People V. Rower Case Summary

People V. Rower Case Summary
WAYNE F. CROWE, JR., an attorney duly licensed to practice law before the Courts of the State of
New York, affirms under the penalties of perjury that the following statements are true and accurate:
1. I am the attorney for the Petitioner in the above–referenced special proceeding, wherein Petitioner
seeks an Order of Protection against his brother in law, Respondent Joza. 2. The Respondent has
moved herein for an order pursuant to CPLR §3211(a)(7) dismissing the Petitioner's family offense
petition and requests that this Court vacate the Temporary Order of Protection issued in conjunction
therewith. For the reasons that follow, the Respondent's motion must be dismissed. 3. In essence,
Respondent is seeking amplification of the pleadings, ... Show more content on Helpwriting.net ...
The facts as taken as true and all reasonable inferences that flow therefrom establish that a course of
conduct was taken by Respondent against Petitioner. 9. In People v Pugash, 179 Misc2d 819 (S. Ct.
Appellate Term, 2d Dept 1999) the Court held that three telephone calls from the defendant to the
victim was sufficient to establish a course of conduct as required by Penal Law § 240.26. 10. Case
law suggests that an isolated incident is insufficient to make a prima facie showing of harassment,
but does not establish a bright line rule about the quantity of incidents that constitute a course of
conduct. In this case, the petition alleges several text messages and fully describes at least two of
them. This is sufficient to establish a course of conduct. 11. For an intentional crime, the perpetrator
must engage in conduct with the conscious objective and purpose of causing a particular unlawful
result. People v Atkinson, 21 AD3d 145 (2d Dept 2005). Intent for the purposes of statutory
requirements under the Penal Law can be inferred from the act itself or from the defendant's
[Respondent's] conduct and the surrounding circumstances. People v Bracey, 41 NY2d 296 (1977).
More importantly, "t]he question of whether [respondent] acted with the requisite intent to harass,
annoy, or alarm the complainant is an issue to be determined at trial. People v Grimaldi, 49 Misc 3d
1204(A) [Crim Ct
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Maria Ordered Supplies From Ftc Enterprises
11. Maria ordered supplies from FTC enterprises. Bob, the owner of FTC enterprises, sent a credit
application form to Maria. A couple of days later, Maria sent back the credit application with a
signature that appeared to be under her name. Bob shipped the supplies thereafter awaiting Maria's
payments which never came. Bob later sued Maria for payment collection, but Maria denied ever
signing the paperwork and claimed that all credit documents were referred to her receptionist. Is
Maria liable?
In this case Maria is considered as a disclosed principal and Maria's receptionist is her agent. A
disclosed principal is defined as a principal whose identity is known by a third party (Clarkson,
2015, p 644). FTC being the third party in this situation, recognizes Maria as a principal and
recognized her receptionist as an extension of Maria's authority. By referring credit documents and
inquiries to her receptionist, Maria is granting her receptionist implied authority to process credit
documents on her behalf (Clarkson, 2015, p. 643). Therefore, Maria will be held liable regardless of
whether or not she was aware of her receptionist's actions.
12. Tiffany hires Tim to drive her car for business purposes. Tim informs Tiffany that his driver's
license if suspended, but Tiffany disregards that and still permits him to drive her car. Who will be
held liable if Tim gets into an accident who will be held liable?
Tiffany will be held liable because she knew that Tim was driving her

Ultra Vires Essay
6. Ultra Vires Lending.
7. Ultra Vires Torts.
INJUNCTIONS
In the first place, that the members are entitled to hold a registered company to its registered objects
has been recognized long since. Hence whenever an ultra vires act has been or is about to be
undertaken, any member of the company can get an injunction to restrain it from proceeding with it.
In this case the House of Lords observed that the doctrine of ultra vires, as it was explained in the
Ashbury's case, should be maintained. But it ought to be reasonably and not unreasonably
understood and applied and that whatever may fairly be regarded as incidental to the objects
authorized ought not to be held ultra vires, unless it is expressly prohibited.
Accordingly in London County Council V Attorney General , the council having statutory power to
work tramways was restrained from running omnibus in connection with tramways. The court found
that the omnibus business was in no way incidental to the business of working tramways, and
therefore, could not be undertaken although it might have materially contributed to the ... Show
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To put it in other words, that ultra vires contract is void and without any legal effect, which may
cause hardship to innocent persons who are unaware with the capacity of the company to enter in to
such contract. The observation made in the historical example of the famous case of Ashbury
Railway Carriage & Iron Co. V Riche , concluded that an ultra vires contract being void– abinitio
which cannot become intra vires by reason of estoppels, lapse of time, delay or acquiescence.
The incapacity of the company to make contract sometimes caused great injustice and hardships to
the person who had no knowledge of such incapacity of the company. For example, in Beauforte
(Jon) London, Ltd.
The company, Jon Beauforte Ltd., was authorized by its memorandum of association to carry on

The Case Of Harvey And Capability Limited
The Case of Harvey and Capability Limited
Before analysing, Harvey needs to be advised that there are two known clauses that exist in a
contract; limitation clause and exclusion clause. He needs to understand that there is a difference
between both of these clauses. When there is a breach of the contract, the limitation clause that is
relied on in a contract and enforced would make an effort to pay for certain damages. This can only
be used as an indicator for Harvey to recognise their differences, but, it will not be explained any
further as the enquiry made is only related to exclusion clause. Capability Limited is a private
limited company that has subcontracted a sole proprietor, Reckless Enterprise. As the damages were
done by Reckless Enterprise, with the matter of who is liable to pay for it, the court needs to look
deep into the consequences of Capability Limited and how Reckless Enterprise was included in the
Memorandum as a third party.
Exclusion Clauses
If the contract is breached, the party relying on the exclusion clauses will not be responsible for
paying for any damages (Treitel, 1995). If the document does not have any intention for the
contract, exclusion clause will not be bound. As it can only be defined in this manner, Harvey also
has to ... Show more content on Helpwriting.net ...
It is a philosophy of Contract Law. There should be an intention to make an offer, and, to accept and
consider to it. Although it is read without comprehending, the person signing the contract would still
be bound by it. In L'Estrange v Graucob, the claimant purchased a cigarette vending machine and
signed the order without reading the clause. She sued the defendants as it did not work but the court
argues that, once signed, she was automatically bound by the clause regardless of whether she read
it or not. However, in other cases, it can be argued that there are other exceptions that would be
convinced that exclusion clauses will not be

The Legal And Spiritual Ramifications Of Marshall's...
Contract Analysis In any contract there are legal and spiritual ramifications that must be taken into
account, and this situation has several legal and spiritual factors. What should I do about continuing
business with Marshall? If I elect to stop doing business with Marshall, what legal causes of action
might he bring against my company, what damages or remedies might he seek, and what legal
defenses might my company have? What are the potential impacts on Marshall's continued
exploration of his faith? What biblical options are available for resolving your disputes with
Marshall? There are many ways to analyze this problem to determine what route I need to take. I
feel that I must take my time make a proper decision by looking at everything from a legal
perspective followed by a spiritual perspective. Additionally, as Dr. Kippenhan (n.d.) stated in her
presentation Biblical Dispute Resolution, "Be like our God, slow to anger"
(https://learn.liberty.edu/webapps/blackboard/content/listContent.jsp?
course_id=_281273_1&content_id=_12130777_1) Legal Issues If I elect to stop doing business
with Marshall, what legal causes of action might he bring against my company, what damages or
remedies might he seek, and what legal defenses might my company have? Before I can make that
determination, I must first understand all the legal ramifications of such a case. Exclusive dealings
and promissory estoppel are two legal concepts they may work in favor of Marshall. However, the
age of

