Premium Essay

Toronto Marlboro Major Junior "A" Hockey Club Et Al. V. Tonelli Et Al.

In: Other Topics

Submitted By triosstudent
Words 691
Pages 3
The standards adopted by the minority in the case of Toronto Marlboro Major Junior "A" Hockey Club et al. v. Tonelli et al. to “test” the minors contract were as follows:
I ask whether a prudent and informed parent of a 17-year-old young man who wished to become a professional hockey player, having in mind the realities of the world around him, would approve of this contract. I believe he would. It is true that the contract in this case could have been more beneficial to the infant and the scale could have been tipped more in favour of the infant but that is of little import. It also may not be desirable that member teams of the O.H.A. Major Junior League should occupy such a preferred position as vehicles of entry to the ranks of professional hockey but that too is of little import. It was this specific contract that was available to the infant in this case. The choice was to accept it or go elsewhere and that fact must be given appropriate weight. I do not believe that it could be realistically said that it would have been in the best interest of Tonelli to go elsewhere.

The dissent by Mr Justice Zuber; who felt the defendant had breached his contract, based his decision on this critical question; In September of 1974, was it in the beneficial interest of the 17- year-old John Tonelli to enter into this agreement with the Toronto Marlboros? Zuber came to the conclusion that this young man wished to be a professional hockey player and even though he had before him the opportunity of binding himself to a fairly long period of time to the Marlboros; the result was likely to be the fulfilment of his ambition to become a professional hockey player and secondly, and as a result, the commencement of earnings beyond the dreams of most ordinary people.

The majority however went further and applied a different test of “whether the contract is reasonable and fair.”…...

Similar Documents

Premium Essay

Bus Lawsuit Review Alvin Kaltman, Et Al. V. All American Pest Control

...Local Lawsuit By Bryan McDaniels Professor Jeffery McLoud Business Law 1 November 4, 2012 Alvin Kaltman, ET AL. v. All American Pest Control, Inc., ET AL. is a case from the Circuit Court of Fairfax County Virginia which was brought about by a homeowner Alvin and Gwendolyn Kaltman with a complaint against a pest control company All American Pest Control. In this paper you will learn what actions an agent of All American Pest Control did that lead to this lawsuit. What All American Pest Control management could have done to prevent this lawsuit. The ethical considerations reflected in the laws applicable to this case. Discuss which sources of law would be most relevant in this case and how All American Pest Control management could leverage knowledge of those sources to prevent similar instances in the future. Then provide recommendation of alternate resolutions that could have been pursued. " In 1996, the Kaltmans hired All American Pest Control, Inc. (“AAPC”) to treat and prevent pest infestation at their home on a quarterly basis. On October 23, 2006, All American Pest Control employee Patric J. Harrison performed the Kaltmans’ quarterly pest control treatment. At the time, Harrison was not a licensed pesticide technician in the Commonwealth of Virginia. Three days before treating the Kaltmans’ home, Harrison treated a commercial establishment with Orthene pesticide. After applying Orthene at that business, Harrison “failed to thoroughly clean his......

Words: 1577 - Pages: 7

Premium Essay

Workplace and Individual Factors in Wrist Tendinosis Among Blue-Collar Workers (Harris, C. Et Al, 2011).

...among blue-collar workers Introduction Wrist tendinosis among blue collar workers is not a new topic in work places. It results from long hours of activities that cause injuries which do not heal properly. The tendinosis injuries are not superficial but are only felt (Shuval, K., & Donchin, M., 2005). This study seeks to criticize a journal done by Harris C. et al on workplace and individual factors in wrist tendinosis among blue-collar workers. It was a peer reviewed professional journal that brings to the attention the correlation between exposure and factors that contribute to tendinosis. Statement of the research problem The human capital is of paramount importance in the workplace. For achievement of the organizational goals and objectives, it must be provided with the right tools of work. This includes machines like computers and forklifts. The issue of concern is how people can attain the desired results while their physical health is not compromised with. This can only be achieved through managing risks associated with tendinosis and coming up with the right treatments for the victims (Janwantanakul, P. et al, 2010). The article under this critique did not highlight what prompted or motivated its researchers to carry this study. A research is carried out to provide solutions which are viable. The authors of journal under this discussion did not show how the hand/wrist tendinosis affected the output of workers in the workplace thus it basically lacked the......

Words: 1058 - Pages: 5

Free Essay

Compare and Contrast Cohen’s Study of Disorderly Behaviour with That of Hall Et Al.

