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25 Aug 2010, 10:45 am by PaulKostro
A “‘confidential relationship’ between the testator and a beneficiary, ‘arises where trust is reposed by reason of the testator’s weakness or dependence or where the parties occupied relations in which reliance is naturally inspired or in fact exists. [read post]
17 Aug 2010, 5:32 am by Nick Cowen
Both Crispin Blunt and Ken Clarke have recently made speeches which suggest a renewed focus on the rehabilitation of prisoners and away from a reliance on prison sentences. [read post]
3 Aug 2010, 3:13 pm by lawmrh
It’s not known if the allegations include reliance by the server on what used to be called “sewer service. [read post]
15 Jul 2010, 10:05 am by PaulKostro
” Moreover, where the basis for the relief sought is premised upon a claim of fraud, the party objecting to the judgment must establish the fraud by clear and convincing evidence, demonstrating that “a material misrepresentation [was] made with intent that it be relied on, coupled with actual detrimental reliance. [read post]
7 Jul 2010, 9:36 am by charonqc
Anyway… good news for the Coalition government which places so much faith in the private sector and even plans to let the private sector bid for universities or get or widen their degree awarding powers – god help us…… UK’s first private prison condemned in report The Independent reports: Britain’s first private prison, opened in the year Ken Clarke was Conservative Home Secretary, was roundly condemned by independent inspectors today. [read post]
7 Jul 2010, 8:01 am by PaulKostro
., 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]
4 Jul 2010, 2:24 pm by Mark Bennett
And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes and our sacred honor. [read post]
1 Jul 2010, 5:20 pm by carie
What will the Supreme Court be like without its liberal leader? [read post]
8 Jun 2010, 7:34 pm
Vreeland, 227 U.S. 59 (1913), which refused to recognize the right to recover loss of society damages under the FELA (and which actually predated the passage of the Jones Act by seven years) and the result of the Court's reliance on that decision in Miles v. [read post]
3 Jun 2010, 2:49 pm by WSLL
Clark, of Worrall & Greear, Worland, WyomingIssues: Whether the district court abused its discretion in calculating the parties’ respective incomes. [read post]
3 Jun 2010, 8:43 am by PaulKostro
Prejudice exists when the party asserting laches has changed his position or condition in reliance upon the other party’s inaction. [read post]
7 May 2010, 10:00 pm by Tom Goldstein
“In Memoriam: Clark Byse,” Harvard Law Re [read post]
2 Apr 2010, 4:26 pm by Colin Caywood
(I refer to Marler as a “regulator” because of the government’s and industry’s reliance on the tort system to hold companies accountable.) [read post]
2 Apr 2010, 1:15 pm by Bill Marler
(I refer to Marler as a “regulator” because of the government’s and industry’s reliance on the tort system to hold companies accountable.) [read post]
30 Mar 2010, 3:50 pm by PaulKostro
The Court placed “great reliance” on DYFS’ position that post-adoption visitation would have a “chilling effect” on prospective adoptive parents. [read post]
22 Mar 2010, 12:39 pm by PaulKostro
He alleged reliance on the defendant’s opinion that the sales agreement was enforceable, caused him damage in not developing the property. [read post]