...up the next day, the engine caught fire because of your failure to properly tighten the fuel line to the fuel injector. Fortunately, I was able to douse the fire without injury to myself. As a direct result of the fire, I paid the ABC Garage $781 for necessary repair work. I enclose a copy of their invoice. In addition, as a direct result of the fire, I was without the use of my car for three days and had to rent a car to get to work. I enclose a copy of an invoice for the rental cost of $345. In a recent phone conversation, you claimed that the fire wasn't the result of your negligence and would have happened anyway. You also claimed that, even if it was your fault, I should have brought my car back to your garage so you could have fixed it at a lower cost. As to the first issue, Peter Klein of the ABC Garage is prepared to testify in court that the fire occurred because the fuel line was not properly connected to the fuel injector. Second, I had no obligation to return the car to you for further repair. I had the damage you caused repaired at a commercially reasonable price and am prepared to prove this with several higher estimates by other garages. Please send me a check or money order for $1126 on or before July 15. If I don't receive payment by that date, I'll promptly file this case in small claims court. You may reach me during the day at 210-555-2857 or in the evenings until 9 p.m. at 210-555-8967. Sincerely, james daniel...
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...STATES V. CURLIN Citation U.S. App. LEXIS 8426 (7th Cir. 2011 Unpub.) UNITED STATES of America, Appellee, V. Marcus CURLIN, Appellant No. 10-3033 History Marcus CURLIN was ordered by the Small Claims Court judge to vacate the property due to failure to pay rent. At the time of the eviction the deputies observed firearms in the house and Curlin was charged with possession of firearms due to earlier felony convictions which bar him from owning firearms. The defendant attempted to suppress the evidence on the plain-view doctrine and the violation of privacy, under the 4th Amendment to the Constitution, as the deputies entered his premises without a search warrant. The Seventh Circuit Court affirmed the decision of the trial court by denying the motion to suppress. Facts On October 17th, 2008, Curlin’s landlord filed a small claim action against Curlin, seeking possession of Curlin’s leased residence for failure to pay rent. The Notice of the Claim for possession of Real Estate and Summons were served on Curlin by mail and by delivery to his residence, however Curlin failed to appear before the Court as ordered. Due to Curlin’s failure to appear, he was the served with a second notice to appear before Court on the next date but he again failed to appear. Small claim court entered a judgment in favor of landlord. The clerk of the court based on the order issued an eviction order, ordering Curlin to vacate the property on or before 6:00 p.m. on Nov. 17, 2008. The...
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...a message to Billie Trickey via facebook as she has ignored my verbal conversations with her, and in the message it said Billie I don’t mean to sound like a bitch but I need the money you owe me, I am trying to go to my son’s graduation and I need that money, it has been six months since you borrowed it and you have made no effort to pay it and I need it. You come in to work talking about the new things you have been getting and the things you are doing and I am sick of hearing it when you owe me money. If you do not make effort to pay me, I will have to take it to small claims court. I wrote it to her with a witness sitting next to me seeing what I wrote, I can not be precise in what I said I did not think I had to save a private message I wrote to her , in hopes of collecting the money she had owed me for 6 months. I was not threatening in any way other than to say that I would file a claim in small claims court. I also had been having a very bad week , about a month ago, and posted on my wall on facebook that people owed me money, and I got in a car accident, and I had a broken finger, etc. no names were mentioned and that was the extent of my comment. I then came in the next day and was talking to another coworker, ten feet from where Billie was sitting, and telling her how I posted that and that I had called the person I was talking about and had a conversation with him about how I needed the money he owed me, that I was a nice enough person to help him out and he...
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...I am writing this paper so that I can learn about the process for filing a small claims lawsuit in Santa Clara County. According to the Santa Clara County Superior Court of California website, small claim courts are courts in which plaintiffs can resolve their disputes in the quickest, easiest, and cheapest ways. Small claim courts also have procedures which are straight-forward as well as an informal hearing as part of their process. The form which the plaintiff obtains to file a small claims court against another person, also known as the defendant, is on the website for the California Judicial Branch. When you go to that website, you go to the “Forms and Rules” tab and click on the link for the “Browse All Forms” page. There, you go to the...
