Scott claimed that since he had resided in a free state, he was consequentially a free man. Th...
  • Random Liability Law Person Injury Product
    1,419 words
    WHEN IS A PLAINTIFF ENTITLED TO RECOVER? A. A plaintiff who was injured as as result of some negligent conduct on the part of a defendant is entitled to recover compensation for such injury from that defendant. A plaintiff is entitled to a verdict if jury finds 1. That a defendant was negligent, and 2. That such negligence was a cause of injury to the plaintiff. Q. WHAT IS NEGLIGENCE? Negligence is the doing of something which a reasonably prudent person would not do, or the failure to do somet...
  • Case Brief Tee Box
    922 words
    Case Citation The case I chose to do was Patrick Joseph Potter, Appellant, v. Green Meadows, Par 3, Appellee. The case was found in the Southern Reporter, volume 510 starting on page 1225. The District Court of Appeal of Florida, First District heard the case and made its decision on August 13, 1987; 510 So. 2 d 1225 (Fla. App. 1 Dist. 1987). Summary of Facts The original case in question consisted of golfer being injured and filing charges of neglect against the owner of the Green Meadows Par ...
  • Title Vii Mrs Pitman
    2,856 words
    Issue: Under Title VII of the Civil Rights Act of 1964 can an employee who is African American demonstrate that her employer discriminated against her by failing to promote her to the position of senior control buyer, where she has seven years of experience in the retail catalog business, two years as a control buyer, trained new buyers, received a special achievement award for contributing to the positive profile of the company and where the person who was hired in her place has no experience a...
  • Implied Condition Shoes Purpose Goods
    2,739 words
    Case study: David Jones Ltd v Willis (1934) 52 CLR pages 110 till 133. This case has created controversy among the Courts and such justices as Rich, Starke and Dixon. They all have different but similar decisions, relating to The Sales of Goods Act 1923 (C! |th). Summary This case deals with the defendant David Jones Ltd versus Willis the plaintiff, on the appeal from the supreme court of New South Wales. The case is related to The Sales of Goods Act 1923 (C! |th). In the case the plaintiff pur...
  • Injunction Federal Trademark
    1,363 words
    CBS Broadcasting, Inc. v. VanityMail Services, Inc. Federal Trademark Infringement- Likelihood of Consumer Confusion (Lanham Act 43 (a) ) a) Section 4 (a) provides that the plaintiff must prove the following: 1) that the defendants domain name is identical or confusingly similar to a trademark or service mark in which the plaintiff has rights; and 2) the defendant has no rights or legitimate interests in respect of the domain name; and 3) the domain name has been registered and is being used in ...
  • Breech Of Contract Innocent Party
    870 words
    Remedies for breach of contract Contrary to what most people might think, the solution for breach of contract is not designed to punish the guilty party, instead it is to protect and preserve the rights and reasonable expectations of the party seeking reimbursement. The purpose of the contract law is that in the event of one party not fulfilling their obligation towards the other party, the party harmed will be compensated for its losses. In most cases the standard solution for breach of contrac...
  • Common Law Plaintiff Pension Defendant
    341 words
    Re: Ingersoll -Rand Co. v. McClendon, page 57 Date: 1-4-99 FACTS: Perry McClendon, plaintiff, was an employee of Ingersoll-Rand Co. , defendant, for nine years. Plaintiff felt he was fired short of his ten years of service so defendant could avoid pension obligations. Plaintiff sued for wrongful discharge. Defendant argues that plaintiffs common law claim was preempted by the ERISA (Employee Retirement Income Security Act). ARGUMENTS: Plaintiff: Wrongful discharge Defendant: Terminated at will ...
  • Law Brief Ausley V Bishop
    268 words
    Ausley v. Bishop FACTS: In November 1994, Bryan Bishop began working for Andrew Ausley as an apprentice to gain his appraiser's license. After getting his license in April 1997, Ausley wanted to Bishop to sign a new employment contract that included less pay than before. After Bishop refused and decided to open his own office, Ausley told other people that Bishop was unethical and had even stolen files from Ausley's office. Ausley filed suit that Bishop breached contract and was granted a summa...