Elements Of Contracts Act 1950
Introduction In Malaysia, all contracts formed are bounded and enforced by the Contracts act 1950.
The conditions stated in all contracts must be certain and definite. This is crucial to every contract
formed because it would be biased for a court to determine the performance of a contract based on
the ambiguity or error of the contract. There are six elements that must be present when forming a
contract, being; Offer, Acceptance, Consideration, Intention to create legal relations, Capacity to
contract, and Certainty. For this assignment, let's focus on the capacity to contract and critically
discuss of the fairness of this element of Contracts act 1950. In a very general term, everybody has
the capacity to contract. Section 11 of the Contracts Act 1950 states that "Every person is competent
to contract, who is of age of majority according to the law which he is subject , and who is of sound
mind, and is not disqualified from contracting by any law to which he is subject"(Section 11 of
Malaysian Contracts Act, 1950). It basically derives to mean that any person who intends to enter
into a contract must have the capacity in terms of a sound mind, age and not disqualified by law.
This assignment will further discuss various factors that affect the capacity of a person to enter and
enforce a contract. ... Show more content on Helpwriting.net ...
Inman [1908] 2 KB 1, the plaintiff who is a tailor enter into a contract to supply the defendant who
is an undergraduate student with, amongst other necessities, 11 luxurious waistcoats. The defendant
who was a minor already has enough supplies of clothes supplied by his father. When the plaintiff
claimed for reimbursements for these clothes, the defendant sought to rely on lack of capacity to
contract and refused to pay. The courts ruled that though the clothes were suitable to the defendant's
life, they were not considered a necessary as the defendant already had sufficient clothing. Hence,
the defendant is liable to reimburse for the

The Dynamic Economic State Of Affairs
the dynamic economic state of affairs, factors like globalisation of markets, international economic
integration, and removal of barriers to business and trade and raised competition have increased the
necessity of transportation. it 's one in all the foremost vital infrastructure necessities, that is
important for the enlargement of opportunities and plays a vital role in creating or breaking the
competitive positioning. within the industrial lifetime of any country, the necessity for carrying
product from one place to a different can not be overemphasized. Also, product ar to be stirred from
one country to a different. For these functions, a contract of carriage is to be entered into. The
persons, organizations or associations that carry product ar referred to as carriers. product could also
be carried by land (including upcountry waterways), sea or air.
 Definition of Contract of Carriage and Classification of Carriers :
In the industrial lifetime of any country, the necessity for carrying product from one place to a
different can not be overemphasized. Also, product ar to be stirred from one country to a different.
For these functions, a contract of carriage is to be entered into. The persons, organizations or
associations that carry product ar referred to as carriers. product could also be carried by land
(including upcountry waterways), sea or air. consequently, the law with reference to carrying of
products is contained within the following enactments:
1) In case

Analysis Of The Sale Tolman's Case
COMPLAINT Frank W.Tolman, Sr., submitted a complaint on October 25, 2014, regarding Alan L.
Grenier, Esq. Tolman Sr. alleges that Grenier did not properly handle the sale of his property, 175
Central Street, Georgetown, MA. During the sale Tolman alleges that Grenier was deceitful,
unethical, and fraudulent. Additionally, he asserts that he did not receive his entire case file,
including properly executed paperwork required for taxes, and that Grenier "continued to run up
legal bills and stalled me with no action." Grenier has allegedly violated Mass.R.Prof.C. 1.1, 1.2,
1.4(a)&(b), 1.16(d), and 8.4(c). FACTS In 2003, Tolman Sr. retained Grenier to assist in the sale of
his property located at 175 Central Street, Georgetown, MA. Tolman Sr. purchased the land in 1960,
and in 1996 he granted an easement on the property to a neighbor in order to "use, maintain, and
repair an existing" septic leaching field on his property. The property has many issues as a result of
this septic system and its lack of inspection of, as well as its proximity to conservation and
wetlands. It appears that Tolman Sr. had been trying to sell this piece of land since at least 2003, and
even received an offer of $215,800 from one prospective buyer in 2006; however that sale fell
through when Tolman Sr. could not agree on the terms of repayment with the buyer. Despite the
issues with the land, on October 31, 2011 Brian Farmer, who is a certified sanitarian, and familiar
with these types of

The Production Of Anti Oxidant Muscadine Grapes
Facts of the Case:
I have been in business with this family owned produce store that specializes in the production of
anti–oxidant Muscadine grapes. We have formed a contract given the results of how popular their
product was: I place regular orders to be supplied with their grapes, and in return I make my
payment within 30 days. They have filled out all of my requests in a faithful manner. However, on
several occasions I was 15–30 days late with my payments. The company never charged me interest
or late fees. Recently, I have formed a new contract with the son of the owners of the company. It
was to stipulate a guaranteed price schedule to what I have been paying. At the time the son was
only 17 years old, but it has been a month since ... Show more content on Helpwriting.net ...
However, in our state legislatures, if the son allowed 30 days to pass by after his 18th birthday, the
legal majority age, the contract is then ratified. The contract was only shown to the owners after I
have threatened litigation.
Legal Issues:
The legal issues that are present are: breach of contract caused by the family owned produce, the
validity of the contract signed by a minor, and the authorization that minor possessed in relation to
the company. The family owned produced breached their duty of care to me by trying to renege on
the newly formed obligations between my store and them. By attempting to drop me from their
clientele, they have not performed the promised agreements to which the son signed to. Another
legal issue is the validity of the contract that was signed by a minor. As mentioned previously, if
ever a signing party or parties were under the legal majority age (18 years old), that party has the
right to withdraw from their obligations prior to 30 days after their 18th birthday. If the son had of
done this, I would not have seek out any litigious actions against the family owned produce. By
withdrawing before this time frame, no legal agency or entity will see any grounds for me having
the right of recovering any damages made by their actions. However, since the son did not withdraw
from the obligations, nor did the family

Bank Guarantee : Important Tools Of Commercial Transaction
This Term Paper has been submitted by: Avantika Sharma ID No: 214087 On 21st January, 2015
Commercial Law Project During the Winter Semester – 2014–15 Bank Guarantee: Important tools
of Commercial Transaction Chopperscam, the word used to address one of the biggest defence scam
of the past decade. Some ministers and defence personnels were accused of accepting bribes from
an Italian Company, Finmeccannica's, in lieu of lobbying for the company to get them a 560
million–euro helicopter deal, from the Indian government. India scrapped off the contract after
allegations of bribery emerged in Italy against executives at the Finmeccanica 's AgustaWestland
unit. The loss due to this deal would have put India in a tight position, had it ... Show more content
on Helpwriting.net ...
The main purpose of bank guarantee is to provide incentive to creditor to take risks. It protects the
beneficiary in case of non–performance without requirement of any legal actions. When a bank
guarantees on behalf of its client, it assures the other party of financial stability of the client, which
would enable both parties to carry out their business without fear of any delay or non–performance.
It also allows the party, at whose instance, it was given, to earn interest on the amount while it is
kept safe and secure in the bank as a guarantee. Generally, a bank guarantee is used in international
trade, where parties do not know each other or law in each other's country as it saves them from any
risk in case of non–performance or legal disputes. The bank guarantees are broadly divided into two
categories; Financial Guarantees and performance guarantees. A guarantee which is issued in lieu of
monetary consideration is called a financial bank guarantee whereas a guarantee, which is issued in
respect of performance of a contractual obligation is known as a performance bank guarantee. A
financial bank guarantee assures repayment of money, in the event of non–completion of the
contract by the client. The National Highways Authority of India v Ganga Enterprises and Anr. Is
the case which explains the