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...1. The small claims court I researched is Madison County, Alabama. http://www.madisoncountycircuitclerk.org/smallclaims.htm 2. There are different charges depending on the dollar amount of the claim. Below is the fee schedule: Small Claims (under $1,500.00) $63.00 Small Claims (under $1,500.00 if defendant is to be served by the Madison County Sheriff) $83.00 Small Claims (from $1,501.00 to $3,000.00 $141.00 Small Claims (from $1,501.00 to $3,000.00 if defendant is to be served by the Madison County Sheriff) $161.00 Additional Defendant $10.00 (add an additional $20.00 for each person to be served by the Madison County Sheriff - along with the $10.00) Additional Plaintiff Small Claims and District Civil $50.00 (Max. $500.00) 3. The maximum dollar amount allowed in a small claims case in my state is $3,000.00. 4. Individuals can represent themselves with or without an attorney. 5. The following information is required to be included: plaintiff name, defendant name, plaintiff and defendant’s home address, plaintiff’s attorney, additional defendant’s and addresses, complaint information (sum of small claim being file and reason small claim is being filed.) and the date of the filing. 6. I learned the fee schedule for filing a claim in the small claims court as well as the maximum dollar amount allowed in a small claims case. You do not have to have an attorney. I thought you would have to...
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... track system, small claims court, county court and time limits- stating the strengths and weaknesses of each. The remedies available, protect the consumers quite well in the event of breach of contract as the injured party is able to claim for damages and gain some form of compensation for the loss of the contract; this is an advantage of a remedy, it makes sure that the injured party does not lose out, however not all remedies are designed to protect the customers; Mitigation of loss protects the business by stating that the customer has to inform the company about any damage or defect as soon as possible and not let the situation get worse, as the business would then have to pay a lot of money for something that was a customer’s fault for not notifying the business on time. Rejection is yet another remedy that protects the consumers by giving them the right to reject the entire contract if the business fails to deliver their product or service on time. This is very beneficial for the customer as they might need the product/service at a certain time and not any later, therefore they are not obliged to accept it. An injunction is an order by court which protects the consumers and requires the party at fault to stick to the contract; injunctions enforce promises that have been agreed upon at the beginning of the contract, this is highly beneficial for the consumer because if the business fails to stick to the contract, the customer is entitled to claim damages. Specific...
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...there is a propensity for anyone who has suffered a personal injury to seek punitive damages through litigation from someone connected to the injury, whether or not anyone was actually at fault, thus implying unreasonable willingness to seek legal redress when things go wrong. Commentators such as Morris, Robins and Williams have debated the existence of a compensation culture yet, in 2005, the House of Commons Constitutional Affairs Committee created a new session to investigate whether this compensation culture truly exists.bThe third report of this session is particularly illustrative, unequivocally stating that such a culture does not existband its existence is not a possibility in the near future.bThis report followed a publication by the Better Regulation Task Force (BRTF), which concluded that there is not a compensation culture, but that action was required to counter the popular perception that there is. Evidence from the Compensation Recovery Unit (CRU) supports this view as shown below. The CRU holds the most comprehensive and reliable data on the number of current personal injury claims as ‘all compensators must provide prompt notification to CRU of any claim for personal injury made against them.’ It is misleading to talk about general trends in our propensity to claim because different types of claim have followed different trends. Thus it is necessary to look...
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...8. 9. The issue of whether a duty of care is owed by the defendant is determined by using the ‘neighbour test’ from Donoghue v Stevenson where Lord Atkin held that ‘one must take reasonable care to avoid acts or omissions which can reasonably foresee would be likely to injure your neighbour’. After this there is the Caparo test set out in Caparo Industries plc v Dickman, it laid down these questions: * Was damage or harm foreseeable? * Is there sufficient proximity between the Defendant and the Claimant? * Is it justifiable and reasonable to impose a duty of care? To see if Susan owed Tim a duty of care it would first be seen if the reasonable person would have foreseen some harm being caused to Tim if Susan did not take reasonable care, after the reasonable man the harm to Tim is reasonably foreseeable as the paint was labelled Toxic (Kent v Griffiths). Then we look if Susan had sufficient proximity with Tim, this means the claimant and the defendant have to be close to each other at the time of the negligence, and this can either be in relationship, time or space. In Susan’s case she was in sufficient proximity as she was there in time and space and she also had proximity due to her relationship as Tim’s carer (Bourhill v Young). The final question is, is it reasonable to impose a duty of care on Susan, this relates to issues of policy. This test is used to prevent the ‘floodgates opening’ (Hill v CC or West Yorkshire), as Sarah doesn’t work for an emergency service...
