Introduction The Clarkson v. Orkin Exterminating Co. Inc. case took place in the year 1985. Mrs. Clarkson sued Orkin Exterminating Co. Inc. for three distinct charges. Orkin had a contract with both the previous owner of which Mrs. Clarkson inherited after purchasing the house. The agreement stated that Orkin Exterminating Company was to be paid a certain amount of money to handle exterminating practices in this case; spraying of termites. Upon the completion of this, the contract also stated that the exterminating firm was to offer free exterminating services if at all there was a recurrence of the above-stated issue. Mrs. Clarkson moved to court claiming that Orkin had failed to deliver its end of the bargain. In what way did Orkin breach its duty? …show more content…
The company was mandated by the contract to ensure that the house had no termite infection. This was not the case as a representative of the company sent to check on Mrs. Clarkson’s allegation reported back that there was no termite infection. The plaintiff was then forced to seek the services of another exterminating company that was able to certify that indeed there was a termite infection. The termites had also destroyed the wood under the house of which they damaged, and the plaintiff used her own money to replace and repair them. First and foremost, the defendant breached the contract of its duties by lying that there were no termites in the house when indeed the insects were present. Second, upon Mrs. Clarkson ascertaining that there were indeed termites in the property, Orkin which was supposed to offer free retreatment of the property did not. Mrs. Clarkson was then forced to seek the services of another company and had to use her own money for the services that Orkin was supposed to offer at no
Husky International Electronics, Inc. v. Daniel Lee Ritz, Jr. (2016) NATURE OF THE CASE A debt of $164,000.00 was incurred by Chrysalis Manufacturing Corp. to plaintiff Husky International Electronics, Inc. Daniel Lee Ritz, Jr., the director of Chrysalis and owner of 30% of common stock, transferred all of Chrysalis’ assets to other entities the respondent, Ritz controlled, diminishing the ability to pay the debt. Thus, in 2009 Husky filed suit against Ritz, at which time Ritz to file a Chapter 7 bankruptcy.
Mitchell made the foregoing misrepresentations of fact to and concealed the true facts from Mildo/Perlow when he sold the house to them with the intent of inducing them to purchase it. Mitchell intended or had reason to expect that the misrepresentations and half-truths would be repeated to subsequent purchasers of the residents who would rely on them. The Court held that despite Mitchell was two sales removed from the plaintiff, he used his construction expertise to conceal the true condition of the property and knew there was a strong likelihood that the deception would be passed on to a subsequent
Plaintiff alleges that it notified Defendants of its representation of the Clients. Thereafter, Defendants entered into a settlement agreement in regard to the Hospital Bill (the “Settlement Agreement”). Per the Settlement Agreement, Geico agreed to pay St. David’s 50% of the Hospital
This consolidated appeal arises out of a declaratory judgment action, a foreclosure action, and a motion for possession of property initiated in the Circuit Court for Howard County. Mortgagor Sirina Sucklal (“Sucklal”), appellant, challenges the grant of summary judgment to the substitute trustees Mark H. Wittstadt, and Gerard Wm. Wittstadt, Jr. (collectively, “Substitute Trustees”), the ratification of the foreclosure sale, and the subsequent grant of a motion for judgment awarding possession to the purchasers at the foreclosure sale. On appeal, Sucklal presents six questions for our review, which we have condensed and rephrased as follows: 1.
Defendant: City of East Cleveland Ohio; claims in defense; defeat Plaintiffs motion to allow grandson in her dwelling. 5. Trial Court action: Judgment for the plaintiff, Inez Moore. 6.
Case Analysis: Trinity Western v. Law Society of Upper Canada In the following court case between Trinity Western University v. The Law Society of Upper Canada, Judges MacPherson, Cronk, and Pardu JJ, at the Ontario Court of Appeal, determine whether to grant accreditation to a private Christian University, that wants to open its own law school. The three-judge panel analyzes the Law Society of Upper Canada’s (LSUC) decision to not accredit Trinity Western’s proposed law facility, which took place in April 2014. The judges consider the Charter rights at stake, as well as the LSUC’s mandate. The case of TWU v. LSUC will be thoroughly examined, with a specific focus on key concepts that influence law-making, such as social development and change,
The Ashwander V Tennessee Authority case was argued December 19th 1935. McReynolds claimed that the Tennessee Valley Authority Act was unconstitutional while Brandeis was concurring for it. Brandeis collected and presented the Ashwander rules in the case, which are a set of rules which state that the constitutionality of an internal issue between shareholders should not be disputed or taken too literally. The TVA was firstly signed by President Roosevelt May 18th, 1933. This act was put into place as a part of the New Deal, involved with the intent to help Americans out of the depression and improve the economy of the Country.