Harley-Davidson, Inc. V Grottanelli
Running head: Harley–Davidson, Inc. v Grottanelli
Harley–Davidson, Inc. v Grottanelli
Park University
HARLEY–DAVIDSON, INC. v. GROTTANELLI
91 F.Supp.2d 544 (2000)
HARLEY–DAVIDSON, INC., Plaintiff,
v.
Ronald GROTTANELLI, d/b/a The Hog Farm, Defendant.
No. 93–CV–144M.
United States District Court, W.D. New York.
March 24, 2000.
Michael, Best & Friedrich, Dyann L. Kostello, Milwaukee, WI, for plaintiff.
Phillips, Lytle, Hitchcock, Blaine & Huber, Peter K. Sommer, Buffalo, NY, for defendant.
Harley–Davidson, Inc. v Grottanelli
Harley–Davidson, Inc. v Grottanelli was heard before the court in October 21 through 24, 1996. A
decision and order was entered March 20, 1997 in which it was found that the defendant was ...
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See Genesee Brewing, supra, at 150. (Harley–Davidson, Inc. v. Grottanelli, 2000).
It was found that the mere use of the work "hog," regardless of how it is displayed, cannot be said to
be a cause of customer confusion, unless the defendant uses the term in conjunction with the name
"Harley–Davidson" or other Harley–Davidson trademarks.
*
Bibliography
Harley–Davidson, Inc. v. Grottanelli, 93–CV–144M (United States District Court March 24, 2000).
Certiorari. (2012, September 24). Retrieved from techlawjournal.com:
http://www.techlawjournal.com/glossary/legal/certiorari.htm

The Issue Of Term, Legal Profession
The issue of term "Legal profession" insists of people who work in legal environmental or in the
Government . As a first year Law student, I am learning about an overview of the legal profession;
for instance, Legal method and Skills or Legal Systems that definitely influence my career in the
future. After two first weeks studying, my plan future is becoming a solicitor right after I get the
Law Degree. The thing that affected my prompt decision in studying Law is my motivation. Last
year, I was attending to Business Law that was one of the units in my Business Diploma course.
During that semester, the Business Law was deeply attracted to me with not only knowledge about
contract law or tort law but it also explained the Australian legal hierarchy or how I can solve the
case law or legal matter in real life. All of that made me identified how important of the law in this
current society. To archive my target, I should repair carefully for my knowledge and other skills to
become a solicitor. First of all, knowing clearly all the term that related to the legal profession is
very important. If I want to study about the law, I have to know what law is, according to Gibson
and Fraser 'law is rules, developed over a long period of time to control people's interaction with
each other and set the standard of regulation between single individual with other or individuals and
government' . Additionally, it is very necessary for me to distinctly knowing about the legal
practitioner if

Cercla Research Paper
The CERCLA act was designed to create a web of fault camps or in other words liability. "A private
CERCLA recovery action may be brought against any liable party regardless of whether the federal
government has initiated either clean up or a cost recovery action of its own. Parties that settle with
the government however are not liable for contribution." (Dybdahl, 2009). As noted in section 107
of CERCLA there are four classes of persons liable. These persons are present and former owners,
operators, generators, and transporters. Persons who fall into these categories may be held jointly
and severally liable. Current owners face harsh liability because they are liable even if they did not
own the site at the time of disposal. CERCLA however provides a defense if the release and
damages were wholly caused by an act of omission of a third party other than one whose act or
omission occurred in connection with a contractual relation with the defendant. This was later
amended by CERCLA in 1986 due to the term "contractual relationship" because thus arguably
includes transfers of lands. Therefore, CERCLA was amended to exclude innocent land owners
from the definition (Dybdahl, Interview). The second class of persons liable are past owners and
operators. Liability falls under if they owned ... Show more content on Helpwriting.net ...
Therefore it's often that recoverable costs come into play. Section 107 of CERCLA provides that the
government may recover "all costs of removal or remedial action...not inconsistent with the national
contingency plan." The NCP is required to include "means of assuring that remedial action measures
are cost–effective (42 U.S.C. 9605)." Though there are costs that are non–recoverable, the
government must be able to document the cost of its claims. The NCP states that the lead agency
must complete and maintain documentation as to the basis for cost recovery, including accounting
of response costs (42 U.S.C.

Five Elements Of The Theft Act 1968 (TA 1968)
If found liable, Justin and Robbie could both be charged with the property offence of theft under s.1
of the Theft Act 1968 (TA 1968). The Act states 'A person is guilty of theft if he dishonestly
appropriates property belonging to another with the intention of permanently depriving the other of
it...' In order for the offence of theft to be applied, Justin and Robbie must satisfy all five elements
of the actus reus and mens rea at the same time for the prosecution to prove liability. The actus reus
of the offence of theft is outlined in s.1(1) of the TA 1968 as; appropriation of property belonging to
another . Appropriation is defined in s.3 (1) of the TA 1968 as 'Any assumption by a person of the
rights of an owner amounts to an appropriation.' ... Show more content on Helpwriting.net ...
Robbie stabbed Tommy after the alteration in the bank where Tommy punched Robbie in the face.
For Robbie to complete the actus reus of murder, the stabbing needs to be the reason for Tommy's
death. Nevertheless, Robbie stabbing Tommy does not need to be the sole or even the main cause of
Tommy's death. Robbie's stabbing needs only to make a substantial contribution to the killing as
decided in R v Cheshire. In order for Robbie to satisfy the elements of the actus reus, he must also
satisfy causation. R v White, sets out the 'but for test' which asks; 'but for the actions of the
defendant, would the result have occurred?' Robbie stabbing Tommy twice is the only reason for
Tommy's death. R v Cato also held that the defendants conduct must be more than a 'minimal' cause
of the consequences, but it is not required for it to be the substantial cause. Therefore, there is no
intervening act, and the chain of causation is not broke. Tommy's injuries from the stabbing were the
reason for his death and he would not have died had Robbie not stabbed

The Effects Of Psychological Techniques On Innocent...
FALSE CONFESSIONS The majority of people find it hard to believe that an individual who is
innocent would confess to a serious crime that they did not commit. However, empirical data has
now revealed that many innocent defendants have been convicted on the basis of their false
confessions (White, 2003). The following section will analyze false confessions and how they
happen. This section will examine the characteristics of a defendant that may alter a confession, and
then go on to looking at the circumstances of the interrogation.
In the majority of false confession cases, police did not extract the confession by employing torture
techniques. However, the effects of psychological techniques on innocent defendants may have been
underestimated in the past. There are many contributing factors that lead to the admission of false
confessions. The system must consider these factors when determining if a confession is legitimate.
Mental health is one of the major factors one must consider when looking at a confession. Mentally
handicapped defendants are far more susceptible to respond to suggestive police interrogations with
false confessions (White, 2003). To provide an adequate defense, a lawyer should access a
defendant's IQ and determine weather there is a possibility that the defendant may have a mental
disability.
Next, it is important to examine the circumstances of the police interrogation. When a defendant
confesses, it may be due to the police interrogation

