Delaware Supreme Court

to determine if Petrograd’s breach of warranty claim will remain a viable option, an analysis of the classification of the contract must first be considered. A. The disputed contract is a services contract and should not be governed by the UCC. A court will likely hold the contract in dispute, one which involves a mixture of both goods and services, as predominately

A court will likely find Petrograd’s claim against Coleman successful despite any statute of limitations concerns. Delaware’s adopted version of the UCC requires that “[a]n action for breach . . . must be commenced within 4 years after the cause of action has accrued.” Del. Code Ann. tit. 6 § 2-275 (LEXIS through 80 Laws 2016, ch. 430). Conversely, breach of promise situations not involving the UCC must adhere to the three-year statute of limitations as set forth in the state’s commercial code. Specifically

Case: - Huffington v. TC GROUP, LLC, 637 F. 3d 18 - Court of Appeals, 1st Circuit 2011 This case takes place in the Supreme Court of Delaware. It is a civil case that has been appealed by the plaintiff following a trial court decision. The Supreme Court agreed with the entire of trial’s court decision but denied part of the Defendants’ application. The case was decided in April 18, 2012. Issue: Should the Court rule as time-barred the Plaintiff’s claims which he makes under the Massachusetts

The Indian Supreme Court has ruled that doctors can be sued for medical negligence in consumer courts set up under India's consumer protection act of 1986. The landmark judgment, delivered last week, caps the nine year old controversy over whether doctors providing medical services to patients on payment of fees can be held liable under this act. Responding to appeals by doctors against earlier judgments by state high courts, the Supreme Court ruled that patients aggrieved by deficiencies in medical

Self-Defense: The self-defense claim has been around for many years and has been categorized in the courts as an excuse or justification. One of the rarely considered premises of the excuse/justification debate is that defenses are naturally unified. (Nourse V F, 2001). Depending on the individual cases self-defense might turn out to be both an excuse and a justification. If this is accurate then the debate on excuses and justifications does not solve the problem of the theory of necessity or

India since the 1970s have actively used the Courts-especially the Supreme Court-as a part of their struggles. This has been possible because of the higher Courts’ activism, especially under the guidance and action of Public Interest Litigation. Through the instrument of Public Interest Litigation, the Court liberated itself from traditional constraints in the legal system so as to reach out ‘to the weaker sections of Indian humanity. The Supreme Court of India has adopted a forward-looking approach

be ruled under Ottoman Turks Empire for well over several centuries. In 1916 Arabs and British military collaborated together and rebelled against Turkish rules. This allowed independence over the Turks for Arab countries and ending 400 years of supreme political power of the Ottoman Empire. After many years of restructuring Syria economics, social, and political fields, they combined the Ottoman, French, and Islamic laws up until the 1980’s. The criminal, civil, and commercial codes were mostly

Chapter 5: Abolishing the JCPC in The Gambia, New Zealand and Singapore 5.1: Introduction Based on the importance of the role the judiciary plays in POGG, I theorize that states will choose a final appellate court that is likely to uphold its policies when challenge. The quantitative analysis presented in Chapter 4 provides evidence that across the all 28 states in the sample the probabily………….. This chapter presents a closer look at three states that retained the JCPC at independence and subsequently

A crucial argument left unanswered is if state judges should be appointed or elected? Conflicting views raise many questions about how things would change in the court system. According to the article Justice at Stake, “One of the hottest debates in judicial politics today is whether judges should be chosen through competitive election or appointments. Each side has pros and cons”. Many states elect their judges through a merit selection process or appoint them through a process called the partisan

knowingly and intentionally provides a person with the knowledge and/or means required to end their own lives…”. (A, p29) In Canada, suicide has been legal for years, but euthanasia and physician-assisted death have only recently been decriminalized in a court of law. However, until 2016, PAD can still be charged as “culpable homicide” under section 222 and 229 of the Criminal Code of Canada. (B,K) The specifics of the debate on physician-assisted death in Canada has, over the decades, not significantly