Brad’s house had an explosion leading to a fire that caused damages to his house and his neighbour, Tom’s. Tom and Brad are making claims that both have a legal basis. Tom chooses to hold Brad and Katherine, the firefighter, liable for damages. Meanwhile, Brad, who claims that there is no responsibility of his for the fire, believes that someone must compensate him for his loss as well as Tom’s. Brad is making his legal claims against Patrick and his employer, A-1 Furnaces Limited, and the City. Taking a look at each claim separately as there are many subsections of the claim, there is Tom v. Brad, the main claim, Tom v. Katharine, Tom through Brad v. Patrick & A-1 Furnaces Limited, and Tom though Brad v. The City.
Tom v. Brad Tom is taking legal action against Brad for a fire that spread to his house. The two parties would be Brad and Tom. Looking at the duty of care, Tom was not physically harmed and Tom himself kept the firewood beside his house. Although the might be neighbours, it is still not significantly close of a relationship where Brad could foresee that carelessness on his part might cause harm to Tom and his property. With that being the case, Brad’s
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Brad, Tom shall receive 90% of the financial help to fix the damage to his home from Brad. Tom also need to pay the fine for not abiding to the bylaw of the City. Brad should receive a payment from the City, Patrick and A-1 Furnaces Limited. But in the end, Tom will be receiving portions of those payments from Brad due to the fact that he was the one that caused the fire to start by not turning the stove off. Tom should take contributory damages because he was negligent on placing insurance on his house, and also because he was unaware of the bylaw of storing his firewood. Brad receives damages because of improper installation of the gas furnace valve and the city not completing the inspection, but due to the fact that he left the oven on, not full damages shall be
A seemingly uncorrelated death of a child becomes an attack on two businesses that brought forth unwanted attention. It reveals how corporations can truly neglect their surroundings and the safety of citizens without remorse. In the quaint town of Woburn, Massachusetts, the death of Anne Anderson’s son due to leukemia quickly transformed from a personal tragedy to an extensive lawsuit. Anne Anderson approached Jan Schlichtmann, a personal injury lawyer, to tackle the case. From the beginning, Anne makes it clear that she does not want money, she simply wants an apology.
Ernest and Mary Horton’s were injured when their house exploded and caught fire as a result of a gas leak. In a suit filed against the gas company, they were awarded both compensatory and punitive damages. According to the IRC code §104(a)(2), compensatory damages are excluded from gross income. However, the case Horton v. Commissioner examines whether the punitive damages should also be excluded from the taxpayers’ gross income. The Horton’s position was that it is excluded, and the IRS’ stance was it needs be included as part of their taxable
Cedar Rapids v. Garrett F. Garret F., was a quadriplegic who was ventilator-dependent due to his spinal column being severed in a severe motorcycle accident when he was 4 years old. During the school day, he required a personal attendant within hearing distance to see to his health care needs. He required urinary bladder catheterization, suctioning of his tracheostomy, observation for respiratory distress, and other assistance. He attended regular classes in a typical school program and was successful academically.
1. Marilyn Thomas purchased a pool heater from Sunkissed. The contract read that the pool was to delivered and installed for a price of $1000.00. The pool heater was delivered to Marilyn’s residence, but the delivery slip was signed by Nancy Thompson. Marilyn did not know of anyone by that name.
The specialist cannot follow up for two principals in the same exchange unless there is full disclosure and the principals consent to the game plan. Gatzke was careless in unintentionally dropping a lit cigarette in the garbage can and beginning the fire, and therefore is subject to Edgewood Motel for the damages to the motel. Since Gatzke did not have a set work schedule, he worked at his own pace and at any time of the day, his exercises are dependably inside the extent of job. Walgreen Company ought to be held vicariously liable for the fire damages to the motel, since Gatzke’s activities to some extent promoted Walgreen’s interests and smoking cigarettes is just a minor deviation from the worker’s business related exercises. Walgreen is required to reimburse Gatzke for his everyday costs while staying at the Edgewood Motel and to indemnify him for his liabilities, assuming any, to the Edgewood for his carelessness in bringing on the
Byrne relies on Scott v. Watson, 278 Md. 160 (1976), for the proposition that “a breach of a duty by a defendant will result in his liability in the third party criminal activity context when the breach enhances the likelihood of the particular criminal activity.” (Opposition at p. 9). First, Scott did not even hold that the landlord owed the plaintiff a duty—as that case was a certified question from the United States District Court for the District of Maryland. Id. at 161-62. Second, Scott applied exclusively to the duties a landlord owes to its tenants.