Intellectual Property Is The Legal Term
Introduction
According to Wikipedia, Intellectual property is the legal term that refers to the creation of minds,
such as inventors, music, literature, artistic works, words, phrases, symbol and designs. Under
intellectual property law, the owner of intellectual property is granted certain exclusive rights.
Basically, Intellectual property is the term that refers to the creation of mind: inventions, literary and
artistic work; names, symbol and images used in commerce, trade. Intellectual property is divided
into two kinds
Copyright: It covers literary works (for instance poems, magazines, novels and plays), music, films,
artistic works (such as paintings, drawings, sculptures and photographs) and architectural designs.
Rights related to copyright include those of producers of phonograms in their recordings, television
programs and artists in their performances.
Industrial property: It includes all the trademarks, patents for inventions, geographical indications
and industrial designs and infrastructure.
E–business is the business application of data and communication technologies in support of all the
activities of business. Commerce set up the exchange of product and services between businesses,
teams and people might be seen joined of the essential activities of any business. Electronic
commerce focus on the information and communication technologies and uses this to create
relationships of the business with individual, groups and other e–businesses refers to

Legal Terms Of Contract Law
Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will
also talk about a few precedents that help explain the law. Terms of the contract Terms are the things
that make up the contract. They are the actions and inactions that the parties agree upon with each
other. Without the terms there is no contract. They are divided into a few parts, there is express
terms and implied terms. Express terms are terms which are stated and made clear to both parties.
They can be spoken and written but the expression and agreement of them is what makes the
expressed terms. For instance, my phone company are offering me unlimited minutes, this is an
expressed term of the contract since it is communicate to me ... Show more content on
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Conditions are the major terms of the contract, these are the key terms to the contract and are really
important. Each party has a duty to fulfil their obligations in order to fulfil the conditions of the
contract. They are decided at the point that the contract is being negotiated. Express conditions are
conditions that are clearly stated in the contract. In a contract such as a lease, it will be clearly stated
that a person leases the property out for X years and that they will receive the stated amount.
Implied conditions are conditions that are presumed based on the context and nature of the contract,
they are upheld by the law and it is the judicial system that can decide whether implied conditions
are truly implied in a contract. The example of the man in the restaurant is an example of an implied
condition. If any of the conditions are breached by a party, then the other party(s) can claim
damages and can also repudiate the contract. Damages is the term used to describe the monetary
compensation that is awarded by a court in a civil suit to the complainant by the defendant. The
purpose is to restore an injured party to the way they were before they were harmed. Repudiate is
the legal term used for when a party rejects the whole contract. If the party repudiates the whole
contract due to a key condition being breached then they are not bound by the obligations stated in
the contract. They can

Victorian Civil And Administrative Tribunal
TABLE OF CONTENTS I. VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL (VCAT)
What is VCAT...............................................................3 What is the Role of
VCAT................................................3 How VCAT Resolve Cases...............................................3
VCAT Personnel...........................................................4 Facilities on
VCAT.........................................................4 Prohibited Matters..........................................................5
Civil Claims and Residential Tenancies Lists.........................5 II. ETHICAL ISSUES Termination
by Breach (Breach of Contract)...........................5 III. FACTS Facts About the Plaintiff (Ms.
AT)......................................6 Facts About the Respondent (AP)......................................6 IV.
RELEVANT LAW Australian Consumer Law Act and Fraudulent Claims..............7 V. LEGAL
ARGUMENTS Arguments of the Plaintiff (Ms. AT).......................................7 Arguments of the
Respondents (AP)........................................8 VI. JUDGEMENT ON THE OBSERVED
CASE.....................................................................8 VII.
REFERENCES....................................................................9 I. VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL (VCAT)  What is VCAT? Victorian Civil and Administrative
Tribunal (VCAT) is a state tribunal for the Victorians that help and guide to resolve disputes on
different aspects including Building and Property, Civil Disputes, Equal Opportunity, Guardians–
Administrators, Joint Property and Water, Legal Practice, Owners Corporations, Retail Tenancies,
State Taxation, Business Regulation, Domestic Building, FOI–TAC and other Claims, Health–
Privacy / Disability Act, Land Valuation, Mental Health, Planning and Environment and Residential
Tenancies. "VCAT's vision is

Case Study Of Workmen's Compensation Act
Case 1 (Under Workmen's Compensation Act) United India Insurance Co. Ltd. vs Alphonsa on 23
March, 1988 Summary The case is regarding the Workmen's Compensation Act. The case goes like
this, the workman had died due to chest pain while he was driving the vehicle that is the death was
while he was in employment. And therefore the compensation to be given was fixed as RS.23100.
But the Counsel said that the workman had died not because of the injury sustained in an accident,
but it happened while he was under employment and therefore the employer is liable to pay the
compensated amount. The insurer is liable to pay the amount only of the employer becomes
insolvent or if the employer is an organization then at the time of winding up. But in this case no
liability is fixed on the insurer to pay the amount since the risk was covered by a policy. The
provisions contained in Section 14 of the Workmen's Compensation Act are attracted and in this
view of the matter, in both the cases, it was held that the Workmen's ... Show more content on
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Parry Agro Industries Ltd on 19 February, 2007 Summary The case titled "The Forest Range Officer
vs. Parry Agro Industries Ltd" is between the Forest Range Officer and the respondent, Parry Agro
Industries Ltd. The case is explained below. The land (mentioned in the case) was initially in the
name of English and Scottish Joint Co.operative Wholesale Society Ltd., later on the name was
changed to Pari Agro Industries Ltd. And the petitioner in the case is Pari Agro Industries Ltd.As per
the plantation Labour Act 1951, the petitioner is the person who is responsible to look after the
estate, that is to provide water to the people who are staying in the Estate. Not only the estate
workers, there are other people who are staying in the estate such as telephone, forest guards etc. for
this purpose the petitioner has been taking water from a dam which has been constructed for the
same purpose.