...disorderly behaviour with that of Hall et al. This essay will explore the construction of disorder in society and the role of the media in shaping public opinions about social disorder. It will examine the theories of Stanley Cohen and Hall et al. and will identify the different approaches and key research issues concerning disorderly behaviour. The essay will show how the media constructs and defines antisocial behaviour through the portrayal of folk devils which creates moral panic. The concept of folk devils and moral panic was explored by Stanley Cohen (1973) in his case study of mods and rockers of the 1960’s. The Mods and Rockers were two opposing British youth gangs that engaged in fighting and vandalism at seaside towns in the 1960’s.Cohen’s research focused on how this the media’s portrayal of events provoked a mood of public fear and outrage throughout society, labelling the two groups as folk devils. Folk devils have been depicted as mindless, evil and deviant beings with their behaviour completely different to that of normal people. These deviants have been blamed for all the wrongs in society and have been punished brutally. This characterisation has been central to Cohen’s theory with the role of the media inciting moral panics with the dramatization and construction of Folk devils. (Kelly and Toynbee, 2009, p370) Stanley Cohen, Suggests the UK media’s representation of the antisocial behaviour of the British youths played a major role in fostering......

Words: 1594 - Pages: 7

Free Essay

Richard Wallace Grube Et Al. V. Bethlehem Area School District

...Abstract Richard Grube, an athletically inclined senior at Freedom High School in the Bethlehem Area School District, played football his freshman, sophomore, and junior years. Prior to the start of the football season in his senior year, the district claimed Richard was ineligible to play on the basis that Richard only had one kidney. Richard and his family filed a preliminary injunction against the school district claiming the district violated Section 504 of the Rehabilitation Act of 1973. (Grube v Bethlehem, 1982) According to the United States Department of Education (2011), Section 504 states that, “no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from the participation in…any program or activity receiving federal financial assistance”. As a result, the court ruled in favor of Richard Grube. Case and Law Review Richard Wallace Grube et al. v. Bethlehem Area School District Legal Research In 1982, Richard Grube, a senior at Freedom High School was declared ineligible to play football because he only had one kidney. Richard and his family filed a preliminary injunction based on Section 504 of the Rehabilitation Act of 1973. According to the U.S. Department of Education, Section 504 of the Rehabilitation Act of 1973 states that, no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from the participation in, be denied the......

Words: 1581 - Pages: 7

Premium Essay

Case Study: Delia V. E.M.A. Et Al

...Case Study: Delia v. E.M.A. et al Xxxxxx X. Xxxxxxxx University of Maryland University College HCAD 650 Fall 2012 October 5, 2013 Case Study: Delia v. E.M.A. et al This paper reviews a case study of a medical malpractice suit that resulted in a claim against the North Carolina Department of Health and Human Services for their practice of recovering settlements paid for medical expenses. Legal controversies with medical impact rarely reach the United States Supreme Court because such cases must go through several levels of hearings and appeals before even being considered by the Supreme Court. Medical issues must involve interpretation of the US Constitution or federal law, and at least four of the nine justices must agree to accept a case. The Supreme Court reviews only a small percentage of the several thousand cases submitted each year. Consequently, most medical controversies at law take place in state courts. Subject United States Supreme Court Case No. 12-98. Albert A. Delia, Secretary, North Carolina Department of Health and Human Services v. E.M.A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al. Later the case was changed to: No. 12-98. Aldona Wos, Secretary, North Carolina Department of Health and Human Services, Petitioner v. E.M.A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al. The purpose of the case was to resolve the conflict between the opinions of the 4th U. S. Court of Appeals in this case...

Words: 2010 - Pages: 9

Premium Essay

Sandifier Et Al

...Sandifer et al. v. United States Steel Corp., 678 F. 3d 590, is a United States Supreme Court case argued on November 4, 2013 and decided on January 27, 2014. The case was decided at the United States Court of Appeals for the Seventh Circuit on May 8, 2012, prior to being held by the United States Supreme Court. The issue in Sandifer et al. v. United States Steel Corp. (2014) was whether workers should be compensated for time spent putting on and taking off safety gear, when the applicable collective bargaining agreement excludes time spent “changing clothes” from the compensable workday and that exclusion is permitted by section 203(o) of the Fair Labor Standards Act. Clifton Sandifer and a group of former and current steelworkers represented by United Steelworkers labor union sued United States Steel Corp. for violating the Fair Labor Standards Act. United Steelworkers has had a collective bargaining agreement in place with U.S. Steel since 1947 which includes a stipulation that workers will not be paid for the time it takes to put on their safety gear before they start working or for the time it takes to remove their safety gear after they stop working. The Fair Labor Standards Act requires employers to pay workers for these activities, but section 203(o) allows exceptions to payment for time spent “changing clothes”. The United States Supreme Court issued a unanimous decision affirming the Seventh Circuit Court of Appeals’ 2012 ruling. The Supreme Court held that...

