CASE, remedies. This is the name of an action in very general use, which lies where a party sues for damages for any wrong or cause of complaint to which covenant or trespass will not lie. Steph. Pl. 153 Wodd. 167 Ham. N. P. 1. Vide Writ of trespass on the case. In its most comprehensive signification, case includes assumpsit as well as an action in form ex delicto; but when simply mentioned, it is usually understood to mean an action in form ex delicto. 7 T. R. 36. It is a liberal action; Burr, 906, 1011 1 Bl. Rep. 199; bailable at common law. 2 Barr 927-8; founded on the justice and conscience of the Tiff's case, and is in the nature of a bill in equity 3 Burr, 1353, 1357 and the substance of a count in case is the damage assigned. 1 Bl. Rep. 200.
2. An action on the case lies to recover damages for torts not committed with force actual or implied, or having been occasioned by force, where the matter affected was not tangible, or where the injury was not immediate but consequential; 11 Mass. 59, 137 1 Yeates, 586; 6 S. & R. 348; 12 S. & R. 210; 18 John. 257 19 John. 381; 6 Call, 44; 2 Dana, 378 1 Marsh. 194; 2 H. & M. 423; Harper, 113; Coxe, 339; or where the interest in the property was only in reversion. 8 Pick. 235; 7 Conn. 3282 Green, 8 1 John. 511; 3 Hawks, 2462 Murph. 61; 2 N. H. Rep. 430. In these several cases trespass cannot be sustained. 4 T. 11. 489 7 T. R. 9. Case is also the proper remedy for a wrongful act done under legal process regularly issuing from a court of competent jurisdiction. 2 Conn. 700 11 Mass. 500 6 Greenl. 421; 1 Bailey, 441, 457; 9 Conn. 141; 2 Litt. 234; 3 Conn. 5373 Gill & John. 377. Vide Regular and irregular process.
3. It will be proper to consider, 1. in what cases the action of trespass on the case lies; 2. the pleadings 3. the evidence; 4. the judgment.
4.-1. This action lies for injuries, 1. to the absolute rights of persons 2. to the relative rights of persons; 3. to personal property; 4. to real property.
5.-1. When the injury has been done to the absolute rights of persons by an act not immediate but consequential, as in the case of special damages arising from a public nuisance Willes, 71 to 74 or where an incumbrance had been placed in a public street, and the plaintiff passing there received an injury; or for a malicious prosecution. See malicious prosecution.
6.-2. For injuries to the relative rights, as for enticing away an infant child, per quod servitium amisit, 4 Litt. 25; for criminal conversation, seducing or harboring wives; debauching daughters, but in this case the daughter must live with her father as his servant, see Seduction; or enticing away or harboring apprentices or servants. 1 Chit. Pl. 137 2 Chit. Plead. 313, 319. When the seduction takes place in the husband's or father's house, he may, at his election, have trespass or case; 6 Munf. 587; Gilmer, but when the injury is done in the house of another, case is the proper remedy. 5 Greenl. 546.
7.-3. When the injury to personal property is without force and. not immediate, but consequential, or when the plaintiff Is right to it is in reversion, as, where property is injured by a third person while in the hands of a hirer; 3 Camp. 187; 2 Murph. 62; 3 Hawks, 246, case is the proper remedy. 8 East, 693; Ld. Raym. 1399; Str. 634; 1 Chit. Pl. 138.
8.-4. When the real property which has been injured is corporeal, and the injury is not immediate but consequential, as for example, putting a spout so near the plaintiff's land that the water runs upon it; 1 Chit. Pl. 126, 141; Str. 634; or where the plaintiff's property is only in reversion. When the injury has been done to, incorporeal rights, as for obstructing a private way, or disturbing a party in the use of a pew, or for injury to a franchise, as a ferry, and the like, case is the proper remedy. l Chit. Pl. 143.
9.-2. The declaration in case, technically so called, differs from a declaration in trespass, chiefly in this, that in case, it must not, in general, state the injury to have been committed vi et armis; 3 Conn. 64; see 2 Ham. 169; 11 Mass. 57; Coxe, 339; yet after verdict, the words "with force and arms" will, be rejected as surplusage; Harp. 122; and it ought not to conclude contra pacem. Com. Dig. Action on the Case, C 3. The plea is usually the general issue, not guilty.
