Plaintiff

argue against a duty as it would foster an indeterminate number of potential plaintiffs, possibly all car owners. However only mainstream car model to run predominantly on batteries and the estimated number of sold models in SA is less than 100. Therefore there is an ascertainable class of persons. III. CONCLUSION Overall the arguments based on coherence, vulnerability and certainty heavily favour a potential plaintiff. It’s likely that a duty would be imposed and the scope would extend to…

go through a legal process on their own, which would cause a major logistical nightmare for the bank (Morran, 2016). So rather than sit back and wait, the plaintiffs in the class action lawsuit are calling Wells Fargo’s bluff, arguing that since the CAA’s are not meant to cover illegal bank transactions, then the bank should have no ability to shield itself from this lawsuit. A recent court filing has even gone to the point of identifying that the CAA does not cover illegal actions and that it…

In Gideon v. Wainwright, the U.S. Supreme Court decided that the assistance of counsel was a fundamental right to those (in criminal trials) who could not afford one, and that it was essential to a fair trial and due process of law. The Constitutional Amendments at issue were the Sixth and Fourteenth Amendments. In 1961, Clarence Gideon was denied the right to counsel after being accused of breaking and entering with the intent to commit a misdemeanor offense, which was a felony in the state…

Civil litigation is the process of taking legal action against something. It starts with the Plaintiff bringing forth legal action against the Defendant. From this point, the Defendant has to respond to the Plaintiffs actions within a certain time period. Once the Defendant does respond, they can admit to it to a portion or none of the lawsuit at that time. Although if the Defendant does not respond within the time period, then the courts will step in and make a judgment on the case. Once the…

The fifth concept I learned in this chapter is battered child syndrome. In 1962, the recognition of child abuse became came about, thanks to the paper the Battered Child Syndrome written by Dr. C Henry Kempe. Battered child syndrome is a type of child abuse and it happens when a child is continually abused by his/her parent. The reason why it took so long for child abuse to be discovered is because they used to be seen as property just like women. Before the 19th century, children and women were…

To win a defamation lawsuit in the U.S., plaintiffs must prove at least the following: 1) The defendant made a false, unprivileged statement of fact about the plaintiff; 2) The statement caused either reputational or material harm to the plaintiff; and 3) The defendant acted either negligently or with actual malice. To wit, in this case, Miquelon must prove: 1) He was not responsible for Walgreen’s…

Further in this section of the speech, Cicero uses that in sown doubt in order to give the plaintiff a “chance” to prove that he is indeed correct in the issue by telling the court that he would agree with a decision made in the favor of Caius Fannius, if only he were to produce that evidence that would prove him right . From the wording of his…

In the past decade, there were numerous cases pertaining the age discrimination with some still in the courts as they are unsettled while others were settled in either against the employee or the employer. One of the popular cases was the Kimel v. Florida board of regents Facts on Kimel v. Florida board of regents In the year 1994, two different associates’ professors initiated a suit against their state employer. In the month of December, the professors lately filed the suit in a…

Bullying is a prominent issue facing youth today and drastic measures have been taken in order to prevent it. Many researchers aim to identify the frequency of bullying, the demographic differences that exist in sport, and examine the impact that bullying has on an athlete’s development. However, when it comes to the legal aspect of bullying, most states do not have any laws protecting individuals from being bullied. In fact, bullying is considered a form of harassment and actually goes hand in…

may have a claim for fraudulent inducement. Fraudulent inducement has four elements: (1) false representations of material fact made to the plaintiff during the negotiation; (2) false representations made knowingly and intentionally by the defendant; (3) the plaintiff reasonably relied on the false representations in agreeing to the contract; and (4) the plaintiff suffered damages. In this case, Ms. L alleges that the Company employee, Wanda, brought out a stack of “potential prospects” after…