The failure was due to an ill fitted component that an SP AusNet employee had installed; by the morning over 125,000 hectares of land were destroyed, including more than 2,000 homes which were situated in the area. Cris Ruhr, one of the bushfire survivors had his entire house burned down because of it, and was seeking compensation from SP AusNet so that his could pay off his debt and repair his home. Adding to his debt is his counselling which was due to the traumatic stress the fire had caused himself and his family. This event had put his family into substantial debt. The civil case took place in the new $4,000,000 courtroom in the Supreme Court from 2013-2014, this new court was built to
Business Law Case Study Essay: Burwell v. Hobby Lobby, 573 U.S (2014) Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.
Workers Rights During 1911, workers did not have many rights. The tragedy of the Triangle Shirtwaist Factory fire caused 146 innocent women and children to lose their lives. The people of the public started to realize the harsh conditions that the blue collared workers of America have to deal with. They had absolutely no safety regulations or rules.
McDonald v. Chicago, 561 U.S. 3025 (2010) Facts: Mr. Otis McDonald, a denizen of Chicago, wanted to get a handgun for the purpose of self-defense. McDonald had lived in that particular Chicago neighborhood for several decades, and his decision to purchase a firearm was predicated upon his increasing frustration with the rising crimes rates of that neighborhood. He had even in fact been the victim of thefts and break-ins on numerous occasions. Legally, he already owned rifles and shotguns.
We will be discussing constitutional policing and we will look at different court cases and address four different areas. These will be discussing the main issue or question in the case, explain the precedent or law that was used to come to the final conclusion, explain how the court applied the law to the facts of the case and identify the conclusion and restate the issue to provide the final answer which is how have these three cases formed the standards of constitutional searches and seizures in the United States? First let’s discuss what constitutional policing is, “the legal problem of policing is how to regulate police authority to permit officers to enforce law while also protecting individual liberty and minimizing the social
Sick Leave Case Study Introduction In this week’s assignment, we will discuss the Sick Leave case study. First, we will look what this dispute is about for Kelly and Mr. Higashi, and if compromise is possible in this dispute. Next we will discuss how cross-cultural communications had an impact on this negotiation.
For several years, the law has treated corporations as metaphysical persons. This means that the law regards corporations as persons, but only for certain legal purposes. For example, corporations have some of the same rights as natural people do, such as the right to freedom of speech. Corporate personhood has evolved into a highly controversial topic since it was first established in the famous supreme court case, Santa Clara County v. Southern Pacific Railroad. This was a case where the Southern Pacific Railroad protested taxes placed on it by several counties in California.
Forrester’s injuries to her left leg and head, she has been unable to return to work since the February 26, 2014 accident involving Richard Hart. Mrs. Forrester’s lost wages are $ 74,997 and she was earning $ 100,000 annually plus medical and dental benefits when the accident occurred. Per her doctors, she is not expected to return to any type of employment for another year minimum. Mrs. Forrester was placed on FMLA for the first 12 weeks of her injury but since has been terminated from her position and has a future loss of earnings capacity claim and a loss of benefits claim that will be vigorously pursued at trial. The current estimated loss value of her earning capacity combined is $100,000.
Therefore, mike caused further harm to Julian. For the court to allow David to recover against Julian’s dad, on what tort theory will David’s attorney rely? Punitive damages are awarded only for intentional torts, when the court determines that the tortfeasor deserves an additional punishment beyond just compensating the plaintiff for the harm done to him or her. Therefore, David’s attorney will rely on intentional torts to