Essays on Alleging

In any event, a contract has implied and express terms. Express terms are easy to decipher, and they constitute the substantive part of the contract. Often, contracts impute binding obligations to the parties and violation of any term attracts liability. Implied terms of a contract operate in the underground. In an event of a claim of infringement, the court has to analyze both express and implied terms of the contract. Often, courts allocate liability depending on what term of the contract is in violation. In a practical scenario, some terms are more relevant than others. In the past, courts ...

Business Law

Without the Supremacy Clause, there would always be overlapping and conflicting federal and state law. The Supremacy Clause ensures that federal law always preempts state law if there is a conflict. In the absence of a Supremacy Clause, there would be a floodgate of litigation regarding choice of law questions and which law applies to a particular case. In this case, Wyeth did act ethically because if a large drug-manufacturing company immediately admitted to liability every time a plaintiff sued, alleging negligence, the company would surely go bankrupt. In the face of a civil suit, the company is entitled ...

‘The lottery’ is luminous piece of literary work by Shirley Jackson. When this short story was published by the New Yorker in the year 1948, it attracted huge controversy and criticism. Jackson, with the help of irony as well as comedy, draws attention towards hypocritical behavior and flaws of the human beings. The story also talks about illogical practices as well as underlying evils of the society. This paper intends to discuss ‘The Lottery’ and several other related aspects. In the journey, after its first appearance, the story has got huge acclamations by the critics as well as ...

Kenneth Ravenel v. Fredrick L. Burnett (Case study) Kenneth Ravenel v. Fredrick L. Burnett (Case study) Under the field of criminal law, the case, Kenneth RAVENEL v. Fredrick L. BURNETT [2070401], September 26, 2008, under the Court of Civil Appeals of Alabama, exemplifies conflict resolution. As an example, it entailed the requisite steps in which conflict may be resolved, in addition to the practicability of their applications. The case in point pertained to the claim by Burnett that Ravenel had threatened him with malicious harm, because of suspecting the former of being in an affair with his ...

Abstract

Alternative dispute resolution has been hailed by many people for the crucial role it plays in finding solutions to disputes outside the courtroom. By definition, arbitration is an alternative dispute resolution technique that takes place out of the legal courts. In this kind of dispute resolution, a third party reviews the facts and evidence of two parties and imposes a legally binding decision. The fact that the parties to a dispute have total control over the process makes it more admirable as compared to the judicial process. The parties have the ability to make their own schedules and choose the arbitrators. For a ...

Introduction

The purpose of this paper is to investigate the nature and circumstances under which secondary victims of traumatic incidents or victims of negligence can lay claim for compensation. This paper deals with a very important aspect of tort law which is negligently inflicted psychiatric injury. This is most common in victims of post traumatic stress disorder who witnessed an extremely traumatic incident. The paper also examines the liabilities which would follow from such a case, especially if the guilty person is employed in the service of the company i.e. employment liability. Civil litigation involving tort law happens that when an ...

The judges mainly rely on a various principles when interpreting the acts of parliament. These rules include:

- The literal rule. - The golden rule. - The mischief rule.

The literal rule

It is the cardinal rule of construction (interpretation) of statutes. In this rule, words must be given their ordinary, literal, grammatical meaning. The literal rule is the first rule to be used in establishing the intention of the legislature. In many cases, the courts are normally required to interpret the meaning of a given piece of legislation to enable them apply facts to the cases that come before the judges. As such, the courts have continually developed a wide range of rules of interpretation to assist ...

Introduction

Negligent tort refers to the harm caused by a person to another due to the failure to act reasonably towards a person to whom a duty of care is owed. Negligent torts are among the most prevalent types of torts. It is however important to note that negligent torts are not caused by deliberate acts (Owen, 2007). This kind of tort originate when a person or an entity fails to act reasonably leading to personal harm on a person or persons to whom the person or entity owes a duty to. Negligent acts lead to personal injury to an individual or individuals and in other ...

Apple Inc. v. Samsung Electronics Co. Samsung and Apple have engaged each other in multiple of suits in various countries in the world including the United States. The two are the leading companies worldwide with regard to the sales of smartphones and tablets. Despite this success they have been engaged in countless suits in more than 11 countries. In Apple’s case against Samsung in the United States, Apple was suing Samsung for alleged patent infringement violations in a number of their electronic products. Apple also sought redress amounting to billions of dollars as damages if the court found ...