Three defendants were each found liable to the plaintiff in a personal injuries case. |
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The plaintiff, a 14-year-old boy, and a friend decided to repair the boat, and jacked it up with a car jack. |
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That judgment reflected a reduction in the agreed quantum of damages suffered by the plaintiff. |
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In effect, Dr. Rosen did not give a report on the quantum of damages suffered by the plaintiff. |
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Several years later the plaintiff gave the defendant notice to quit under the lease agreement. |
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Four witnesses who were acquainted with the plaintiff testified that they thought of him when they read the article. |
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I consider that, on balance, the plaintiff should bear the brunt of the costs of this litigation. |
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Here, the contractor was the plaintiff and the owners were the defendants in a lien action. |
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The first chance event is whether the plaintiff decides to bring an action for common law damages. |
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If he fails to do so, he is held liable, whereas in an action for negligence the legal burden in most cases remains throughout on the plaintiff. |
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If the defendant adduces no evidence there is nothing to rebut the inference of negligence and the plaintiff will have proved his case. |
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The plaintiff was the owner of adjoining land which was flooded when the pipe became blocked by debris after a heavy rainstorm. |
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What is more, there is a clear juridical advantage to the plaintiff in Ontario implicitly acknowledged by the Post. |
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We question whether plaintiff may obtain personal jurisdiction over the defendant in this judicial district. |
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Was it just and reasonable that the defendant should owe a duty of care of the scope asserted by the plaintiff? |
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All he can do to protect himself is to pay into court what is justly due or what the plaintiff may prove likely to recover. |
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In that case, the plaintiff retained an agent to find a warehouse property of approximately 50,000 square feet. |
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Beefeater also submits that no damages should be paid to the plaintiff for mental distress, or for punitive or aggravated damages. |
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Very rarely the plaintiff replied for a second time with a surrejoinder which in turn could be countered by a rebutter from the defendant. |
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A plaintiff need not take steps to recover compensation for his loss from parties who, in addition to the defendant, are liable to him. |
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The plaintiff has here unnaturally wrested the words beyond their natural import. |
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When the plaintiff initiates the action, the defendant named in the writ shall be summoned to answer at the next court of portmensmoot. |
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As a result, the defendants deny that the plaintiff is entitled to damages for wrongful dismissal. |
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Consequently, unless the plaintiff alienated his ownership, he has been the owner of the case since it came into being. |
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He recalls a conversation with him in May, 2001 relative to his concerns about providing for the plaintiff. |
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By cross-motion the plaintiff sought a declaration that the settlement and final release were void. |
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Only if that settlement and release is set aside would it be open to the plaintiff to re-litigate those issues. |
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It is an application for an equitable remedy to protect the plaintiff against the consequences of unconscionable conduct. |
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The plaintiff did not use the land and was unaware of the defendant's use of it. |
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The plaintiff son had been removed from his position as an employee, manager and officer of the family companies. |
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The plaintiff replevied the property in question under a bond for double the amount of the property's alleged value. |
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The plaintiff seeks restitution based on rescission of the contract as a result of the failure of the defendant to disclose. |
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The reasons submitted by the plaintiff for denying costs to the defendant are not based on any legal principle. |
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Where the plaintiff could reasonably avoid losses, the defendant is not liable for those losses. |
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The plaintiff, who was on the defendant's land as a licensee, was injured by the negligent shunting of railway trucks. |
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The plaintiff was legally entitled to register a lien for the proper amount. |
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The law of libel in England is based on whether the plaintiff has suffered hatred, ridicule or contempt. |
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No doubt he is right, although perhaps its value to the plaintiff is slightly more limited than Mr Short appeared to acknowledge. |
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The plaintiff began proceedings against the Chief Constable claiming damages for wrongful arrest and false imprisonment. |
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The plaintiff succeeded at trial, but the Court of Appeal ruled that the judge had erred in leaving the case to the jury. |
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Contrary to submissions made by the plaintiff, I rule that the defendants are parties to the action. |
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However, it can be inferred from the wording that he had access to both the hospital charts and the audiogram results of the plaintiff. |
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The plaintiff entered into a contract with the Postmaster General to drive a mail coach. |
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The plaintiff, who was on the defendants land as a licensee, was injured by the negligent shunting of railway trucks. |
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The dog savaged the plaintiff when she entered the yard at night with her boyfriend who worked there. |
