invalid‚ following lord denning’s decision in D&C builders V Rees and was developed in later cases such as the sibeon and sibotre and the Atlantic Baron. In this case the plaintiffs took delivery of the ships in name and 8 months later they sought to recover on the basis in inter alia‚ economic duress. It was held the plaintiffs action failed as the delay in seeking recovery amounted to affirmation of the contract and therefore lost the right to rescission. There is a difficulty in distinguishing
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MARSDEN‚ ) ) Plaintiff‚ ) ) vs. ) ) JOHN NMN DOE‚ ) ) Cause No.: Defendant. ) ) Division: Serve Defendant at: ) ) Missouri Division of ) Employment Security ) Claims Department ) 505 Washington Avenue ) St. Louis‚ Missouri 63101 ) ) Serve between 9:00 a.m. and ) 4:00 p.m. Monday through Friday ) PETITION FOR DAMAGES FOR ASSAULT AND BATTERY COMES NOW Plaintiff‚ MARY MARSDEN‚ and for
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CHARLES F. WOODHOUSE‚ plaintiff-appellant‚ vs. FORTUNATO F. HALILI‚ defendant-appellant. Tañada‚ Pelaez & Teehankee for defendant and appellant. Gibbs‚ Gibbs‚ Chuidian & Quasha for plaintiff and appellant. LABRADOR‚ J.: On November 29‚ 1947‚ the plaintiff entered on a written agreement‚ Exhibit A‚ with the defendant‚ the most important provisions of which are (1) that they shall organize a partnership for the bottling and distribution of Mision soft drinks‚ plaintiff to act as industrial partner
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Case Study 2 Procedural History The Plaintiff Wendling was originally awarded damages for the breach of an oral contract for the purchase and sale of cattle to the Defendants Puls and Watson by the Harvey District Court; which the Defendants turned around and later appealed. Both of the Defendants argued that the oral contract was unenforceable by law and the damages were also not calculated correctly. Facts Plaintiff Wendling‚ who was a farmer and stockman‚ met Defendant Puls‚ who was a cattle
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and injuring the Plaintiff and damaging the Plaintiff‚ which added injury to the Pliainff’s existing Physical Disability. The Defendants elected to ignore the line of verbal communication and warring’s from the Plaintiff and the Plaintiff’s wife that the Plaintiff already had a disability and did not want to risk further injuries. The Defendant’s actions showed gross negligence‚ non-reasonable moving practices‚ lying to the Plaintiff‚ which constitutes fraud‚ total disregard for Plaintiff’s
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Multnomah County Roy Keane ) Plaintiff ) Roy Keane’s vs. ) First Amended ) Complaint Bryce Caldwell ) Defendant ) Assault‚ Battery‚ and Intentional ) Infliction of Emotional Distress ) ) ) Not Subject to Mandatory ) Arbitration Plaintiff‚ Roy Keane by his attorney‚ Walter Meier files his Complaint against defendants as follows: Claim 1 – Assault 1. Plaintiff‚ Roy Keane accompanied his wife to
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SUPERIOR COURT : SHAYLA SMITH‚ A MINOR CHILD AND MARY SMITH N/O/F : Plaintiff‚ : J. D. OF CONNECTICUT v. : AT NEW HAMSHIRE OD FAMILY CAMPGROUND‚ INC. : ROBERT TUTTLE : SUSAN TUTTLE : Defendants. : August 24‚ 2013 COMPLAINT COUNT ONE – NEGLIGENCE (OD Family Campground) 1. The Plaintiff‚ Shayla Smith a minor child by and through Mary Smith N/O/F‚ (Plaintiff)‚ is a resident of New Hartford‚ Connecticut. 2. Upon information and belief
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Karimullah Son of Late Mr Rahimullah House No. B24 Mirpur 10‚ Dhaka ...........................Plaintiff VERSUS Mr Halim Miah Son of Late Mr Lala Miah C54‚ Amin Bazar‚ Savar‚ Dhaka .......................Defendants Suit for Recovery of Possassion Under Section 8 of the Specific Relief Act 1877 Suit Value 460000 Taka The plaintiff most respectfully states as follows: 1. That the plaintiff is a reputed businessman lives in house no B24 Mirpur 10 Dhaka.. 2. That the defendant is also
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The Natural Gas Case In the Natural Gas case‚ a German company and a Dutch gas reseller (the plaintiffs) is suing an Austrian partnership company (the defendant) for a breach of contract. The plaintiffs negotiated and agreed to purchase 3000 metric tons of propane gas for $381 per metric ton from the defendant. Because of the two companies never conducting business with one another‚ the plaintiffs agreed to secure a letter of credit with its purchase. To secure the letter of credit with the purchase
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Bonnie Wittenburg‚ Plaintiff‚ v. American Express Financial Advisors‚ Inc.‚ Defendant. Civ. No. 04-922 (JNE/SRN) UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA FACTS OF THE CASE: In the case of Wittenburg v. American Express Financial Advisors‚ Inc. (AEFA)‚ Bonnie Wittenburg was an employee for AEFA in their Minneapolis office. The plaintiff was hired by the company in November of 1998 at the age of forty-six to serve as an Equity Research Analyst in AEFA’s Equity Investment
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