The Legal Terms Of Piracy
the work they are utilizing given that they meet the definition of their given label and qualify as fair
use (Stim 396). For example, a parody must be ruled as humorous by definition, and fair use implies
that the content is meant to give a positive outlook on the original work rather than downgrade it. In
legal terms, piracy violates one of the seven given rights outlines within the Copyright Act.
The contracts between artists, authors, inventors, and their companies and publishers are violated in
numerous ways. The most common infringement occurs daily, as often people make copies of items
without previous knowledge of their illegal actions. These minute acts are difficult to prevent
though, especially with the ability to scan, ... Show more content on Helpwriting.net ...
Many laws and punishments have been written to prevent piracy and its consequences. In 1897,
Congress established a branch entitled The U.S. Copyright Office, which constructs and enforces
copyright law. The complexity of the penalty has grown along with the excessive abuse of pirated
content (Congress). Simply scribbling over a copyright notice in a book is a twenty–five thousand
dollar fine. If more than one act of intentional copyright infringement is committed within a six
month period, the culprit may be fined a sum worth a given ratio to the value of the stolen products
as well as a sentenced of one to five years in prison. given the severity of the situation, fines can
range from five hundred thousand to one million dollars (Stim, 315–319). The prison sentence can
also be extended to up to ten years.
When taken to court, cases of copyright infringement become extremely hazy. The victim must
prove not only that the material is a copy or semblance of their product. simple details can turn an
entire verdict. In 1980, Star Wars sued and defeated the upstart television show Battlestar Galactica
(Boekweg). Twenty First Century Fox was able to specify 34 similarities that, although not totally
unique to Star War, specifically reflected its plot line, design, love triangle, and characters. Part of
the winning statement was the fact that the name "Skyler" was undeniably similar to

Banking Law Assignment
"....if the creditor bank has notice, actual or constructive, of undue influence exercised by the
husband (and consequently of the wife's equity to set aside the transaction) the creditor will take
subject to that equity and the wife can set aside the transaction against the creditor...as well as
against the husband." (per Lord Browne–Wilkinson in Barclays Bank plc v O Brien [1994] 1 AC
180 at 191)
Critically discuss the above statement.
Analysis of wife's equity to set aside the husband's transaction due to undue influence.
Establish the principles of the doctrine of undue influence first to establish the foundation stones of
which third party undue influence occurs.
Equity was introduced to act as an enhancement of common law, ... Show more content on
Helpwriting.net ...
2B. the claimant has to prove in first occurrence that there was a present relationship of trust and
confidence among the complainant and the wrongdoer of a nature that is reasonable to presume the
wrongdoer mistreated that relationship
Relationship between bank and customer
Undue influence by Banks
The normal relationship amongst a bank and a customer is not of trust and confidence however it is
a business relationship where the bank is concerned for its own interest. As illustrated by National
Westminster Bank plc v Morgan [1985]. Mrs Morgan claimed that the charge should be set aside on
the grounds of undue influence. However lord Scarmen applied the ratio decendi from sir eric's
judgment in Lloyds v Bundy, in his judgment.
'When, however, a bank ... goes further and advises on more general matters relevant to the wisdom
of the transaction, indicates that it may, not necessarily obliged to, be crossing the line into the area
of confidentiality so that the court may then have to examine all the facts including, of course, the
history leading up to the transaction, to determine whether or not that line has, been crossed'
It was held that Mrs Morgan was liable for the charge against her home as,
'Mr Barrow never 'crossed the line. ' the transaction was not unjust to Mrs Morgan. The bank had no
duty to ensure she had independent guidance. It was an average banking transaction which Mrs
Morgan wanted to save her house; and she

Definition Of Civil Law
Every profession, including the legal field; has its own language or specific terms define procedures,
actions and outcomes. Therefore, in order to gain understanding it is highly recommended that the
pro se' litigant become familiar with these terms. Although, other resources about legal terms are
provided in this teaching; the focus is on civil cases. Therefore, review all the resources included,
but we recommend that the student focus on the terms listed on this page. After–Acquired Evidence:
Is a tactic that former employers and their lawyers use to try and avoid paying the Plaintiff back
wages that they owe. The employer will search in employee's past work history to try and find
issues of negative conduct or a negative reason ... Show more content on Helpwriting.net ...
Attorney–client privilege: A legal privilege that works to keep communications and work–product
documents prepared for litigation secret between an attorney and his or her client. The Attorneys
can't claim work product and attorney–client privilege protection for documents prepared in the
ordinary course of business by the company or employer. (Ex: company records, employee records,
and files) Diversified Industries, Inc. v. Meredith, 572 F.2d 596, 604 (8th Cir. 1977). An attorney–
client privilege only protects the conversation between her and the client and the work he produced
for the trial; not documents prepared by the employer or company in the ordinary course of
business. See work–product doctrine Argument: To reason, rebut or to prove a point or with written
or verbal proof. Attestation: Signing a legal document as a witness, affirming that the information is
given or stated is true. Bad Faith: To enter into any transaction with the intent to deceive or mislead
to gain the advantage or win. Bifurcation: The division of a trial into two phases; liability and a
penalty phase. Black Letter Law: Also known as Black's Law is established, well–known principles
of laws that are not doubted or disputed. Bona fide: In good faith without known defects. Brief: Is a
compilation of documents stating the facts of a case in chronological order along with relevant

Derby Vs. Derby Case Summary
INTRODUCTION The enforcement of the contract against the Smiths is unconscionable because
the contract between the Smiths and Star Rent–to–Own involves gross disparity and
overreaching/oppressive influences. Star has taken an unfair advantage of the Smith's dependence,
economic distress, and inexperience. During the execution of the contract, not all information was
presented to the defendants and this played a major role in convincing them to enter into the
contract. This brief is filed in support of the defendants Alex and Sandra Smith, showing the
contract to be unconscionable. STATEMENT OF FACTS In June 2016, Alex and Sandra Smith after
returning from a shopping trip, they found their Chester freezer (freezer) had stopped working. They
... Show more content on Helpwriting.net ...
The plaintiff, during the signing of the contract, acted in a fraudulent manner. He took advantage of
the defendant's excitement to offer the product at exorbitant amounts. He did not clearly explain to
them what the terms they had agreed to implied. Courts have not shied away from invalidating
contracts when it becomes apparent that one party benefitted unfairly at the end of the stipulated
term. This position was held in the case of Derby v. Derby. In this case, the court argued that Mrs.
Derby had used fraudulent means to ensure that Mr. Derby signed the legal documents that
conveyed the property to her. Mrs. Derby had failed to explain to Mr. Derby what the documents
represented, and their effect. Also, Mr. Derby had acted on misinformed belief that Mrs. Derby
would return home if he (Mr. Derby signed the documents. The court ruled for Mr. Derby. This is a
similar situation that the defendants, in this case, find them in. The plaintiff, while presenting the
contract to them to sign, failed to explain to them the effect (Roos, 2012). Because the effect
brought about gross disparity, the contract qualifies to be termed as being

Progressive Casualty Insurance Case Summary
Please allow this correspondence to supplement our initial coverage analysis concerning this claim.
The Progressive Casualty Insurance Company ("Progressive") had previously requested our legal
analysis, and has specifically asked whether it has a duty to defend Tristate Trucking, LLC
("Tristate" or the "insured") in litigation filed in the Superior Court of New Jersey Law Division
Monmouth County, No. MON–L–3550–16 (the "lawsuit"), and whether Progressive may be liable
to, Mylesa Walton, Michael Peavy, or Nazir Peavy (collectively the "Plaintiffs") in the event of an
adverse judgment. For reasons more fully articulated in our correspondence dated February 21,
2017, it is our opinion that Progressive has no duty to defend Tristate, but that ... Show more content
on Helpwriting.net ...
See Dixon v. Spencer, 59 Md. 246, 247–48 (1883). The surety, however, becomes subrogated to the
rights of the obligee when the surety pays the debt for the principal obligor. See Weast v. Arnold,
299 Md. 540, 553, 474 A.2d 904, 911 (1984). With respect to notice of default, the surety is
ordinarily held to know every default of his principal because he is under a duty to make inquiry and
ascertain whether the principal obligor is discharging the obligation resting on him. See L. Simpson,
supra, § 41, at 165 ("[I]t is generally not necessary for the creditor to notify the surety of the fact
that the principal debtor is in default on his promise. It is the duty of the surety to the creditor to see
that the debt is paid."). Consequently, the surety is ordinarily liable without notice. Gen. Motors
Acceptance Corp. v. Daniels, 303 Md. 254, 259–60 (1985) (emphasis added). Accordingly, in the
event that an adverse final judgment is obtained against Tristate, Progressive will be liable to the
Plaintiffs to the same extent that Tristate is liable to the Plaintiffs for the entire amount of the
judgment. The Plaintiffs may elect the entity from whom they wish to collect that judgment without
first exhausting Tristate's assets. If, however, the Plaintiffs elect to collect from Progressive, then,
Progressive could seek indemnification from Tristate (and its other insurers)