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The privilege could nevertheless be defeated if actual malice was proved by the plaintiff. |
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Consequently it limited the damages in such cases unless the plaintiff proved actual malice. |
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The plaintiff claims that the lack of disclosure demonstrates maliciousness on the part of the investigative and prosecutorial defendants. |
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I find that there has not been any conduct on the part of the plaintiff that is scandalous, reprehensible or outrageous. |
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Because the plaintiff seeks a mandatory injunction, it must show its claim is almost certain to succeed. |
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The plaintiff owned a house next to a man-made lake on which the defendant conducted motor-boat races. |
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The issue in this case is the adequacy of the evidence tendered by the plaintiff. |
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The plaintiff, a part time business student, did a term paper in a course offered by the University of Ottawa and taught by Professor Lin. |
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The jury obviously took a scunner to the plaintiff and the plaintiff's case. |
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He is an officer and director of the bankrupt company which is noted as plaintiff in this action. |
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In the case at bar it was clear that the plaintiff, as a creditor, objected to the proposal and did not assent thereto. |
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The plaintiff was advised of the statutory bar to his claim by letter in October 2001, but proceeded anyway. |
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One reason is if the judge concludes, as a matter of law, that the defendant owed no duty to the plaintiff. |
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Moreover, that failure was the very breach of duty which the plaintiff alleges caused her injury. |
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A police inspector standing nearby saw what was happening but did not intervene to help the plaintiff restrain the prisoner. |
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Mr Justice Smyth said he felt the plaintiff was adopting a prudent and sensible approach to the matter and he would approve the settlement. |
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Following separation the plaintiff did not find it necessary to encroach upon her assets. |
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And there are mesne profits cases in which the plaintiff has suffered a small loss but the defendant has made a larger gain. |
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The defendant was to be the settlor of the trust, and the plaintiff would be the trustee. |
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As the action is presently constituted, the plaintiff has sued two tortfeasors who are Ontario residents as well as two who are not. |
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Was plaintiff the owner or co-owner of information that qualified as a trade secret? |
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The plaintiff was a 13-year-old child who had been employed by a milkman to help deliver milk from a van. |
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Special bailiffs are officers appointed by the sheriff at the request of a plaintiff for the purpose of executing a particular process. |
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There is nothing upon the face of this agreement distinctly shewing that the plaintiff was contracting as agent for others. |
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The plaintiff attributes its execution of the deeds to the alleged misrepresentations. |
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At that point, the plaintiff moved that I declare a mistrial based on a reasonable apprehension that I am biased in favour of the defendant. |
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In an action for trover, the company would be the proper plaintiff, would it not? |
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The claim arises out of the injuries suffered by the plaintiff as a result of a slip and fall. |
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The failure of a plaintiff to offer an undertaking as to damages is sometimes treated as a bar to the grant of interlocutory relief simpliciter. |
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I do not see how the plaintiff will be harmed by alleging now the facts on which he ultimately intends to rely. |
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The plaintiff still holds all the shares as his own absolutely unencumbered property. |
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In this case, the defendant, a dyer, had given a bond to the plaintiff not to exercise his trade in the same town for six months. |
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By 1994, the plaintiff and his wife had become extremely successful art dealers and booksellers. |
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He cited an unproven allegation of fraud and the conduct of the plaintiff in support of this request. |
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The catalogue described the heifer as unserved and the plaintiff required an unserved heifer for service by his bull. |
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Amy may argue by analogy with this reasoning that the plaintiff council will have to prove she was negligent. |
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The employer negligently directed the plaintiff to unload the vehicle manually when it was obviously dangerous for him to do so. |
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Counsel for the plaintiff shall make brief written submissions in reply and on costs within 10 days after that. |
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In essence the plaintiff was claiming that he would not have acted as he did, had he not had a valid contract. |
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When the relationship went sour, the plaintiff asked for her fair share of the assets based on restitution and marriage. |
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The plaintiff was the wife of one of three nightwatchmen who had gone to the defendant's hospital after drinking some tea and becoming ill. |
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The plaintiff was a man with a history of mental disorder and seriously violent behaviour. |
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Especially in cases of free speech, shouldn't the burden be on the plaintiff to prove infringement? |
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The defendant says such damage does not give rise to a compensable loss of the plaintiff in this action. |
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The plaintiff retains the burden of proof, but the jury is instructed that acceptable proof to satisfy that burden can take one of several forms. |