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...Personal injury claims are unique for a number of reasons. To begin with, approximately 95% of all personal injury claims do not go to trial. Of the small percentage that actually make it to the inside of a courtroom, 90 percent of them end up in a loss. This means that your success in filing a personal injury claim is often tied to how well you do your homework and set yourself up for success in the beginning. Unfortunately, a slew of mistakes and problems can crop up as you deal with life after your injury. If you know what to look for, though, you can avoid these missteps and achieve a positive result with your claim. Common Mistake #1--Failure To Document In the world of personal injury lawsuits, no detail is insignificant. You'll want...
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...Small Non-Profit Hospital in Crisis: Small non-profit Hospital Mark Good HSA 515 Dr. Griffin 04/24/2011 HSA 515 P. 2 An exchange of "legal consideration" whether it be financial or of another sort between the parties to a contractual arrangement is crucial for the agreement to be legally enforceable. Each of the parties to a legal agreement must give and receive something of value in order for the written arrangement to be legally enforceable. The 'something of value' may be either something that the person actually hands over (that they would not otherwise be indebted to hand over) or some right that they give up (that they would otherwise have been entitled to exercise). Is the Hospital Negligent or are the nurses negligent? The question of which entity to bring the lawsuit against, the hospital or the care givers, typically depends on the working arrangement or relationship of the physician to the hospital. If the staff member, including support staff, was directly employed by the hospital then the hospital itself would be considered liable. In most situations the staff included as hospital employees would encompass lab and hospital technicians, emergency room staff, paramedics and nursing staff. Doctors and other medical specialists, including surgeons, are typically subcontracted under the hospital and therefore may be held liable rather than the hospital. In some situations the...
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...disputes that made local papers. The dispute arose between a policy holder and Allstate insurance claims department about the claims process stated in the contact between the two. In addition, provide information on the court process of criminal and civil cases and the possibility of many different verdicts including one from a criminal court stand point. In July 1997, Geneva Hager, an Allstate policyholder was involved in a rear end auto accident resulting in neck and back injuries. The claimant’s auto insurance paid out to Allstate and Ms Hager, his policy limit of 25,000 for body injury. Therefore in December 1999, her claim was closed with Allstate and her injuries had been compensated as from Allstate’s point of view. However, Ms Hager disagreed, she retain an attorney and filed a lawsuit against Allstate stating that they did not handle her claim in bad faith per the insurance contract. She proclaimed the claim process was prolonged in order to make her accept a low settlement for her body injuries. Ms Hager and her attorney demanded 475 million dollars for mental anguish and 950 million in punitive damages to be paid out (Orbitz, 2007). Ms Hager’s attorney gathered information about Allstate policy contract also with some replicas of their claims handling manuals to build their case. Allstate did the same by reviewing Ms Hager‘s claim and several similar ones to ensure the claim handling process was followed, along with a copy of Ms Hager current policy with them. The...