Intellectual Property Is The Legal Term
According to Wikipedia, Intellectual property is the legal term that refers to the creation of minds,
such as inventors, music, literature, artistic works, words, phrases, symbol and designs. Under
intellectual property law, the owner of intellectual property is granted certain exclusive rights.
Basically, Intellectual property is the term that refers to the creation of mind: inventions, literary and
artistic work; names, symbol and images used in commerce, trade. Intellectual property is divided
into two kinds
Copyright: It covers literary works (for instance poems, magazines, novels and plays), music, films,
artistic works (such as paintings, drawings, sculptures and photographs) and architectural designs.
Rights related to copyright include those of producers of phonograms in their recordings, television
programs and artists in their performances.
Industrial property: It includes all the trademarks, patents for inventions, geographical indications
and industrial designs and infrastructure.
E–business is the business application of data and communication technologies in support of all the
activities of business. Commerce set up the exchange of product and services between businesses,
teams and people might be seen joined of the essential activities of any business. Electronic
commerce focus on the information and communication technologies and uses this to create
relationships of the business with individual, groups and other e–businesses refers to business with
the

Essay On B's Equitable Interest
Introduction
This essay will start by considering B's position – how the Law of Property Act 1925 and Land
Registration Act 2002 affect her interest in Y in relation to D's interest. It will then move on to
consider C's position in a similar fashion. Finally, it will conclude with a critical examination of
some of the legal principles applied.
Brenda's Interest
B's equitable interest is generated from her contribution to the purchase price of Y through the
creation of a trust in the property. Such an interest was previously classified in the Land Registration
Act 1995 as a 'minor interest', and ought to be registered in the proprietorship register of Y's title as
restriction on the proprietorship register, in accordance with s. 40 – 47 of the Land Registration Act
2002 to facilitate overreaching.
According to s. 2(2) of the Law of Property Act 1925, overreaching can only occur when the
purchaser, during a registered disposition of land, deals with two or more trustees – the equitable
interests of the beneficiaries under the trust would then be swept off the land, and included in the
purchase price of the property. On the facts, because Y is held on trust exclusively by A, D would
have only dealt with one trustee during the transaction. This would mean that the doctrine of
overreaching does not apply with respect to B's equitable interests.
Under s. 29(2)(a)(i) of the Land Registration Act 2002, pre–existing interests in land can only be
protected against a registered

Legal Terms Of Contract Law
Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will
also talk about a few precedents that help explain the law. Terms of the contract Terms are the things
that make up the contract. They are the actions and inactions that the parties agree upon with each
other. Without the terms there is no contract. They are divided into a few parts, there is express
terms and implied terms. Express terms are terms which are stated and made clear to both parties.
They can be spoken and written but the expression and agreement of them is what makes the
expressed terms. For instance, my phone company are offering me unlimited minutes, this is an
expressed term of the contract since it is communicate to me (through words). Implied terms are
terms that are assumed and expected to be carried out. They do not have to be communicated since
it would be reasonable to assume that both parties are aware of them. To put this into context let's
take the example of the man at the restaurant. He orders his meal, eats his meal and then walks out
the restaurant instead of paying at the end. He claims he was never asked to pay, so he doesn't need
to. He is in the wrong since it is an implied term that after a meal the customer must pay the
restaurant for their order. If he walks out without paying he is breaching the contract and breaking
the law. The restaurant are entitled to sue for damages and use the law against the customer.
Conditions and warranties

Examples Of Court Cases
1. A defendant ran through a stop sign while driving an automobile and convincingly showed he had
done so unintentionally. Should the court have acquitted him? (free from a criminal charge by a
verdict of not guilty.) The court should not acquit the defendant because he did run through a stop
sign, which is considered a mala prohibita offense. These offenses were created to protect the health,
safety, or welfare of society by lawmakers. Therefore, "violations of most traffic regulations and
motor vehicle laws also are considered mala prohibita; running a red light, speeding, passing
improperly, and others are violations enacted for the safety, health, and well–being of the
community" (Chamelin & Thomas, 2012, p. 59). Thus, the court should ... Show more content on
Helpwriting.net ...
To first understand why she would be label under this mental state, the term of negligence must be
defined. Negligence is the "state of mind that accompanies an injury or harm proximately caused by
breach of standard of care owed by one person to another. There are four elements of negligence:
standard of care, breach of that standard, proximate cause, and harm or injury produced. The
severity of the breach distinguishes criminal from civil negligence" " (Chamelin & Thomas, 2012, p.
61). Therefore, in the case of Barbara, she owed her children a duty to not infringe their welfare or
safety through the first element of negligence known as standard of care. This element considers
when one person harms another then the ideal of duty also comes into play if it satisfies the element
or not and whether or not the duty can be fixed by statutory or common law. The textbook points out
that one such duty is the parent's duty to the child. Hence, as there mother, it was Barbara's legal
responsibility to refrain from acting in a dangerous way to her children, such as leaving an eight
year old and a two and half year old to defend for themselves for 2 to 3 hours while she was out
having a "good

Case Study Strauder V Allsright Essay
Personal Property Case Study
The case study "Parking Lot's Liability" is an actual court case, Allright, Inc. v. Strauder. Plaintiff
brought suit alleging that as a result of defendant's negligence, his automobile was stolen from a
parking lot operated by defendant. Signs were located throughout the parking lot which stated that
the lot closed at 6 o'clock p.m. and that anyone returning after that time could pick up their keys at
another parking lot operated by the defendant at a another location. He was aware of the time when
he left the car at the station and that the signs and the claim ticket said the lot closed at 6 o'clock. So
indeed a bailment was created. The definition of bailment is a transaction in which an owner ...
Once the purpose of the bailment has been completed, the bailee usually must return the property to
the bailor, or account for it, depending upon the terms of the contract. Legal liability usually takes
the form of monetary damages to compensate for the breach of the legal duty. A requisite to the
creation of a bailment is the express or implied acceptance of possession or control over the
property by the bailee. A person cannot unwittingly become a bailee. Because a bailment is a
contract, knowledge and acceptance of its terms are essential to its enforcement. (Cheeseman, 2010)
Had the parking garage been closed when the plaintiff left his car, there would be no bailment
created. Lost, mislaid, and abandoned property is categories of the common law of property which
deals with personal property which has left the possession of its rightful owner without having
entered the possession of another person. Property can be considered lost, mislaid or abandoned.
Property is generally deemed to have been lost if it is found in a place where the true owner likely
did not intend to set it down, and where it is not likely to be found by the true owner. Property has
been mislaid or misplaced if it is found in a place where the true owner likely did intend to set it, but
then simply forgot. If property has been abandoned, it is found in a place where the owner likely
intended to leave it, but is in such a condition that