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It was his view that the plaintiff had to arrange to have the encumbrancers' interests removed from title. |
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Congress has passed statutes making a defendant pay the fee of a plaintiff's lawyer if the plaintiff prevails in the case. |
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In fact, the defendants never gave the plaintiff any written offer of employment. |
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Although he attempted to steer the horses back on course, he could not prevent them from running into the plaintiff and injuring her. |
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The plaintiff must suffer actual harm and prove the harm was caused by the nurse's negligent acts or omissions. |
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The plaintiff also supplied some equipment, such as a forklift and a cement mixer, and consumables, such as fuel. |
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There is no challenge to this as an accurate record of the way in which the plaintiff mounted the claim for damages. |
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It was his opinion that the injury was not such as would cause the plaintiff to lose the nail. |
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If the plaintiff is sui juris, there appears to be no reason for a prepartition severance proceeding. |
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If a plaintiff wins his suit in public nuisance, he can receive both money damages and injunctive relief. |
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Contract law principles may require such interest to be compounded so as to award the plaintiff the benefit of the bargain. |
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The plaintiff moves on a summons dated 20 July 2005 seeking an order that that application be removed into the Full Court of the High Court. |
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With due respect, the plaintiff has no sustainable legal argument to counter that submission. |
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The circuit court judge who heard the case at trial directed the jury to find for the plaintiff. |
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The plaintiff in this case had reflex sympathetic dystrophy in his left arm caused by a work-related accident. |
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The plaintiff claimed that there is evidence to show what her current needs are. |
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The plaintiff accidentally struck a water hydrant whilst manoeuvring his vehicle, causing water to flow out. |
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Finally, both Council and the plaintiff point to those provisions which would require payment of interest on judgment debts at a penal rate. |
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Neither plaintiff can articulate any coherent argument, and the case ought to have been tossed out in an instant. |
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The plaintiff seems to have a bona fide cause of action and she should not be deprived of it because of her impecuniosity. |
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In malicious falsehood, the plaintiff has to prove that the statement is false. |
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The plaintiff does not submit that the conduct is impugnable otherwise than under the Ontario Human Rights Act. |
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This exercise could no doubt produce different answers but, for my own part, I come down decisively on the side of the plaintiff. |
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A plaintiff has no contractual right to recover loss from third parties and so might require the indemnifier to make good any such loss. |
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The defendant brought a motion to compel the attendance of the plaintiff at an examination for discovery. |
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Is it as broad then, do you say, as any deleterious consequence to a plaintiff, compensable by a monetary award? |
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In August 2003, the plaintiff made a written complaint to the Police Services Board. |
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At the outset of his investigation he was made aware of a previous complaint about the plaintiff which did not result in any charges being laid. |
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The 18-year-old plaintiff was severely injured when the motorcycle on which he was a pillion passenger collided with another vehicle. |
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Another professor, with whom the plaintiff had been feuding, allegedly tore down the notices. |
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However, the consequences of choosing the cheaper route cannot be to deprive an innocent plaintiff of the ability to prove its case. |
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The innocent plaintiff is generally entitled to recover either expectation damages or reliance damages, but not both. |
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The court found that the repudiation by the owners was wrongful and that the plaintiff was the innocent party. |
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The second step taken by the plaintiff was to commence a separate action against Mr. Tanev and his confederates in the cheque-kiting scheme. |
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A plaintiff in such an action proved his case by putting in the judgment against the insured, the insurance policy and proof of non-payment. |
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Accordingly, the court finds that the defendant owes the full amount to the plaintiff. |
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Shortly thereafter, plaintiff brought this action in replevin to recover the dog. |
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The plaintiff then amended his complaint to add a claim for relief from the Illinois judgment on the ground that it had been obtained by fraudulently overreaching him. |
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However, I cannot conclude that the plaintiff took any appropriate measures to preserve her personalty once it was known to her that water seepage was occurring. |
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The plaintiff voluntarily seeks redress from these defendants. |
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Incidents like this may serve as red flags to plaintiff lawyers. |
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I would ask the Court to note that the plaintiff is an infant. |
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Opening for the plaintiff, Paul Gallagher SC not only outlined the evidence he proposes to bring forward but also attempted an advance rebuttal of the defence case. |
