trust and confidence.” Cobb v. Pennsylvania Life Ins. Co., 215 N.C.App. 268, 278, 715 S.E.2d 541, 550 (2011). Contrast these relationships with cases where the Court has found the existence of a fiduciary duty or relationship: where a defendant took advantage of his relationship with his ill brother (Terry v. Terry, 302 N.C. 77, 273 S.E.2d 674 (1981)); where a defendant took advantage of his relationship with his wife (Link v. Link, 278 N.C. 181, 179 S.E.2d 697 (1971)); or where a defendant son took advantage of his relationship with his mother (Vail v. Vail, 233 N.C. 109, 63 S.E.2d 202 (1951)). In the present case, the relationship purportedly forming the basis for the constructive fraud claim was formed in a professional setting and is
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.
A. Castro is likely an “owner” of the dog because the injury took place after he allowed the dog inside his house, and took care of Puccini when he gave her a treat and bowl of water. A person is considered an owner of an animal, with or without the permission of the legal owner, if that person voluntarily assumes responsibility of an animal, or exerts a level of control over that animal. Steinberg v. Petta, 501 N.E.2d 1263, 1265-67 (Ill. 1986); Beggs v. Griffith, 913 N.E.2d at 1234; Docherty v. Sadler, 689 N.E.2d at 334. A court will not exclude a person from ownership because of the short contact with that animal.
Title: Chimel v. California Date/Court: United States Supreme Court, 1969 Facts: This case deals with Ted Chimel, who they suspected robbed a local coin shop. On September 13, 1965, several officers from Santa Ana came to the home of Chimel with an arrest warrant for his expected involvement in the burglary. The officers arrived at the door and identified themselves to Chimel’s wife and asked if they could come into the home, she agreed and showed them into the house. While in the house the officers waited 10-15 minutes until Chimel came home from work.
. I believe the two situations are different because the arbitration clause in the insurance policy, that was sold by Sphere Drake Ins. Co., was well known by Rosalie & Matteo Corporation, the party that bought the policy. In the Brower vs. Gateway case, the arbitration clause was stuck in paperwork, that was stuck in the box that the computer came in. Brower had no idea about the clause until it was time to file the lawsuit.
Courts turn to common law principles to analyze the character of an economic relationship (Master-servant), NY 8th Circuit stare decisis was established by Graves v. Women 's Prof 'l Rodeo Assoc. , 907 F.2d 71, 74 (8th Cir.1990). “Where no financial benefit is obtained by the purported employee from the employer, no “plausible” employment relationship of any sort can be said to exist because although “compensation by the putative employer to the putative employee in exchange for his services is not a sufficient condition, it is an essential condition to the existence of an employer-employee relationship.”
Case Identification: 428 U.S. 153; 96 S. Ct. 2909; 49 L. Ed. 2d 859; No. 74-6257; Gregg v. Georgia. It was argued on March 31, 1976 and was decided on July 2, 1976. Facts: The defendant, Troy Gregg, sought the review of the decision from the Supreme Court of Georgia, which affirmed the opinion that the death penalty is not a violation of the eighth and fourteenth amendments. Gregg was charged with armed robbery and murder.
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.
Moreover, a “special relationship” is a term of art that has been held “as to: parent and child, master and servant, landowner and licensee, those in charge of persons with known dangerous propensities, and those who have custody of others. See Lamb
Between the January 2002 and January 2004 the defendant, Collins, made a series of telephone calls and voice recordings on an answering machine to members of his office. Within these telephone calls, and answering machine recordings the defendant used a number of pejorative racist phrases, such as; “wogs”, “pakis”, “black bastards” and “niggers”. The terms were not heard by members of ethnic minorities, but some of those who received the calls and heard the messages described themselves as “shocked”, “alarmed” or “depressed” by the defendants language. Following this, a formal complaint was made, charges were pressed by the Director of Public Prosecutions and the defendant was tried for sending, by means of a public telecommunications system,
Also, they ordered that every county in Florida begin manually recounting all ballots that did not indicate a vote for president due to the fact there were enough contested ballots to significantly impact the outcome of the election. Governor George Bush and his running mate, Richard Cheney, in retaliation, filed a request for review to the Supreme Court. They sought an emergency petition to counter the Florida Supreme Court’s decision. The Court granted the writ of certiorari to determine whether the recount procedures adopted by the lower court were consistent with its obligation to avoid arbitrary and disparate treatment of the members of its electorate. The Supreme Court heard this case of December 9, 2000 and focused on two main issues.
State of Georgia V. Marcus Dwayne Dixon (2003) Marcus Dixon was a highly recruited high school football player. His life suddenly took a tragic turn when he was falsely convicted of raping a 15 year old girl. The elements around his false conviction could have been avoided with some reform to the criminal justice courts system. Dixon initially had many charges against him but were narrowed down to statutory rape and aggravated child molestation. There was much racial disparity surrounding the jury on Dixon’s case, in that the county that Dixon committed his “crime” was a predominantly white population.
The fraud triangle is made up by three distinguished elements. These elements in the fraud triangle consist of pressure, opportunity, and rationalization. The overall representation of the fraud triangle can be seen as the specific model to spot any type of high-risk unethical and fraudulent performances being conducted by a company, in this case Cendant Corporation. Cedant Corporations actions can be analyzed by the fraud triangle by the way that their senior management/top management decisions fell into the three categories of pressure, rationalization, and opportunity. Cendant Corporation had the pressure to comply with their shareholders and to maintain a stable financial status to prove that they were a profitable organization with a bright company image.
Trust being the most important of these elements, but trust like respect cannot be demanded; it had to be earned. (Pullen and Mathias, 2010). Throughout this activity, I have been able to put
Read Case 10-2, Welge v. Planters Lifesavers, on page 243. What theory of liability did Justice Posner use in finding the defendant liable? Judge Posner used the strict product liability theory in finding the defendant liable (Herron, 2011). Under the strict product liability theory, K-Mart (seller) would be held liable for defects in their products even if those defects were not introduced by them; also for failing to discover them during production (Herron, 2011).
The Caparo case might seem to be weakened on the third-party liability part. For example, there are occasions where responsibilities fall on related parties when it comes to dealing with public health, especially on the mental health. The children are sometimes affected due to mental illness as a result of the carelessness of their parents. Here, the symptoms leading to mental affection would fall on the parents, and hence they are legally responsible for the causes. Similarly, Fidelity would have to be accountable for the damages caused to Caparo.