The City asserts that it was entitled to an opportunity to cure the discovery failure before sanctions could be awarded. Dismissal with prejudice is a sanction that should be imposed only in those rare instances where the conduct of a party is so egregious that no other sanction will meet the demands of justice.” The appellees sued the City, seeking damages allegedly suffered by them when Eubanks Creek overflowed ad flooded their
Yes, the Tennants did settle, Nathaniel writes, "The tenant settled." He further states, "The firm would receive its contingency fee. The whole business might have ended right there. But Billot was not satisfied" (Rich 11) Even though the Tennants settled he went on to pursue a class action lawsuit against
Barker v. Wingo 407 U.S. 54 (1972) Tomica Brown-Wright Strayer University SOC 205 Society, Law, and Government Dr. Terry Lunsford October 26, 2014 Introduction According to Justia (2014) Barker v. Wingo, 407 U.S. 514 (1972), was a United States Supreme Court case that tried the determinations of whether or not the Sixth Amendment right to a speedy trial for defendants in criminal cases have been violated must be made on a case-by-case basis, and set forth four factors to be considered in the determination the (1) length of delay there isn’t an absolute time limit that is just one factor used in determining whether a speedy trial has been denied.
In the case of Timothy Ivory Carpenter V. UNITED STATES Did the government overstep its bounds in Detroit without getting a probable cause warrant, and did the government violated the 4th amendment of Timothy Ivory Carpenter? The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,but upon probable cause, the police have the right to searched, and the persons or things to be seized. That is the 4th amendment. So what are the facts of the case then? (“United States v. Carpenter.”
COMES NOW R. Mark Armstrong, PG (pro se) (“Plaintiff”), and hereby files a Complaint and Demand for Jury Trial under seal; while it is reviewed by the Department of Justice. The causes of action includes, but are not limited to: 1. Due Process and Equal Protection Clauses 42 U.S.C Section 1983 First Amendment as controlled by Garcetti_v._Ceballos1, the speech the Plaintiff was terminated for was not job required or job related. The Plaintiff spoke of unethical conduct that is basically bribery.
On September 2, 1974, Ehrlich A. Coker a convicted rapist, murderer, and overall felon that had been previously sentenced to three (3) life sentences plus 20 years, as well as an eight (8) year prison term had managed to escape. While on the run, Coker entered the residence of Elnita and Allen Carver without permission and threatened the couple. Mr. Coker proceeded to tie up Mr. Carver, steal Mrs. Carver’s money and car keys. Mrs. Carver was subsequently raped and kidnapped by Coker. It was upon Mr. Carver managing to free himself that he was then able to notify police of the events that had taken place.
White America will always have an advantage over blacks and it will continue to be this way, whether we would like to admit it or not. African Americans had the same capabilities to do anything a white American could, if not better in many circumstances. Unhappy with the hardships that challenged blacks’ freedom throughout their life, enslaved African American, Dred Scott, made a significant impact which eventually changed the views of slavery. Thus, the court ruling of the Dred Scott v. Sanford was established in 1857 which declared that slaves nor black men who were already free could be granted citizenship in the United States (Dred Scott v. Sandford, n.d.). Scott v Sanford court case was created to emphasize the wrongdoings of slave masters by expressing the poorly acts African Americans face while under the Declaration of Independence.
In 1945, the High Court of Australia heard the case of Gratwick v Johnson and ultimately decided to dismiss the appeal in a unanimous decision by the Judges. While different reasoning was employed, all five judges drew the conclusion that the appeal should be dismissed as the statute the defendant was charged under was inconsistent with s.92 of the Australian Constitution. To provide some context for this case in 1944, Dulcie Johnson was charged with an offence against the National Security Act 1939-1943 in that she did contravene par.3 of the Restriction of Interstate Passenger Transport Order by travelling from South Australia to Western Australia by rail. In brief terms par.3 of the Restriction of Interstate Passenger Transport Order provided that no person shall, without a valid permit, travel from state to state or territory.