Contract Claims are Defeated by the Lease Terms and are Waived Plaintiffs’ breach-of-contract claims are defeated by two independent affirmative matters: the lease’s terms and the equitable principle of waiver. To bring a breach of contract cause of action, a plaintiff must allege (1) the existence of a contract, (2) plaintiff’s performance of all contractual conditions, (3) defendant’s alleged breach, and (4) damages. See Premier Electrical Construction Co, 159 Ill. App. 3d at 102 (emphasis added)
statutory derivative action. The restrictive leave requirements under the statutory derivative claim where the concept of prima facie, good faith and ratification have been interpreted within the confines of the origins in the case of Foss v Harbottle do not add any appeal the statutory derivative claim. Further, the approach in relation to granting indemnity costs orders which is rather limited does not in any way encourage any potential claimant to pursue a derivative action. Recent cases which
On September 12, 2014, Denise Rockett filed a complaint against Eugene Nigro, Esq. Nigro was reportedly negligent when handling legal matters in her late husband’s estate. Specifically, the complainant alleges that Denise, as Executrix of her late husband’s estate, was intentionally excluded from major decisions, not properly compensated, and deprived of control over their properties. Nigro allegedly breached his fiduciary obligation and violated Mass.R.Prof.C. 1.4(b), 1.7(b), and 8.4(c). FACTS
Introduction Poniatowska v Hickinbotham [2009] FCA 680 and the unsuccessful appeal against the decision (Employment Services Australia Pty Ltd v Poniatowska [2010] FCAFC 92) are remarkable cases concerning various allegations of conduct constituting sexual harassment (SH) and unlawful discrimination on grounds of sex. The reasoning of Mansfield at first instance (which is accepted by the judges at appeal) adequately addresses issues of credibility, standard of workplace policies regarding SH and
The tort is evident due to the negligence of Silverline Construction ltd. The following evidence can be used by the plaintiff. Below I have stated my evidence in accordance to Emma’s case. The plaintiff is due a form of repayment/compensation as stated within the case, due to the negligence presented by Silverline construction ltd. Emma suffered serious facial injuries and concussion and could not carry out her work for 6 months. The case of Lord Atkin in Donoghue v Stevenson [1932] AC562 ‘’you
Were Hitler’s Actions the Main Cause of World War Two? Adolf Hitler was a great and inspirational leader to many but to others he was a cold-blooded and ruthless killer. He was born to Alois and Klara Hitler on April 20th 1889 in a small Austrian town called Braunau. He ruled Germany for 12 years (1933-45) and was an extremely interesting leader. Some would argue that Hitler was one of the most influential men of our time who had been given gifts from God himself. Hitler’s actions before World War
Psychologists’ main claim on the cause of homosexuality is that homosexuals grow up and/or mature in an environment unnatural to that of healthy, normal adults. There are two primary unnatural environments: the romantic environment and the adolescent environment. Scientists have done some research and found that most homosexuals were not born with their sexual orientation but that young people found the lifestyle as a point of refuge. “Young people who have had poor heterosexual relationships that
Hitler's Aims and Actions as the Cause of World War II When considering the reasons for the outbreak of war in 1939 it is easy to place the entire blame on Hitler’s aggressive foreign policy in the late 1930s. One British historian, writing a few years after the end of the war, claimed that ‘the Second World War was Hitler’s personal war, in that he intended it, he prepared for it, he chose the moment for launching it.’ In this assignment it is my intention to show that Hitler’s foreign policy
Were Hitler’s actions the main cause of World War Two? World War Two began on the 3rd of September 1939 when Germany invaded Poland, however Adolf Hitler had made a number of actions before this date that are directly responsible for the outbreak of what is bloodiest war in human history. Although there were a number of causes of World War Two, Hitler’s actions were the most important. Hitler’s actions can be broken down into three different points. Firstly, Hitler’s military actions such as the rearmament
40 points I have personally been involved with Civil Disobedience. On March 14, 2018, the school held a walk out. I decided to partake in it, all the students that wanted to, quietly got up and left class to stand outside and protest and give 17 minutes of silence for the 17 lives of fellow students lost in the shooting that occurred in Florida. The three articles that I will be discussing are “On Nonviolent Resistance” by Mohandas Gandhi, “Letter From Birmingham Jail” by Dr. Martin Luther King
