Though Highland’s defense initially sounds legitimate, Highland‘s failure to communicate unique standards and their mishandling of Comway’s product is what actually compromises the products merchantability. Comark should hold enough special knowledge about their product to manufacture it in order to withstand temperatures that would not render the product unsuitable for its intended purpose. However, Highland’s refusal to provide Comark with information concerning the pizza and carton details dismisses Comark from its warranty of merchantability as it forces Highland to fall under the strict liability standard. Highland’s mishandling of Comark’s product by exposing it to extreme temperatures is what caused the ink to leak onto the pizza and possibly endanger customer health. This falls under the subsection of the strict liability standard: defective condition unreasonably dangerous to the user.
This changed when they decided to announce to the public that the agent's services were holding a cable on behalf of the business. Because the client relies on this particular assumption, they are also based on the existence of an agency relationship. This would make the principal, the store, entitled to recover damages from the customer caused by the agent.
Ricky Franklin Smith was convicted based on his guilty plea of breaking and entering and his fourth offense of being a habitual offender. During his sentencing hearing, the court referred to his juvenile court records and enhanced his final sentence. Smith appealed his sentencing in the Court of Appeals arguing that he was entitled to resentencing because his juvenile criminal records had been automatically expunged pursuant to former MCR 5.913 (People v. Smith, 2017). The Court of Appeals reviewed People v. Price which had ruled that a juvenile record automatically expunged pursuant to MCR 5.913 could not be used during the presentence investigation. They also reviewed People v. Jones where the panel concluded that an expunged juvenile
Stan likewise consented to discount their cash in a day, if Jim and Laura chose not to buy the auto. Stan reliably dedicated breaks of the agreement. I will likewise illuminate Jim and Laura that they would not need to buy that auto if Stan attempt to prosecute you as a result of the statue of misrepresentation. I will likewise disclose to them what the statue of misrepresentation means. The statue of misrepresentation implies that an agreement for the offer of products at a cost of $500 or more is not enforceable by method for activity or barrier unless there is a mark showing that an agreement available to be purchased hosts been made between the two gatherings and marked by the gathering against whom requirement is looked
Let's explore another case, where we have Ryan Ferguson, from Jefferson City, Missouri. Ferguson is accused of killing a popular sports editor, Kent Heitholt, from Columbia Daily Tribune, on Halloween night in 2001. Ferguson has been in prison now for eight years. The accuser is Charles Erickson, who claims that he and Ferguson agreed to rob someone for money to help them buy more alcohol. Erickson went in to the police station two years after the murder and gave the police suspicion that he knew some of what happened the night Heitholt was killed.
James Chambers put forward a plan for Stuart and Kekwick to return north with a government-provided armed guard to see them past the difficulties at Attack Creek. The government prevaricated and quibbled about cost, personnel, and ultimate control of the expedition, but eventually agreed to contribute ten armed men and £2,500; and put Stuart in operational command. (In contrast, the Burke and Wills expedition had cost £9,000 to establish. That expedition had already reached the Darling River in northern New South Wales.)
Sullivan vs. Florida was a very high profiled case in 1989. Joe Sullivan was a 13-year-old African American boy, who was also mentally disabled. Joe was accused of sexually assaulting an elderly white woman hours after he and 2 other juveniles robbed her for her jewelry and coins. Joe was the youngest child to be sentenced to life in prison without the possibility of parole. He was tried as an adult because he a prior felony conviction on his record (Sullivan v. Florida).
State of Georgia V. Marcus Dwayne Dixon (2003) Marcus Dixon was a highly recruited high school football player. His life suddenly took a tragic turn when he was falsely convicted of raping a 15 year old girl. The elements around his false conviction could have been avoided with some reform to the criminal justice courts system. Dixon initially had many charges against him but were narrowed down to statutory rape and aggravated child molestation. There was much racial disparity surrounding the jury on Dixon’s case, in that the county that Dixon committed his “crime” was a predominantly white population.