10.-3. Any matter may, in general, be given in evidence, under the plea of not guilty, except the statute of limitations. In cases of slander and a few other instances, however, this cannot be done. 1 Saund. 130, n. 1; Wilies, 20. When the plaintiff declares in case, with averments appropriate to that form of action and the evidence shows that the injury was trespass; or when he declares in trespass, and the evidence proves an injury for which case will lie, and not trespass, the defendant should be acquitted by the jury, or the plaintiff should be nonsuited. 5 Mass. 560; 16 Mass. 451; Coxe, 339; 3 John. 468.
11.-4. The judgment is, that the plaintiff recover a sum of money, ascertained by a jury, for his damages sustained by the committing of the grievances complained of in the declaration, and costs.
12. In the civil law, an action was given in all cases of nominate contracts, which was always of the same name. But in innominate contracts, which had always the same consideration, but not the same name, there could be no action of the same denomination, but an action which arose from the fact, in factum, or an action with a form which arose from the particular circumstance, praescriptis verbis actio. Lec. Elem. Sec. 779. Vide, generally, Bouv. Inst. Index, h.t.
CASE, STATED, practice. An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned, 3 Whart. 143.
2. The facts being thus ascertained, it is left for the court to decide for which party is the law. As no writ of error lies on a judgment rendered on a case stated, Dane's Ab. c. 137, art. 4, n. Sec. 7, it is usual in the agreement to insert a clause that the case stated shall be considered in the nature of special verdict.
3. In that case, a writ of error lies on the judgment which may be rendered upon it. And a writ of error will also lie on a judgment on a case stated, when the parties have agreed to it. 8 Serg. & Rawle, 529.
4. In another sense, by a case stated is understood a statement of all the facts of a case, together with the names of the witnesses, and, a detail of the documents which are to support them. In other words, it is a brief. (q.v.)
Case study assignments are a detailed investigation done on specific individuals or organizations using disciplinary knowledge of a particular subject. Marketing, nursing and case study assignments are the most common case study writing tasks encountered by students. For a law student, writing a company Law case study assignment is like the firsthand account of a real legal dispute that needs legal attention. This type of company law case study and answers help law students for legal services later. There are some tips given below to help students with company law case study assignments.
Questions Related to Company Law Case Study and Answers
It has been a general consciousness among career counselors that all the legal practice areas are not equally worthwhile. It has been found that some areas of legal practices are vulnerable to economic fluctuations. legislationIt has been found that intellectual property law, business laws, and environmental laws are the most preferred areas of law students.
Company law case study assignments mainly help to govern the areas such as sales, commercials, transactions, bankruptcies, mortgages and contracts. It also involves dispute between two legal entities related to such issues. In company lawcase study assignments, a student of law schools is given such situations of a dispute to come up with the possible legal situations. Such legal cases studies are exciting and at the same time challenging for most of the law students.
Areas of Company Law Case Study Assignments
There is various areas of company law case study like banking laws, bankruptcy laws, consumer credit laws, contract laws, mortgages and sale laws.
Banks are the economic institutions that are regulated by the legal status. Banking laws have to operate both at the state level and federal level. It helps to control insurance amount for deposits, interest rates, negotiable instruments.
This law provides reduction or elimination of dischargeable debts. It also can provide a timeline for the repayment of some non-dischargeable debts.
A dispute that occurs between credit card companies and consumers are dealt under such laws.
Contract law is the legal agreement between two persons that create certain obligations that are enforceable by law. It is quite common to find out a dispute from the breach of contract.
Mortgage includes the transfer of a landed property as the security for loans taken by banks or any other financial organization.
Sale laws help to govern the leasing of goods and transactions for the sale. It has been found that most of the disputes are related to the terms of sale agreement.
Tips for Company Law Case Study Assignments
Company law case study assignments provide a fictional dispute between two organizations. A law student needs to place that dispute in a particular legal context. Law students need to find legal precedents to that event and need to provide different legal options in accordance with the legal structure of the organization. Some crucial tips are given by our experienced company law case study writers that help a student effectively to develop their company law case study assignments.
Analyze the dispute with care
In order to develop company law case study assignments effectively, students need to understand that each dispute of a company will involve a specific law like civil, administrative, business and criminal law. Students need to understand that analyzing the dispute of an organization will help them to locate legal domain of the case.