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The defendants allege deficiencies in the plaintiff's work, and non-performance of one item, and claim a set-off against any amount found due to the plaintiff. |
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Counsel for the plaintiff conceded that a special award claim under the insurance legislation is different from a claim for punitive and aggravated damages. |
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It can fairly be said that those calls reveal that before the first margin call was made the plaintiff did not understand the risks of a margin account. |
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If the plaintiff has a strong and apparently meritorious claim the court is reluctant to make an order which may have the effect of shutting the plaintiff out. |
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The trial master held that the plaintiff could not recover anything. |
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Such cases do, however, present quite serious factual difficulties and the law has been concerned to ensure that a meritorious plaintiff does not fail for want of proof. |
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The plaintiff claims damages including damages for loss of remuneration, damages for mental distress and exemplary, aggravated and punitive damages. |
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The plaintiff was the widow of a man killed in a criminal affray. |
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The plaintiff has recently been called to the bar in Ontario. |
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It is not disputed that the onus is on the plaintiff to prove disability, while the onus is on the defendant to prove that dismissal was justified. |
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Many a writ in rem has been issued in the hope or expectation that the ship against which the plaintiff has brought his action will come within the jurisdiction. |
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One key argument made by the plaintiff was that current limits on contributions represent an absurd limitation on speech. |
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The question that I have to decide is whether there is a triable issue and whether the facts alleged by the plaintiff are sufficient to justify the case proceeding further. |
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On the one hand, it is not clear why a jury should care how much charity a wrongdoer gives to third parties after the wrongdoer causes an injury to the plaintiff. |
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She said she passed the plaintiff standing with his bike in the bike lane. |
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Ultimately, under the Court's decision, a successful plaintiff will have to prove she was singled out for disadvantageous treatment in the workplace. |
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It is natural that you should look at this from the point of view of a plaintiff, but spare a moment's thought from the point of view of a defendant. |
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I think it reasonable to infer that the standard of living enjoyed by the plaintiff prior to separation was in part dependent on the greater income produced by the defendant. |
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A federal judge lifted the gag order and rejected the government's argument that identifying the plaintiff would pose a threat to national security. |
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Recovery in tort is dependent on the plaintiff establishing injury and loss resulting from an act of misfeasance or nonfeasance on the part of the defendant, the tortfeasor. |
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I should add that had I not found in favour of the plaintiff I would have still dismissed the counterclaim on the basis the defendant had failed to prove its damages. |
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The tortfeasor, the plaintiff or the secondary and primary victim, as I understood his Honour, spatial or temporal concerns or the question of normal fortitude. |
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The law with respect to the services of a third party who provides voluntary care for a tortiously injured plaintiff has developed somewhat erratically in England. |
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In order to get outside of these limits, counsel for the plaintiff had to establish vicarious liability upon the owner and driver of the tractor trailer. |
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A plaintiff who does not receive resolution must take the case to the UN Security Council. |
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This logic also suggests that a plaintiff should be barred from her suit based upon untimely acts that did occur after the harassment became pervasive. |
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The court noted that one defense psychiatrist had testified that the plaintiff was overly sensitive and may have overreacted to events on the job. |
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The court concludes the defendant breached the contract with the plaintiff by using inappropriate materials and installing the posts and rails in an unworkmanlike manner. |
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The Court was clearly concerned that the fact that the plaintiff was a burglar should not mean that he effectively became an outlaw, beyond the protection of the civil law. |
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Unlawful interference with economic interests will arise in situations in which a defendant commits an actionable wrong with the intention of harming the plaintiff. |
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The award should make the plaintiff whole, sufficient to put the plaintiff back in the position he or she was before Defendant's negligent act. |
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Secondly, the Court is not concerned with how the plaintiff uses the award of damages. |
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A plaintiff who makes a negligence claim must prove all four elements of negligence in order to win his or her case. |
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This document states the actions that the plaintiff intends to take and also the factual and reasonable basis for the actions. |
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The defendant may also assert counterclaims for damages or equitable relief against the plaintiff. |
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The plaintiff in this example would then receive some amount of time to make a reply to this counterclaim. |
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The plaintiff might then reply, and the defendant rejoin, and so on until the pleaders had exhausted themselves. |
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In Chancery cases the order usually made is that the plaintiff deliver his. |
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An action may be voluntarily dismissed at any time by the plaintiff prior to the defendant's filing of an Answer or Motion for Summary Judgment. |