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...Brigham Young University Yong-Seung Park Kyung Hee University Citation Butler, Richard J., and Yong-Seung Park. 2005. "Human Resource Management and Safety: Technical Efficiency and Economic Incentives." In Safety Practices, Firm Culture, and Workplace Injuries. Kalamazoo, MI: W.E. Upjohn Institute for Employment Research, pp. 1-12. http://research.upjohn.org/up_bookchapters/33 This title is brought to you by the Upjohn Institute. For more information, please contact ir@upjohn.org. 1 Human Resource Management and Safety Technical Efficiency and Economic Incentives More U.S. workers die each year on the job than were killed in the U.S. military cumulatively from 1998 through November 2004, even after including self-inflicted and accidental military deaths (DIOR 2005). In 2001, there were 8,786 job-related fatal injuries (5,900 not counting the fatalities caused by the terrorist attacks of September 11), or about 3.7 fatal injuries per 100,000 workers. Workers made 2.1 million trips to the emergency room for injuries sustained from accidents at work (Centers for Disease Control and Prevention 2004). Workers’ compensation insurance, which covers all medical expenses and part of lost wages associated with injuries, cost employers $63.9 billion in 2001 (Williams, Reno, and Burton 2003). The indirect costs of accidents—lost wages, damage to equipment, and training and rehabilitation expenses—were several times this amount. Human resource management (HRM) is usually viewed...
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...car accidents do not happen often (carinsurance.com says that you will file for insurance once every 17.9 years), the investment that you put into an automobile is a hefty one ($31,252 on average in August 2014, according to TrueCar.com) that is only rivaled in the common man’s world by the cost of real estate. Automobile insurance is just like any other insurance plan wherein customers pay small amounts in fixed intervals to an insurance company who in return will pay for the expenses incurred by the policy-holder due to an automobile-related accident. Of course, these automobile insurance policies have maximum liabilities, depending on how much a customer is willing to pay during the intervals set. There are four common types of automobile insurance namely liability insurance, collision coverage, comprehensive coverage, and personal injury protection. Liability insurance is a common one because it covers car accidents that are caused by the actions of the policy holder. There are two types of third-party liability policies : bodily injury and property damage . * Bodily injury liability pays other people for damages the policy owner has done to them, such as medical expenses , lost wages , and pain and suffering; * Property damage pays other people for damages done to their property. Collision coverage, on the...
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...PROJECT OUTLINE * Acknowledgement * History of EFU Insurance * Vision * Mission * Policies Offered By EFU Insurance * Detail About Policies * Coverage Under Policies * Risk Management * Claims * Payment of claims and Process * Duration of Policies * Marketing Plan ACKNOWLEDGEMENT All the Acclimations and Appreciation are for Almighty ALLAH, the Compassionate; the Benevolent. That knows the mysteries & secrets of universe. We would like to show the special gratitude to MISS Khudaija who provided with us knowledge Vision about the management. At the end, we would like to thank all who directly or indirectly help us in making the project. Introduction:- In 1932, Mr. Ghulam Mohammad, a far sighted man, established Eastern Federal Union Insurance Company (EFU) with financial assistance from the Aga Khan III and the Nawab of Bhopal. Mr. Abdur Rehman Siddiqui became the founder chairman. The company was originally registered at Kolkata and operated in India (undivided) and Burma. In 1947, on the birth of Pakistan, EFU found a new home in a new country. In Pakistan, EFU rapidly established itself as a progressive and innovative insurer. It gave the emerging insurance industry the leadership, the manpower and the drive needed to grow in a situation where at one time, three-fourths of insurance was held by foreign companies. By 1961, EFU had become the flag bearer of Pakistan's insurance...
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...To work or not to work? Thesis title: An analysis of the relationship between the marital status of an employee and the period of time taken off from work due to injuries sustained at the workplace Abstract The primary aim of this paper is to analyze the statistical relationship between the marital status of an employee and the period of time said employee takes off from work due to injuries sustained at the workplace. The analysis will be conducted on the basis of data consisting of 7,150 observations and 13 variables. This paper will aim to observe as many factors which have bearing on the duration of benefits, as is reasonably possible, with a specific focus on the role of the marital status of an employee. Such an endeavor will necessitate the observation of a variety of aspects consisting of emotional, physical and sexual factors. The overarching aim of our analysis is to draw the attention of employers towards the different factors which impact durat (the time duration of the provision of benefits) and pique the interest of other researchers to conduct further studies on the issue we have raised in our current undertaking. Introduction The primary assumption of this paper shall be that married individuals have greater tendency to prolong the time they take off due to injuries, as compared to unmarried individuals, because their spouses are also members of the active workforce. Accordingly, married individuals can afford to take more time off because they are not...
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