City Council) owe a duty of care to the particular plaintiffs in the circumstances? Prior cases really only dealt with the ‘builders’ being responsible for the defect in the construction of a particular structure. In recent cases‚ Sunset Terraces‚ it was outlined that Councils do in fact owe a ‘Duty of Care’ thus the rule in Bowen v Paramount Builders Ltd crafted by Richmond P can be applied to our current case. Consequently‚ when the DCC selected a certifier who negligently approved unsound plans
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WILLIAMS V THE COMMONWEALTH [2012] 248 CLR 156 I INTRODUCTION Williams v The Commonwealth is an excellent example of a significant turning point in Australian Constitutional history. It challenged Executive power‚ the capacity the Commonwealth had to spend public money‚ and its’ power to enter into contracts without the authorisation of Parliament . The breadth of Executive power is covered under s61 of the Constitution‚ and describes activities which the executive can carry out . The Williams
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Sheppard v. Maxwell‚ was a United States Supreme Court case that examined the rights of freedom of the press as outlined in the 1st Amendment when weighed against a defendant’s right to a fair trial as required by the 6th Amendment. In particular‚ the court sought to determine whether or not the defendant was denied fair trial for the second-degree murder of his wife‚ of which he was convicted‚ because of the trial judge’s failure to protect Sheppard sufficiently from the massive‚ pervasive‚ and
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Tatro v. University of Minnesota (2012) involved free speech and human cadavers‚ two topics that naturally incite curiosity. The Mortuary Science Program at the University of Minnesota is a Bachelor of Science program for upperclass undergraduate students. The program’s mission is to prepare students to become licensed funeral directors and morticians. The anatomy course of Mortuary Science Program relies on the generosity of individuals who choose to donate their bodies to science after they have
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Ricci v. DeStefano Supreme Court of the United States 129 S. Ct. 2658; 174 L. Ed. 2d 490 (2009) April 22‚2009‚ Argued June 29‚ 2009‚ Decided This 2009 Supreme Court decision was a result of alleged racial discrimination with regard to internal promotions of nineteen New Haven‚ Connecticut firefighters. New Haven city officials invalidated test results when no Blacks scored high enough to meet the minimum score necessary to be eligible for promotion. Therefore‚ the White and Hispanic candidates
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In the case of Snyder V. Phelps‚ in which the Westboro Baptist Church has been for many years picketing military funerals‚ rights protect the church’s freedom of speech‚ and the freedom of assembly. Although the Supreme Court is basing the decision off of the first amendment right of freedom of speech‚ not only can this case be based on freedom of speech but also the citizens right of assembly. The church believes that American soldier’s deaths should be blamed on the fact that the United States
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Week 2 Case Summary For reference file # 8402 date issued January 17‚ 2013 Indexed as MacDonald v. Najafi and another (No.2) 2013 BCHRT 13 Facts The case I picked was heard on June 18 to19‚ 2012 in front of Murray Geiger Adams who is a member of the tribunal. The claimant is Ms. Macdonald‚ who is a university grad that moved to Vancouver from Calgary. The respondents are Mr. Najafi and his company Sign-A-Rama based in Vancouver. Mr. Najafi’s has adult children and is in his 60’s lived
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Business Law Kikuchi‚ Nikka Lei N. October 14‚ 2014 Cuadra v. Monfort Case Digest Statement of the facts: I. Maria Teresa Cuadra and Maria Teresa Monfort were classmates in Grade Six at the Mabini Elementary School in Bacolod City. On July 9‚ 1962 their teacher assigned them‚ together with three other classmates‚ to weed the grass in the school premises. While thus engaged Maria Teresa Monfort found a plastic headband‚ an ornamental object commonly worn by young girls
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Obergefell V. Hodges is a Supreme court case that sanctioned same-sex marriage in each of the 50 states. The case occurred when a man named James Obergefell sued his home state Ohio to tell the general population of Ohio how the forbidding of gay marriage wasn’t right and an infringement of his rights as a citizen. Certain rights are counted in the Constitution. Different rights are not identified in the Constitution but rather are seemingly suggested inside its dialect. Most rights ascending by
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Donoghue v Stevenson (1932) AC 562 Facts: Mrs. Donoghue found a decomposing snail in the ginger beer and claimed to have suffered gastroenteritis and severe shock upon the sight of the snail. She sought to recover damages from Stevenson‚ claiming that the presence of snail was due to his negligence. Could Mrs. Donoghue bring an action in negligence against Stevenson? Stevenson argued that as they were not in a contractual relationship‚ hence there was no special relationship and therefore he
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