Citation: Maryland Arms Limited Partnership vs. Connell (July 07, 2010) Facts: Cari Connell leased an apartment from Maryland Arms and experienced a fire due to a hair dryer that was plugged in by Ms. Connell. Maryland Arms repaired the apartment and sent a bill to Ms. Connell for a total of 8,533.81. Ms. Connell did not pay and was evicted and taken to court by Maryland Arms. Ms. Connell argued that the fire was accidental in nature and not by negligence which neither the lease nor Wisconsin permitted claims for damages when they are not caused by negligence by tenant. Maryland Arms voiced Ms. Connell was liable due to the leases liability paragraph. Issues: The liability paragraph did not use ambiguous language throughout the all
In this paper I will discuss the various aspects of a Federal Contract Specialist position and what makes it different from many other government jobs. Some people think contracting is just shopping for a living, however, it requires great skill and attention to detail. Contract Specialists must be able to communicate effectively with their customers, vendors and other contracting personnel and they must be able to accurately interpret regulations and apply them appropriately. This position is a little bit customer service representative, a little bit personal shopper and a whole lot of legal assistant.
Most time, acceptance would be made in clear and loud matters, such as saying “Yes, I accept.” But silence would constitute acceptance of an offer where the common-law and statutory law allows. Supreme Court of Nebraska has confirmed in Joseph Heiting and Sons v. Jacks Bean Co that acceptance may be established by silence or inaction of an offeree and acceptance occurs when the buyer/offeree “does any act inconsistent with the seller/offeror’s ownership...” Neb. U.C.C. section 2-606(1)(c). In Joseph Heiting and Sons v. Jacks Bean Co, 463 N.W.2d 817, 236 Neb. 765 (Neb.,1990), Heiting (Plaintiff) offered to sell its beans at the posted price on September 30, 1987, but was never informed of acceptance or rejection of the offer. Heiting and Jacks
Our client, Sage Rent-A-Car Incorporation, leased a vehicle to Jeffery Calkin. The Defendant, Mr. Calkin was involved in a collision by failing to stop at a stop sign, therefore colliding with Jane White, the Plaintiff. Ms. White filed a negligence law suit against Mr. Calkin and Sage Rent-A-Car Inc. In the complaint, the Plaintiff claims that our client is required to carry insurance under the provisions of the Mandatory Financial Responsibility Act and therefore, has the duty to assume liability for the Defendant’s negligent collision. This matter is before the court on a motion to dismiss the Plaintiff’s complaint.
This claim arises out of a lawsuit filed in Kane County, Illinois involving an incident at Johnny A’s Third Rail Pub, a local pub owned by the Insured, Beslidheje, Inc. Mr. Tefik Ashiku owns and operates the Insured corporate entity. The pub operates out of a building owned by the co-defendant, Junaid Zubairi. Plaintiff’s lawsuit alleges negligence against both Beslidheje, Inc. and Zubairi, claiming that the stairway had insufficient or inoperative lighting at the time she fell.
The defendant Sage Rent-A-Car leased a vehicle to defendant Jeffery Calkin. However, Mr. Calkin failed to stop at a stop sign, and collided with the plaintiff Jane White. The plaintiff then filed a suit against both defendants due to failure to carry insurance under the New Mexico Mandatory Financial Responsibility Act. Nevertheless, when the defendant Sage Rent-A-Car incorporated, it filed for a surety bond with the superintendent of insurance and is self-insured under
This claim arises out of a lawsuit filed by Plaintiff, Debra Nathan-Nenn, on her own behalf, and on behalf of her minor son, Grey Hoffman. The Amended Complaint alleges in general that Ms. Nathan-Nenn executed a written lease to rent a house from the insureds starting on June 1, 2013. The plaintiffs further allege that starting on the day the plaintiffs took possession of the house, the drain in the kitchen sink was not working and the insureds failed to correct this condition. The complaint continues to allege additional deficiencies in the rental property such as mold growth in one of the bedrooms and in various locations of the house due to excess moisture and failure to patch exterior openings, insufficient heating, holes in the exterior walls, an unfinished deck, insufficient weather sealants, vermin in the crawlspace, frozen pipes and lack of running water. The plaintiffs further allege that the insureds have failed to address and resolve the above issues. The most serious claim is that the mold present throughout the house caused the plaintiff and her minor son to become ill.