Legal Analysis Assignment : R V Levy
LLB101 Introduction to Law Legal Analysis Assignment R v Levy & Drobny; Ex parte Attorney–
General (Qld) [2014] QCA 205 Question 1 On 6 July 2013, the 64–year–old complainant was on
duty working as a taxi driver. Around the time of 5am, an intoxicated Steve Drobny and Nathan
Levy entered the complainant's taxi. It was intended that others who were supposed to take the same
taxi pay for the fare but as it occurred, they did not enter, leaving only Drobny and Levy where
neither of the two were able to pay for the taxi service. After having driven only a kilometre with the
meter indicating a debt of $7.90, the complainant became aware that the two passengers, Drobny
and Levy, had no way of paying for the taxi fare. When the complainant indicated he would take
them to a police station, both Drobny and Levy began swearing and cursing. Once they arrived at
the station, the complainant made a statement saying this was the proper place for Drobny and Levy,
to which Drobny then initiated a tackle on the complainant and grabbed his legs causing him to
topple over onto the ground resulting in pain and bruising to the complainant's thighs. Drobny
stepped back and had no further actions in any assault upon the plaintiff from that point onwards,
but whilst the complainant was still on the ground, Levy proceeded to punch and kick him several
times all over his body. The attack eventually stopped and both Drobny and Levy ran away.
Afterwards, the complainant noticed an indentation to

Misunderstood Legal Terms
People often use legal terms they don't understand. That's why accident injury attorney Terrence J.
Salerno, founder of The Law Offices of Terrence J. Salerno, in Omaha, NE, explains what these
terms mean. Here's how to use these three misunderstood legal terms correctly. Tort, Not Torte: A
tort is a civil wrong, and if someone commits one that injures you, you can sue for money damages.
Intentional torts include fraud or invasion of privacy, while negligent torts include medical
malpractice and car accidents resulting in personal injury or wrongful death. You need an accident
injury attorney for a tort. On the other hand, you need a fork for a torte, which is a delicious
chocolate–iced cake. Statute, Not Statue: A statute is a law passed

Pop Up Business
POP UP SPORTS BAR Legal form of doing business Question 1 Issue: Have we formed business as
partnership? Laws: 'A partnership should have two or more people who directly own and operate a
business. (James 2014, p. 504) Partnership is the relations which exists between partners carrying on
a business in common with a view of profit, which means there must be some continuity or
repetition of trading activities and working on behalf of each other. (James 2014, p. 506–507)
Application: Firstly, Adam and I are two persons which meet the first requirement of a partnership,
and we invest money for the business 'Pop Up' sports bar together. Secondly, I leased the factory
building and purchased the equipment and material by business bank account, and Adam invited ...
Identify the relevant section of the public by reference to whom falls to be tasted. 2. Consider who
come within it, including all kinds of people. 3. Has a person in that target audience actually been
misled? 4. Would the conduct complained of be misleading or deceptive to those consumers (ie. the
ordinary or potential consumer) to whom it was addressed? Applications: There is no doubt that
Adam and I running the full page advertisements is an action for commercial use. Therefor the most
important thing is whether or not it was a misleading. Using the Taco Bell test that has the target
audience actually been misled. Considering the different types of people, many of them would think
'Come and have a drink with David Beckham' means having drink with real David Beckham not a
cardboard of

Business Law
HUTECH & OUM
MBAOUM0512 INTAKE : MAY 2012 – OCTOBER SEMESTER 2012
STUDENT NAME: CHU THI HONG TUYEN ID No.: 2448481
BMLW5103 – BUSINESS LAW ASSIGNMENT
Question 1
Discuss the enforceability of an agreement which lacks consideration. Using legal authorities
(relevant statutes and cases) to support your discussion. Answer: A valid contract is an agreement
made between two or more parties that creates rights and obligations that are enforced by law. What
does the consideration mean? And what does it effect to the agreement? Consideration is something
of value exchanged for the promise. It is something given by a promisee in return for something
given by the promisor. According section 2(d), Contract Act provides "when at the desire of the ...
This is the exception provided in Section 26(b), contract Act 1950. The rule provides that an
agreement without consideration is valid if " it is a promise to compensate, wholly or in part, a
person who has already voluntarily done something for the promisor, or something which the
promisor was legally compellable to do". Ex: Ms.Ann is the neighbor of Mr. Clive and Ms.Ann
support Mr.Clive to take care his son during he has having a meeting. Mr.Clive promise to pay
Ms.Ann for this work.This is a contract and Ms.Ann can enforce Mr.Clive's promise. 3. Agreement
to pay a statue– barred debt. This is another exception provide in section 26(c), Contract Act 1950.
The rule provides that an agreement without consideration is valid if " it is a promise, made in
writing and signed by the person to be charged therewith, or by his agent generally or specially
authorized in that behalf, to pay wholly or in part a debt of which the creditor might have enforced
payment but for the law for the limitation of suits. Means the debtor makes a fresh promise to pay
the statute–barred debt and the promise is made in writing and signed by the person to be charged or
his authorized agent. Ex:The Imperial group owes GTDV Company a debt is 130,000 USD for
scope of work of so many contract. But the debt is barred by limitation. GTDV made summarize of
debt and The Imperial representative signed a written promise to pay GTDV 100,000 USD. This
promise is fresh and valid. This is a

Pros And Cons Rea Essay
With any criminal offence there are two elements to the crime; the Mens Rea and the Actus Reus.
The Mens Rea element is the mental part of the crime and requires proof that the defendant was in a
guilty state of mind before the defendant can be convicted of a crime. There are three different types
of Mens Rea; direct and oblique intention, recklessness and negligence. Intention is differs from
motive or desire. For example if defendant kills their wife who is suffering from a terminal illness,
to relieve their suffering, may well act out of good motives. Nevertheless, this does not prevent them
having the necessary intention to kill. Cases which demonstrate intention include R v Moloney
[1985] AC 905 and R v Inglis [2011] 1 WLR 1110. Direct ... Show more content on Helpwriting.net
...
Following the case R v Cunningham [1957] 2 QB 396, reckless was put into question if the
defendant foresee the harm that in fact occurred, might occur from his actions, but continue
regardless of the risk. There are two different types of tests for reckless, subjective test and objective
test. The difficulty with a subjective test is that it is based entirely on the defendant's state of mind
and it is for the prosecution to prove that the defendant did anticipate the potential of harm.
Negligence is consequences caused by the actions of a person that fell below the standard of a
reasonable person. Negligence plays a minor role in criminal liability. It used to form the basis of
some driving offences but this has largely been superseded by recklessness. Cases for negligence
include R v Adomako [1994] 3 WLR 288, where an anaesthetist was charged with gross negligence
manslaughter after they failed to notice the oxygen pipe had been disconnected.
An Actus Reus consists of more than just an act. It also consists of whatever circumstances and
consequences are recognised for accountability for the offence in question, therefore all the
elements of an offence other than the Mens