Strong emotions towards another can cause one to act irrationally. In The Book Thief by Markus Zusak Rudy, Liesel, and her foster father Hans develop strong emotions towards others that cause them to act rashly. Rudy’s, Liesel’s, and Hans’s actions illustrate the unreasonable actions caused by strong feelings towards another. Strong emotions towards another can cause one to act irrationally. This idea is prominent throughout The Book Thief especially through Hans Hubberman. Hans displays his irrationality
Introduction Enforcing the law is a complex and a continuously evolving challenge. Likewise, managing the enforcers can be equally if not more challenging. Gone are the days of “We gave you a gun and a badge, go forth, and do the right thing!” At every turn, the modern law enforcement agency should be cautious about exposing itself to situations that create high or unnecessary risk. By utilizing thorough risk assessment techniques, continuous forecasting combined with continuous training; we can
A. The proximate cause is the third element of negligence. It is defined as a cause that is legally sufficient to impose liability for the results of one’s wrongful act or omission. In this case, the actual cause of Pete’s injury would not have occurred if it wasn’t for Tom’s actions. Pete would not have gotten hit by a car if it wasn’t for Tom’s actions/omission. In regards to the substantial-factor test, Tom’s actions was a substantial factor that produced the accident that caused Pete to get
The topic of free will has been greatly debated by philosophers. It is important to understand freedom especially in terms of responsibility. Whether our actions come from our complete free will or our actions are caused by external factors is vital to our judiciary systems. In this essay, I will firstly discuss Locke’s compatibilist argument as well as his analysis that we are free if we do what we will. Secondly, Hume’s analysis that with better definitions of freedom we will all conclude that
this dispute: determinism, libertarianism, and compatibilism. Determinists believe that freedom of the will does not exist. Since actions are events that have some predetermined cause, no actions can be chosen and thus there is no will to choose. The compatibilist argues that you can have both freedom of the will and determinism. If the causes which led to our actions were different, then we could have acted in another way which is compatible with freedom of the will. Libertarians believe that freedom
is a spiritual course involving action. Action is inevitable. None can remain without activity. As long as we have desires we are bound to act. We are free only to choose the type of action- negative or positive. Negative actions are those that increase our desires. They cause our spiritual devolution. Positive actions reduce our desires. Promote our evolution. All selfish, self-centered activities are negative. Such activities lack a higher goal, a common cause and a nobler idea in them. Again
The physical world is governed by the rules of cause and effect. Individuals are a part of the physical world and are thus determined. Any action we take has predictable results once set in motion and it is this that allows people to make decisions. Because they are determined, people can judge the consequences of an action before it is made, allowing them to choose the option with the most beneficial results. Humans are naturally determined
have the freedom to act or other causes and effects determine our destiny. Free will in this context is defined as the freedom to choose and act where there several alternative courses of action. Theologically, the concept of free will is presented as the power to make decisions on our own without necessarily been influenced by external or predetermined courses. Different theories define free will. Those who believe in compatibilism think The first one is that actions that are moral are not differentiated
Is there a private cause of action for violating Texas Insurance Code § 1271.155 and 28 Texas Administrative Code § 3.3725, both of which require payment of the “usual and customary rate” for emergency care provided by an out-of-network provider? If not, is there another vehicle to pursue the violation of those statutes? 2. Is there a claim directly under the patient’s ACA plan as the patient’s assignee? 3. Is a claim for quantum meruit viable where the provider alleges that the insurer failed
the lack of evidence in The Argument from Analogy for Other Minds supporting that A, a thought or feeling, is the only cause of B. Russell believes that there are other minds because he can see actions in others that are analogous to his own without thinking about them. He believes that all actions are caused by thoughts, but what happens when we have a reaction resulting as an action of something forced upon one’s self? Such as when a doctor hits your patellar tendon with a reflex hammer to test your