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An action may also be involuntarily dismissed by the court if the plaintiff fails to comply with deadlines or court orders. |
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When the moving party is the plaintiff, then it has to show that there's no way that a jury could find against it. |
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Under the new procedure, rather than having to file separate actions, a plaintiff needed to file only one civil action. |
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The contributory negligence defense can potentially eliminate the defendant's responsibility to pay damages to an injured plaintiff. |
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In others, the burden of proof is on a plaintiff to disprove his or her own negligence. |
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We're struggling,'' said Turowski, now a plaintiff challenging alleged wage violations and the noncompete agreement. |
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A landlord recouped the rent of premises from damages awarded to the plaintiff for eviction. |
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Not only that, but Advocat officials say the Tennessee nursing home operator was never supposed to be a plaintiff. |
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The number of persons composing the class must be so numerous that joinder of each individual plaintiff would be impracticable. |
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And private attorneys general who are seeking constructive trusts and corrective advertising are trusts plaintiff. |
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However, courts have recently allowed recovery for a plaintiff to recover for purely emotional distress under certain circumstances. |
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The cross-examination of the plaintiff was just insult to injury, blaming the victim. |
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The subpoena required that the company document their communication with the plaintiff. |
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In this case, therefore, I conceive the plaintiff must be nonsuited and I should disadvise the bringing any such action. |
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Rei vindicatio is a legal action by which the plaintiff demands that the defendant return a thing that belongs to the plaintiff. |
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It may only be used when plaintiff owns the thing, and the defendant is somehow impeding the plaintiff's possession of the thing. |
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The production of bail in court, who there justify themselves against the exception of the plaintiff. |
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Once a case is decided, the same plaintiff cannot sue the same defendant again on any claim arising out of the same facts. |
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For example, in a case of an auto accident, the plaintiff cannot sue first for property damage, and then personal injury in a separate case. |
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The Crown can also be a plaintiff or defendant in civil actions to which the government of the Commonwealth realm in question is a party. |
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In addition, he ruled that the strike in the plaintiff union had been called in contravention of its own rules. |
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If a Southerner is slain or an Englishman, he shall pay four marks to the plaintiff and two marks to the king. |
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It is most likely that if the offender did not submit willingly to settle the dispute in court, he could be distrained by the plaintiff. |
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The contract between the plaintiff and the defendant required the plaintiff to sell and deliver to the defendant a nonintoxicating beverage. |
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Initially for common law, recourse to the King's courts was unusual, and something for which a plaintiff would have to pay. |
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The plaintiff would purchase a writ in the Chancery, the head of which was the Lord Chancellor. |
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The question of whether a case should be determined by a jury depends largely on the type of relief the plaintiff requests. |
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Once that threshold is met, the plaintiff is entitled to some amount of recovery for that loss or injury. |
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Special damages compensate the claimant for the quantifiable monetary losses suffered by the plaintiff. |
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Speculative damages are damages that have not yet occurred, but the plaintiff expects them to. |
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Typically, these damages cannot be recovered unless the plaintiff can prove that they are reasonably likely to occur. |
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Statutory damages are an amount stipulated within the statute rather than calculated based on the degree of harm to the plaintiff. |
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The plaintiff thereby gains damages which are not measured by reference to any loss sustained. |
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The legal fiction used was that by failing to pay after promising to do so, a defendant had committed deceit, and was liable to the plaintiff. |
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If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment. |
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The defendant denied liability because the plaintiff had purchased the automobile from a dealer, not directly from the defendant. |
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Compensatory damages compensate the plaintiff for actual losses suffered as accurately as possible. |
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Reed the English Court of Appeal awarded the plaintiff expenditures incurred prior to the contract in preparation of performance. |
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Sometimes a plaintiff may prevail in a tort case even if the person who allegedly caused harm was acquitted in an earlier criminal trial. |
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To pursue a cause of action, a plaintiff pleads or alleges facts in a complaint, the pleading that initiates a lawsuit. |
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The plaintiff, Palsgraf, was hit by scales that fell on her as she waited on a train platform. |
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This should not be mistaken with the requirements that a plaintiff prove harm to recover. |
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Negligence is different in that the plaintiff must prove his loss, and a particular kind of loss, to recover. |
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A plaintiff who is physically injured by allegedly negligent conduct may show that he had to pay a medical bill. |