Key Legal And Commercial Terms
4.1 KEY LEGAL AND COMMERCIAL TERMS Can you name some key legal and commercial
terms we can expect to see on a prime contract? 4.2 LEARNING OBJECTIVES At the end of this
section you will be able to: Describe key legal and commercial terms within a prime contract
Explain the risks and protections key legal and commercial terms provide Reliance Practice
identification of allocation of risk between parties within key legal terms and conditions 4.3
OVERVIEW Contract Terms and Conditions (T&Cs) determine which party (Reliance or
contractor) will bear project risk If contractors assume T&C risk, then successful contractors will
add cost contingency View T&C negotiations from a corporate perspective – How much risk is the
each party assuming – Market norms – neither party wants to be a pioneer – Negotiate T&Cs with
legal representation  Subject Matter Experts (SMEs) helpful for technical sections T&Cs should
establish clear course of Contract action – More predictable outcomes – Each party can accurately
assess contract risk profile – Reduce uncertainty and project cost (contingency) 4.4 KEY TERMS
AND CONDITIONS Limitation of Liabilities (LOL) Establishes overall cap on contractor financial
exposure – Usually expressed as a % of contract value – Often unlimited liability exists to achieve
minimum guarantees (e.g mechanical completion) – Carve–outs usually a point of contention Very,
very important to contractors – Contractors not

Legal Counsel For Arrows Should File A Pre Answer Motion
Legal counsel for Arrows should file a pre–answer motion to dismiss Under Rule 12(b) of the
Federal Rules of Civil Procedure, for a lack of general and specific personal jurisdiction over the
corporation. Personal Jurisdiction is the power of the Court to bind the defendant to any judgment
the court renders against the defendant. For a court to have personal jurisdiction over a corporation,
the plaintiff must show that the corporation is at–home in the forum state, that is, the corporation is
incorporated within the forum state, or its principle place of business is within the forum state. If the
corporation does not meet the at– home–state test, the court will look at two alternatives. 1) Whether
the corporation has an agent doing ... Show more content on Helpwriting.net ...
Diversity exists in cases where no plaintiff is from the same state as any defendant, and the amount
of the claim is sure to exceed $75,000. In removal cases, no defendant can be a citizen of the state in
which the action is pending. Here, Arrows is incorporated in Delaware, and its principle place of
business is in Texas. Whereas, Rast is domiciled in Massachusetts and the action filed against
Arrows Corporation is for $100,000. Here, the plaintiff and defendant are from different states and
the money sought is likely to exceed $75,000. Massachusetts Federal Court would have original
subject matter jurisdiction over this case based on diversity of the parties. Therefore, Counsel should
file a motion to remove the case from state court to federal court because. Legal counsel should file
a motion for improper venue arguing that Massachusetts is not the proper venue for this case to be
heard. Venue refers to the proper judicial district in which to bring an action. It is based on where a
substantial part of the events given rise to the cause of action occurred, or where the defendant may
be found. Here, the contract between Arrows and Rast that gave rise to the current dispute was
signed in Texas. Likewise, the defendant Arrows is located in Texas along with any potential

You Decide Essay example
You Decide: Susie Marks vs. City of Elsewhere and Officer Ruthless
Susie Marks caught a ride to Elsewhere City Park from Orson, who then dropped her off and left.
She met her friend Jerry and his girlfriend Kate. Orson was to return for Susie at 11:00 p.m., which
is the park's curfew. Around 11:00 p.m. Officer Ruthless of the Elsewhere Police Department,
approached the three minors and informed them the park was closing and instructed to leave the
park immediately. Unfortunately, Orson had not yet arrived for Susie Marks.
Jerry drove a small truck, which had the bed covered with a camper shell, so Jerry and Kate could
leave the instant Officer Ruthless told them to leave. On the other hand, Susie informed the officer
that she wished to ... Show more content on Helpwriting.net ...
The plaintiff must prove that there was negligence from the defendant's side, which resulted with the
injury and they are to be blamed. Negligence is generally a question of fact for the jury, and whether
a legal duty exists is something that needs to be solved within the court. In this case, what needs to
be determined is whether the City of Elsewhere and/or Officer Ruthless had a duty to Susie Marks
regarding to her riding in the camper of the truck, and if so, to then determine the actual cause of the
injuries to Susie. The actual cause refers to what really caused the injuries.
In the case of Susie Marks vs. City of Elsewhere, I would conclude that neither the City of
Elsewhere nor Officer Ruthless had a duty to Susie Marks in regards to getting in Jerry's truck
camper. Officer Ruthless' duty was to enforce the park curfew for safety regulations, so when
Officer Ruthless denied Susie the choice of walking he was acting upon his duty to enforce safety to
a civilian. The officer never asked Susie to do something illegal for his own benefit, and he was well
within his job duties to clear the park and send the minors home in legal terms. The actual cause of
the injuries happened when Jerry lost control of the wheel and the truck rolled over. There is no
physical evidence or facts, which clarifies who was at fault. What is determine and factual is the fact
that the accident was not caused by Officer Ruthless or by him ordering Susie to ride in the camper.

Questions On The World Of International Business
In this paper we will be answering five critical questions in the world of international business. In
the business world companies must understand how to answer these critical questions. The first of
these questions is why are many governments in today's world liberalizing cross–border movements
of goods, services, and resources? Answering this question isn't just a one word answer; it requires a
breakdown of how governments go to market along with a host of other things. In today's global
market international business is even more vital to a governments' success than ever before. For
governments to compete in the global arena they will need a few things which will help move that
country forward when delivering goods and services. The ability to travel and communicate in the
foreign markets are just a couple of things that will greatly impact a country's ability to grow.
Technology is also one of the biggest pieces to the pie when it comes to a country's ability to expand
and grow. Cross–border movements and trades are big business for a country and with the rising
cost of goods and services around the world, cross–border movement and international trading has
become essential for countries to prosper. The internet has also helped with cross–border trading by
bridging the physical gap between countries. It has also sped up our ability to communicate with
other countries and people from all over the world in mere seconds. Governments today are
liberalizing

Case Analysis : The House Of Lords
Airedale26 case decided by the House of Lords, was followed in a number of cases in UK and it
was pointed out that in the cases of incompetent patients, if doctors act on the basis of informed
medical opinion, and withdraw the artificial life–support systems if it is in the patient 's best
interests, then they said action cannot be characterized as an offence under criminal law.
24 Joseph Fletcher "Infanticide and the ethics of loving concern", 22 (1978).
25 JM Appel,"Neo–natal Euthanasia: Why Require Parental Consent?" Journal of Bioethical In 477
(2009).
26 Airedale NHS Trust v. Bland, 1993 (1) All ER 821 (HL).
51
In another case, Ward of Court, Re A27, the ward born in 1950, suffered irreversible brain damage
as a result of anesthesia during 1972 and for several decades, the ward was invalid, the mother of
the child was appointed in 1994 by the Court to be guardian of person and estate of the child and in
1995 she sought directions from the Court for withdrawal of all artificial nutrition and hydration and
to give necessary directives as to the child 's care.
2.1.3 Euthanasia in case of Mental Patients
In re F (Mental Patient: Sterilization)28, the patient was not a minor, hence parens patriae
jurisdiction was not available, but even so, applying the inherent power doctrine, the same test,
namely, the test of "best interest of the patient" was applied by Lord Brandon of Oakbrook. Here the
36 years old woman was mentally handicapped and unable to consent to

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