Analyze the legal domain
The law is a vast area that involves various specialized field. It is the first and foremost task of a law student to locate the legal domain of the case. Selecting the legal domain in an appropriate manner will help the student to recognize the laws that will be applicable in a particular company law case study assignment. If you still have a problem with your assignment, you can take help from the company law case study assignment service provided by MyAssignmenthelp.com.
Identify the precedents
In the case of company law case study assignment, legal precedents are the court ruling of previous cases that are preserved by the court law. These types of rulings can be as examples of similar types of the case later. Writers can take benefits and develop their assignments effectively if legal precedents are readily available.
Provide a legal solution
It can be recognized as the most challenging area for a law writer while developing company law case study assignments. There are various ways to provide to legal solutions such as arbitration, out of court settlement, negotiation, and litigation.
If you require assistance, then you can take help from the online company law case study service of MyAssignmenthelp.com. There are examples have been given below for company law case studies along with solutions.
Company law case studies examples
Mr. A has developed a shopping mall in Sydney at the request of Mr. B, who is a municipal corporater. Mr. C has developed an agreement to pay AUD 2, 50,000. Mr. A accepted the agreement of Mr. C. Is it an agreement or a contract? Give justification of your answer.
This given case scenario is under the consideration. That means the promises executes the work at the desire or under the promisor’s direction. In this case, Mr. A has developed a shopping mall in Sydney in accordance with the request of Mr. B, who is a municipal corporater. An agreement has been made by Mr. C to pay AUD 2, 50,000 and Mr. A has accepted the proposal of Mr. C.
In this case, Mr. Morgan has developed a market under the direction of the municipal corporate. The market was allotted to various individuals; Mr. Chapel was one of them. Mr. Chapel has made an agreement that he will pay commission to Mr. Morgan for the land allotment in the market. However, after this agreement Mr. Chapel was not able to pay money to Mr. Morgan. For this reason, Mr. Morgan filed a case against Mr. Chapel.
It has been found from the case study that, Mr. A had developed a shopping mall in Sydney due to the request of corporate C. Mr. C agreed to pay AUD 2, 50,000 to A. In the above case C is stranger between A and B. Hence; there is no valid consideration between A and C. Therefore, it can be stated that there is no valid lawful consideration.
Mr. Wayne has recently returned a leased vehicle (car) to GM. However, they have charged him for not returning the manual and the service history of the car. Mr. Wayne is not willing to provide anything back to the company, as Mr. Wayne claims that he has not received any manual and the service history of the car from its supplier (the person who gives the car lease). Provide legal advice to Mr. Wayne.
There is a dispute between Mr. Wayne and the GM, for not gratifying the legal obligations under the lease agreement between the two parties.
- In the lease agreement between Mr. Wayne and GM, the former is responsible for paying for any damage or loss caused done to the company property.
- However, Mr. Wayne has claimed that he had not violated any law, as he did not receive any manual or service history from the supplier. Mr. Wayne has a written evidence of them.
- Under the consumer law, Mr. Wayne has the right to protect his consumer interests.
- Wayne should write a letter to the GM and state that he is not able to submit any service history or car manual since he has not received car manual or service history from the suppliers. He also needs to mention that he has written evidence for that.
- Wayne must have to write a letter to the supplier and state that if the case goes up to the court of law, then he is under law to involve the supplier as the primary party responsible for the dispute.
A smartphone company ABC has asked a software company XYZ to develop software for them. XYZ Company has provided a total estimate of AUD 20,000 for total work of 30 days.Both the companies agreed that ABC would provide 20% of the total payment to XYZ before starting of the work,50% after the initial stage and 30% after completion.
After ten days of work, XYZ has written a letter to ABC that the project will require more time as the head software developer has left the organization. After 15 days of work, XYZ has given another letter to ABC and mentioned that they would only provide the source code, and they would provide an assistant developer to complete the rest of the work.
ABC vs. XYZ due to an alleged breach of contract
In the opinion of XYZ, there is a breach of contract. However, in accordance to ABC, the software company was not able to deliver the order within 30 days, as it is promised.
XYZ should give back all the money to ABC. Otherwise, ABC can sue XYZ.
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