In the district court trial, the jury sided with the plaintiff and ruled that the St. Louis Hockey Club was vicariously liable for the plaintiff’s injuries. The trial court agreed with the plaintiff’s argument that as per the doctrine of respondeat superior, the defendant was liable for their employee’s negligent actions that led to the plaintiff’s injuries. As part of their
Wally, business owner of Windy City Watches is located in downtown Chicago, IL. Business is booming and Wally needs to buy a large quantity of Rolek watches which sell for $50 apiece. He calls Randy Rolek, the wholesaler located in Milwaukee WI. They discuss terms on the phone for a while before coming to an agreement in which Wally offers to buy 100 watches for $25 each. Randy sends over an order form in which Wally states that he is agreeing to purchase watches from Randy for $25 each, but does not include the quantity in which he will buy. Randy sends 50 watches the following week with a note included stating that he has sent 50 watches and will send the other remaining 50 watches within a few days but includes the bill for the full
Jeffery Calkin, the defendant, leased a vehicle for our client, Sage Rent-A-Car Inc., and was involved in a car accident with the plaintiff, Jane White. A negligence suit was filed by Ms. White against Mr. Calkin and our client, Sage Rent-A-Car Inc. The suit claims that our client is required to carry insurance and therefore has a duty to assume responsibility for this accident under the provisions of the Mandatory Financial Responsibility Act (MFRA).
Bernie a resident of Richmond, Virginia decides to sale his 2006 Ford Fusion for $13,000.00 and places an ad in his local newspaper on February 1st. After several weeks without any inquiries, Vivian contacts Bernie on March 1st stating she will pay him $12,000.00 for the car. Bernie arranges to meet with Vivian on March 5th to complete the deal. Vivian comes to Bernie’s house on March 10th and says she will give Bernie $12,500.00 for the car; but she needs three additional weeks to come up with the money. Bernie agrees but only if Vivian puts down a deposit. Vivian agrees and Bernie drafts an agreement stated the sale will must take place no later than March 31st. Vivian reads and signs the agreement and
Plaintiff further asserts that the Defendant breached its duty of care to her by: (1) “failing to fix a hazardous condition within a reasonable time;” (2) “failing to adequately warn plaintiff of a hazardous condition;” and (3) “otherwise failing to exercise reasonable and due care under the circumstances.” The Plaintiff is seeking compensatory damages in the amount of two hundred thousand dollars, plus interest and costs.
Peter booked a room for a week at Macgregor Hotel. At the reception desk, where he made the booking, was a notice limiting the hotel’s liability for loss of, damage to guest’s property.
Additionally, Blue Ridge was engaged to meet the terms and conditions of para 10.1 of the Lease Agreement to keep all HVAC units in good working order and repair during my tenancy. Blue Ridge carried out regular periodic inspections of the units and performed maintenance work as in their professional opinion was required. The cost of the services provided by Blue Ridge to Furniture Affair was in excess of $7,000 per annum. Irrespective of this and only to be diligent I
To begin with, Sarah Leah was offered a new job with a magazine company in Ottawa and had to start the next weekend. She packed up all her belongings and headed to Ottawa where she entered into an oral contract with the Holiday Inn Suites Hotel. Under this contract, the plaintiff would receive accommodation from the hotel and in return, she would pay for the accommodation. The hotel breached their contract when there was a fire in the hotel that resulted in Sarah’s property being destroyed as well as, the room which she entered into a contract under. To remedy the situation, Sarah could sue for punitive damages, actual damages and general damages. Under punitive damages, Sarah could sue for the hotels reckless actions/conduct. The hotel could have easily avoided this fire had they taken the necessary steps to prevent it such as; having signs that said “smoking is prohibited in the hotel lobby” or even telling people that enter the hotel that there are designated smoking areas around the hotel premise if they wish to smoke. Sarah could also sue for actual damages, such as, possible lost income from work (while she finds another place to live) and her property that was destroyed in the fire. Finally, she could also sue for general damages,
A contract is an agreement that is voluntarily entered into by two or more parties that specifically causes a legal obligation. Within the original contact there is, then, the expectation that all parties would perform as agreed unless the parties agree together to change the terms of the contract, or the actions of the party that deviates from the terms of the contract are ratified (implicitly accepted) by the other party. Product liability is an area of law in which any organization that either makes products (manufacturers) or distributes to the public (makes available) may be held responsible for potential injuries that may be caused by those products. In the United States, claims for product liability are usually associated with some type of negligence, breach of warranty, or other consumer protection issues. However, the large majority of product liability laws vary considerably because they are determined from state to state. This, of course, makes it problematical to litigate across state boundaries, as well as ensure that manufacturing requirements are met more universally (Golden, 2000).