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That is, the plaintiff could recover for emotional distress caused by injury, but only if it accompanied a physical or pecuniary injury. |
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In an alienation of affections claim, a plaintiff can recover from a third party who has deprived her of the affection of her spouse. |
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Post-delivery, the injured plaintiff was unable to move her left side and she was found to have suffered a cerebrovascular accident. |
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Special damages are those particular to a given plaintiff and not expected to occur regularly to other plaintiffs in like circumstances. |
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On June 15, 2005, the trial court granted the motion and granted the plaintiff leave to replead. |
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Nevertheless, at least one court has sustained interpleaders on the basis that the interpleading plaintiff has received a restraining notice. |
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The case simply featured a traffic accident between the plaintiff and defendant, in which both of them were found to have been driving negligently. |
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In order to raise the presumption of undue influence, a plaintiff must show a confidential relationship between the donor and the donee and active procurement of the gift. |
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Instead, the plaintiff would set out his 'special case' in an extra clause, specifying the damage sustained which justified the bringing of an action. |
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In Cornfeld, the plaintiff was a Luxembourg trust fund holding a portfolio of securities investments in which several thousand fundholders participated. |
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If the Court grants that relief, the plaintiff will then seek a preliminary injunction to maintain the current state of affairs until a trial can take place. |
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In notice pleading, the same plaintiff bringing suit would not face dismissal for lack of the exact legal term, as long as the claim itself was legally actionable. |
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For example, a plaintiff bringing a trespass suit would have to mention certain key words in his complaint or risk having it dismissed with prejudice. |
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Edward proceeded to reverse the rulings of the Scottish Lords and even summoned King John Balliol to stand before the English court as a common plaintiff. |
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The effect of the rule is that the plaintiff cannot deliver his statement of claim, or take any step in the action without the leave of the judge. |
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If the plaintiff has no legal cause of action, the suit necessarily fails. |
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The plaintiff in this case must satisfy the judge that she has visible means, the mere bald statement that she has visible means is not suflicient. |
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In a normal case, the plaintiff delivered his statement of claim, in which he was to set forth concisely the facts on which he relied, and the relief which he asked. |
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The plaintiff need not allege or prove proximate cause, which would indicate that the result of the defendant's actions was reasonably foreseeable. |
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If all assets are located elsewhere, the plaintiff must file another suit in the appropriate court to seek enforcement of the other court's previous judgment. |
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When a final judgment is entered, the plaintiff is usually barred under the doctrine of res judicata from relitigating any of the issues, even under different legal theories. |
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Anything more would unlawfully permit a plaintiff to profit from the tort. |
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The majority determined that the definition of negligence can be divided into four component parts that the plaintiff must prove to establish negligence. |
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Reliance damages are usually awarded where no reasonably reliable estimate of expectation loss can be arrived at or at the option of the plaintiff. |
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For example, a few jurisdictions allow actions for negligent infliction of emotional distress even in the absence of physical injury to the plaintiff, but most do not. |
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As the plaintiff was not in a contract with the defendant the court ruled in favour of the defendant on the basis of the doctrine of privity of contract. |
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Special damages basically include compensatory damages for the injury or harm to the plaintiff that result from the tort committed by the defendant. |
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But if a tort is intentionally committed or a contract is intentionally breached, such intent may increase the scope of liability and the damages payable to the plaintiff. |
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An action for debt ordered that a specific sum of money be returned to the plaintiff, while an action for detinue ordered the defendant to surrender certain chattels. |
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Where a plaintiff wished to have a case heard by a local court, or by an Eyre if one happened to be visiting the County, there would be no need to obtain a writ. |
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The plaintiff must take that remedy, if he chooses it, at Law. |
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The plaintiff alleges that he was unlawfully detained at the airport by state troopers and threatened with arrest unless he produced identification and his travel documents. |
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Erie began as a simple personal injury case when the plaintiff filed his complaint in diversity in the United States District Court for the Southern District of New York. |
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In some jurisdictions, in order to successfully raise an contributory negligence defense, the defendant must prove the negligence of a plaintiff or claimant. |
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It is a modification of the doctrine of contributory negligence that disallows any recovery by a plaintiff whose negligence contributed even minimally to causing the damages. |
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Coushatta is located in a Louisiana parish where there had not been a plaintiff's personal injury verdict in over 50 years and no verdicts ever in favor of a black plaintiff. |
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