During the time of Mr. Eldridge’s unemployment he did not make child support payments. In January 2008, Mrs. Eldridge filed a motion with the court that entered the divorce decree, seeking an order forcing Mr. Eldridge to pay a total of $7,000 in missed child support payments. Mr. Eldridge countered with a petition to modify his child support obligation. The petition requested that he be excused from having to pay the obligations that accrued during his ten month unemployment period. The court ordered Mr. Eldridge to pay half of the amount due, totaling $3,500 and excused him from the remainder of the balance, due to the factor the Mr. Eldridge was unemployed during the months that the child support was being accrued.
1978), the New Mexico Supreme Court established the standard for the granting of a Rule 1-012B(6) motion. The Court stated, “A motion to dismiss a complaint is properly granted only when it appears that the plaintiff cannot recover or be entitled to relief under any state of facts provable under the claim…” Under the provision of New Mexico Mandatory Financial Responsibility Act, (MFRA), NMSA 1978
Facts This is the who, what, when, where, and why of the case. Remember this is a brief, so you can just summarize. A suit was filed suit in the United States District Court for the District of Kansas against the defendant for breach of an express warranty under Kansas law, the plaintiff claim that the item that was acquired failed to perform, the jury deliberated that the plaintiff should receive damages, and yes it was a breach of a contractual agreement, usually when you purchase a good unless its stated as is, you are assuming that the item is in reasonable condition. Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description Plaintiff argued, the defendant appealed the decision, and claim that the suit was barred by the Kansas statute of limitations, the defendant state that because the plaintiff signed a disclaimer he agreed to a limited.
The court will most likely upheld the employee manual for terminating employees for unsatisfactory performance. The employee manual will be an implied contract and Dillon v. Champion Jogbra, Inc. will support his claim. Dillon v. Champion Jogbra, Inc. the court rule in favor of Champion Jogbra, Inc. because the company put a clause in the employee manual stating: “They do not constitute part of an employment contract, nor are they intended to make any commitment to any employee concerning how individual employment action can, should, or will be
In order for a defendant to be liable, the plaintiff must establish both negligence and proximate cause. (Aaron Larson, Law Offices of Aaron Larson, October, 2003). Esposito was injured due to Davis knocking into her when he turned around. The negligent conduct was Davis turning around without warning. The owner of the craft show could be liable for the accident of his employee under Vicarious Liability.
If an employer fails to meet its duty to conduct an adequate background check and hires an unfit employee who uses his or her position to inflict harm on others, that employer may be liable for negligent hiring. Here in this case, the delivery company hired these deliverers, one of whom had pled guilty to a charge of fourth degree burglary with an intention to commit theft from a dwelling. This is clearly a case of negligent hiring without a background check. Also liability for negligent hiring is limited to situations in which an unfit employee harmed others while on the employer’s premises or while using the employer’s property. In this case, delivering a new washing machine to the home of a customer indicates that the theft was conducted in the working hours and on the employer’s premises.
Persons who are the victims of sexual harassment may sue under Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq. ), which prohibits sex discrimination in the workplace. The federal courts did not recognize sexual harassment as a form of sex discrimination until the 1970s, because the problem originally was perceived as isolated incidents of flirtation in the workplace. Employers are now aware that the victims of workplace sexual harassment can sue them.
Ethical Dilemma: Sexual Harassment in the Workplace Introduction Sexual Harassment in the workplace is an ongoing epidemic in today’s workforce that if left unmanaged, has great potential to derail the culture and success of an organization. Sexual harassment has hardly ever been examined from an ethical perspective. We will view it from the utilitarian perspective and discuss ways to employers can gain control and prevent the act from occurring. Defining Sexual Harassment Sexual Harassment is the unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that disrupts the workplace. Sexual harassment falls into two categories: quid pro quo sexual harassment and hostile environment sexual harassment.
The basic rule to establish if a duty of care exists asks for reasonable foresight, which simply means, should the defendant have reasonably been able to foresee that his/her activity put the plaintiff at risk? In the following essay the case of Donoghue V Stevenson will be deconstructed and its impact on common law and society will be investigated. Before the case of Donoghue v Stevenson the law offered limited options for parties to sue for negligence as the court took the opinion that to sue for negligence there must be a breach on contract. When there was no established contract between the defendant and the plaintiff such as Winterbottom v Wright the court ruled in favour of the Defendant. In Winterbottom v Wright, Winterbottom was driving a stagecoach for the postmaster who hired Wright to maintain the coach at a safe standard, when the coach collapsed.
Length of Confinement “Genie” spent all thirteen years of her life being physically, verbally, and mentally abused. Although she was taken care of and made progress during the time of the intervention, after four years of progress and studies, the hospital treating her lost funding and she was returned to her birth mother who felt it was too hard to take care of her. “Genie” was placed into foster and bounced around for years, where she was abused further and ultimately ended up in an adult foster care program in California. Agents of Socialization The National Institute of Mental Health (NIMH) funded the research and care for “Genie” at UCLA. A team of psychologists and teachers helped care for her and worked on emerging her into society.