An Centerville man in connection with the fatal shooting that took place last night at the Fandago Bar & Grill last night was captured and is now in custody. Frederick Johnson, 32, was identified by the detectives as the shooter of the crime. Police had tracked him down at his apartment on Barboza Street just a few blocks from the bar but was not there until earlier this morning. “Johnson confessed to the detectives that he was selling cocaine to the victim, Peter Wickham, press secretary for the mayor, but claims that the shooting was an accident,” said Lt. Jane Orthlieb of the CenterVilled Police department. Johnson and Wickham were arguing over the money but began to get into a shoving match.
Dred Scott was a slave for Dr.John Emerson , while traveling with Dr.Emerson Dred Scott was taken into the free state of Illinois. In 1836 , after staying in Illinois for two and a half years , Dr.Emerson decided to move to Wisconsin with Dred Scott. Dred Scott's stay in Illinois and Wisconsin both being places where slavery is prohibited , were chances for Scott to to make a claim to the court in the free states. After Dr.Emerson had died in 1843 , Dr.Emerson’s wife took over Scott and his wife. Dred Scott offered to buy his wife’s and his own freedom from Mrs.Emerson for $300.
In 1945, the High Court of Australia heard the case of Gratwick v Johnson and ultimately decided to dismiss the appeal in a unanimous decision by the Judges. While different reasoning was employed, all five judges drew the conclusion that the appeal should be dismissed as the statute the defendant was charged under was inconsistent with s.92 of the Australian Constitution. To provide some context for this case in 1944, Dulcie Johnson was charged with an offence against the National Security Act 1939-1943 in that she did contravene par.3 of the Restriction of Interstate Passenger Transport Order by travelling from South Australia to Western Australia by rail. In brief terms par.3 of the Restriction of Interstate Passenger Transport Order provided that no person shall, without a valid permit, travel from state to state or territory.
Scott Peterson was convicted of the murder of Laci Peterson and her unborn son, Conner Peterson. He has been on death row for over a decade as he tries to get his conviction appealed. Peterson and his family maintain his innocence, even participating in a docu-series titled, The Murder of Laci Peterson. This has caused quite a stir among viewers who now say they have doubts about his guilt. Could Scott Peterson been wrongfully imprisoned for so long because of circumstances he had no control over?
Ricky Franklin Smith was charged (as an adult) with breaking and entering a building with intents to commit larceny. Smith acknowledged that he had broken a window of a warehouse Pontiac, entered the building, and removed property without permission. Therefore Smith was sentenced to three and one-half to ten years for breaking and entering as a first time offender. But that sentence was vacated and Smith was sentenced to serve six to thirty years as a habitual offender (this was his fourth offense). Smith filed an appeal for improper sentencing because he cited that presentencing court judge used his juvenile record to characterize him as a “habitual offender” and a “danger to society”.
The aftermath of the Kansas-Nebraska Act began the violence known as Bleeding Kansas, which was the result of countless conflicts of pro-slaver and anti-slavery settlers. To make matters worse three years later, the Supreme Court issued its decision on the Dred Scott v. Sandford case. Chief Justice Roger B. Taney stated, “… the right of property in a slave is distinctly and expressly affirmed in the Constitution. The right to traffic in it, like an ordinary article of merchandise and property, was guarantied to the citizens of the United States, in every State that might desire it, for twenty years. And the Government in express terms is pledged to protect it in all future time….”11
"The State of California versus Scott Lee Peterson (Case number 1056770, 2005)", was an interesting case. This case was interesting because Laci was a very beautiful and seemingly young, friendly, and happily pregnant woman with lots of friends. Her husband, although attractive, had a kind of macho tough guy womanizer type of persona about himself. It is hard to believe or fathom someone being so cruel as to kill their pregnant wife, regardless of their marital problems. Laci came up missing on December 24, of 2002, the day before Christmas.
