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7 Jul 2010, 8:01 am
., June 30, 2010: In order to prevail on a claim for common law fraud the plaintiff must prove the following five elements: (1) a material misrepresentation of a presently existing or past fact; (2) knowledge or belief by the defendant of its falsity; (3) an intention that the other party rely on it; (4) reasonable reliance thereon by the other party; and (5) resulting damages. [read post]
19 Jan 2010, 9:28 am
., A-2180-08T1, January 19, 2010: The doctrine of laches only applies when the party asserting laches demonstrates substantial reliance, to his or her detriment, on the other party’s delay in asserting a right to relief. [read post]
7 Aug 2012, 2:58 am
. __ (2012), A-127-10, 067683, August 2, 2012: The traditional elements of promissory estoppel require the party to show that there has been “(1) a clear and definite promise; (2) made with the expectation that the promisee will rely on it; (3) reasonable reliance; and (4) definite and substantial detriment,” Toll Bros., Inc. v. [read post]
24 Apr 2012, 12:55 pm
The Clark Law Office (CLO) manages all kinds of personal injury cases comprising motorcycle accidents, car accidents, and truck accidents. [read post]
12 Sep 2023, 12:06 pm
Anonymous, Clarks Summit, Pa. [read post]
9 Aug 2011, 5:03 pm
—Austin 2000, pet. denied); see also Clark v. [read post]
15 Aug 2012, 6:29 am
Bob was hired by the XYZ Promotions to work for the weekend at a charity golf tournament in Clarks Summit. [read post]
17 Feb 2012, 11:29 am
For these reasons, differing degrees of physician reliance have consistently defeated any presumption of reliance in learned intermediary situations. [read post]
23 Aug 2021, 8:39 am
” However, the fish complaint didn’t plead reliance with sufficient particularity. [read post]
12 Dec 2021, 6:47 am
The rise of global sourcing and production and its reliance on diversified and often opaque supply chains has given rise to major human rights accountability challenges (Mayer and Gereffi, 2010; ILO 2016; Clarke and Boersma, 2019). [read post]
15 Feb 2015, 9:13 pm
That was simply not at issue in Kimberly- Clark. [read post]
11 Aug 2016, 1:55 am
However, Lord Clarke, without expressing a final view, doubted this was correct as a blanket rule, given that the question of inducement will be a factual question in each case. [read post]
6 Jul 2022, 12:08 pm
Reliance on caffeine – Those who experience fatigue or drowsiness in the morning or throughout the day may drink coffee, soda, or other caffeinated beverages in order to stay awake. [read post]
3 Jun 2010, 8:43 am
Prejudice exists when the party asserting laches has changed his position or condition in reliance upon the other party’s inaction. [read post]
18 Feb 2016, 5:00 am
” Well, the short answer, Clark is no. [read post]
9 Oct 2009, 12:44 pm
To determine the existence of reliance, counsel can make inquiry of the expert. [read post]
27 Aug 2009, 5:03 pm
., Decided August 19, 2009: Picture by ToastyKen The essential elements of a fraud claim are: "(1) a material misrepresentation of a presently existing or past fact; (2) knowledge or belief by the defendant of its falsity; (3) an intention that the other person rely on it; (4) reasonable reliance thereon by the other person; and (5) resulting damages. [read post]
19 Nov 2009, 2:03 am
Parry (Lewis & Clark Law School) has posted International Extradition, the Rule of Non-Inquiry, and the Problem of Sovereignty. [read post]
24 Jul 2009, 3:22 pm
This was due to the court's apparent reliance on counsel's evaluation of the class's overtime claim as having "absolutely no" value, without regard to the objectors' claim that counsel's evaluation was based on an allegedly "staggering mistake of law. [read post]
13 Jul 2010, 9:35 am
“Disputes of material fact should not be resolved on the basis of certifications nor in reliance upon ambiguous terms in a property settlement agreement. [read post]
