Business Law In business law, there are a number of procedures that are used in settling disputes. For cases, under $5,000.00, small claims court is utilized as a way to effectively litigate potential issues and come to a solution in a cost effective manner. This is when there are no attorney's present. Instead, each party will present their side of the story to the judge. They will bring forward their own witnesses and evidence to support their case. (Warner, 2012) To fully understand how it works requires carefully examining a case in small claims court. This will be accomplished by focusing on the citations, facts, issues, court decision and legal reasoning. Together, these elements will highlight how this process works and the way various findings are reached by the judge. (Warner, 2012) Citation of the Case The name of the court where the proceeding took place is the Superior Court of California in the County of San Francisco. The case that was being decided is Robin Hunt vs. Depuy Orthopedics Inc under CGC-12-52164. It occurred on June 4, 2013 at 10:30 AM. The people who were inside the court room were mainly the defendant, plaintiff, the witnesses, the judge and bailiff. (Robin Hunt vs. Depuy Orthopedics Inc, personal communication, June 4, 2013) Facts In this case, Patricia Hunt filed a lawsuit against Depuy Orthopedics Inc of Indiana. She claimed that she purchased a prosthetic limb and it did not function the way it was suppose to. Instead, it continued to
The plaintiff (Southern Prestige Industries, Inc.) initiated an action against the defendant (Independence Plating Corp.) in a North Carolina state court for a breach of contract. The plaintiff alleged that defects in the defendant’s anodizing process caused the plaintiff’s machine parts to be rejected by Kidde Aerospace. The defendant being a New Jersey corporation and having its only office and all of its personnel situated in the state filed a motion to dismiss citing lack of personal jurisdiction. The trial court denied the motion and the defendant appealed arguing that there were insufficient contacts to satisfy the due process of law requirements
10. Dan hires Eve to perform at Dan 's Club, but Eve later breaches the agreement to accept a higher-paying job at First Star Arena. Dan files a suit gainst Eve. The court will most likley: award damages to Dan.
Part I: Overview of Case (who is involved and what they are arguing, as well as all possible theories, defenses, and torts involved)
Lastly, John and Mary Doe, a married couple, filed a companion complaint, connecting their case to that of Roe’s. They were seeking declaratory and injunctive help and they made the District attorney the defendant. Both, John and Mary
In 1816, the 2nd National Bank of the United States was chartered by Congress, establishing a branch in Maryland. In trying to protect local business and claiming the unconstitutional chartering of the National Bank, (?????as a direct response????), the state of Maryland passed legislation to impose a tax on all banks not chartered within the state (the Bank of the United States was the only bank that qualified). However, McCulloch, the cashier of BUS’ Baltimore branch, refused to pay this tax and was sued by the state. McCulloch lost in county court and the decision was reaffirmed by the appellate court.
BIS did not breach duty of care because according to "N.Y. GOB. LAW 18-105: NY Code -Section 18-105: Duties of skiers" 10-11, each skier shall have the duty not to willfully stop on any slope or trail where such stopping is likely to cause a collision with other skiers or vehicles and to yield to other skiers when entering a trail or starting downhill. Craig neglected his duty to both.
Identification of Parties and Procedural Details: Who is the Plaintiff/Appellant? Who is the Defendant/Appealer? What is the cause of action? Who prevailed in lower court? Who is appealing to what court?
Elizabeth Blackwell showed herself as a dedicated and diligent doctor during five years of work in Neurological Associates, and made a significant contribution to the profit margin of the partnership. The partners were delighted with hiring Blackwell in 2005 and they introduced her to medical physicians at a conference. But the referral base Blackwell went through was not the result of that investment by the partnership but instead it was the evidence of her professionalism in neurological sphere.
Reached East tamaki director as regard this phone is not fully visable Unpractical without a console and presently suspended and rendered unusable hence
Kate is the owner of a successful business, selling women’s shoes. Her business is expanding fast and she wants to upgrade her business structure to a more appropriate one. What would be your recommendation to Kate and why? What are the factors that influence you with this advice?
Olley v Marlborough Court Ltd [1949] 1 All ER 127 (UK Court of Appeal), Reg Glass Pty Ltd v Rivers Locking Systems Pty Ltd (1968) 120 CLR 516 (High Court)
Contracts, business, and laws are three simple little words, but when put together they have a substantial impact on our everyday lives. Below we will discuss three case studies. The first case is between Chris, Matt, and Ian vs. Donald Margolin, who was injured when he used an aftershave lotion that he bought off the internet called Funny Face. The second case is between Sam, his landlord, and a national chain store. Sam is being accused of conducting business from his apartment and going back on a verbal promise. In the last case is two lifelong friends who decided to join in a partnership and open up a sporting goods shop. Therefore, before the appropriate court can proceed with the first case, the court should take into several considerations around the rules of jurisdiction, alternative dispute resolution (ADR), and whether or not corporation/or corporate offices can be held for the criminal or potential act. In the second case before the court can rule the court should determine the various elements of a valid contract, if a quasi-contract exists, a promissory estoppel, and the rights an obligation of a tenant would prevail on Sam 's claims. Finally, in the third case between Jeb and Josh, they should determine the type of business entity that will overall protect their business and personal needs.
Peter Nicholson wishes to convert the factory in the north east to production of the electric taxi. Using data in Appendix C, Table 1, calculate payback period and the average rate of return.
6/2/16 – a meeting was held with Shane, in the presence of his Union Representative, Tom Brice, to discuss the allegation that he violated DOT&PF’s Unauthorized Expenditures/Purchases P&P #10.01.022, when he purchased meals while traveling for work on May 16 - 17, 2016.
The purpose of this assignment is to discuss the creation and application the case law resulting from the decision in Donoghue v Stevenson . This decision is often cited in relation to the tort of negligence and a duty of care. As such it could be misunderstood as being the preeminent case for the principles of negligence or duty of care alone. It is however the landmark precedent case for the tort of negligence outside of a contract when taking into account ‘duty of care’ and the ‘neighbour priciple’.