Words: 397 - Pages: 2

Free Essay

Nadel Et Al V Burger King Corp

...Carmelita Cain MGMT 520 Week 3 Assignment Nadel et al. v. Burger King Corp. & Emil, Inc. case 1. What court decided the case in the assignment? (2 points) COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY 2. According to the case, what must a party establish to prevail on a motion for summary judgment? (3 points) Emil moved for summary judgment, claiming that no genuine issue of material fact existed. BK also moved for summary judgment and pointed to evidence in the depositions that appellants knew the coffee was hot and that coffee was purchased and served as a hot beverage. It also contended under the circumstances that Evelyn's and Paul's actions were intervening, superseding causes precluding any actionable negligence on its part. 3. Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points) Christopher Nadel received second degree burns from coffee spilling on his right foot purchased at Burger King by his grandmother Evelyn Nadel. The Nadel’s brought suit against Burger King and franchise owner Emil, Inc, for product liability for a defectively designed product and for failure to warn of the dangers of handling a liquid served as hot as their coffee. The court granted both the Burger King owner and Burger King Corporation request for motion of summary of judgments. The Nadel’s appealed. The court affirmed in part and reversed in part. The summary judgment was wrongly granted on...

Words: 1465 - Pages: 6

Free Essay

Georgia-Pacific Consumer Products Lp V. Kimberly-Clark Corporation, Et Al., 647 F.3d 723 (2011)

...Case: Georgia-Pacific Consumer Products LP v. Kimberly-Clark Corporation, et al., 647 F.3d 723 (2011) Facts: Georgia-Pacific has been selling its Quilted Northern brand toilet paper with “Quilted Diamond Design” since the early 1990s and has several trademarks, copyrights, and utility and design patents for the Quilted Diamond Design.In 2008, Kimberly-Clark redesigned two of its brands, Cottonelle Ultra and Scott Kimberly-Clark Professional, using a quilted pattern that Georgia-Pacific believes to be very similar to its Quilted Diamond Design. Georgia-Pacific claimed unfair competition and trademark infringement under the Lanham Act, 15 U.S.C. § 1051 et seq. and filed suit in the U.S. District Court for the Northern District of Illinois. Kimberly-Clark filed a Motion for Summary Judgment claiming the design was functional and could not be protected. Virginia M. Kendall, the presiding judge, agreed and granted summary judgment in favor of Kimberly-Clark. Issue: Can Georgia-Pacific hold utility patents, which detail functionality of design, and still have the protection of a registered trademark for its “Quilted Diamond Design”? Rule: Lanham Act, 15 U.S.C. § 1052 (e)(5) - No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it consists of a mark which comprises any matter that, as a whole, is functional. Analysis: The court looked...

Words: 461 - Pages: 2

Free Essay

U.S. Supreme Court United States V. Cortez, 449 U.S. 411 (1981) 449 U.S. 411 United States V. Cortez Et Al. Certiorari to the United States Court of Appeals for the Ninth Circuit

...U.S. Supreme Court UNITED STATES v. CORTEZ, 449 U.S. 411 (1981) 449 U.S. 411 UNITED STATES v. CORTEZ ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 79-404. Argued December 1, 1980 Decided January 21, 1981 Based on their discovery of sets of distinctive human footprints in the desert, Border Patrol officers deduced that on a number of occasions groups of from 8 to 20 persons had been guided by a person, whom they designated "Chevron," from Mexico across an area of desert in Arizona, known to be heavily trafficked by aliens illegally entering the country. These groups of aliens proceeded to an isolated point on a road to be picked up by a vehicle; the officers deduced the vehicle probably approached from the east and returned to the east after the pickup. They also surmised, based on the times when the distinctive tracks were discovered, that "Chevron" generally traveled on clear nights during or near weekends, and arrived at the pickup point between 2 a.m. and 6 a.m. On the basis of this information, the officers stationed themselves at a point east of the probable pickup point on a night when they believed there was a strong possibility that "Chevron" would be smuggling aliens. The officers observed a pickup truck with a camper shell suitable for carrying sizable groups pass them heading west and then observed the same vehicle return within the estimated time for making a round trip to the pickup point. The officers......

Words: 4188 - Pages: 17

Free Essay

Outline the Similarities and Differences Between Adorno Et Al.’S (1950) and Altemeyer’s (1981) Approach to Authoritarianism

...Outline the similarities and differences between Adorno et al.’s (1950) and Altemeyer’s (1981) approach to authoritarianism The rise of fascism in Germany in the 1930’s and the acts of aggression and atrocities committed by the Nazis during the Second World War led to questions being asked as to why some people where prone to such levels of violence and hate in the name of political ideology. The ‘Authoritarian Personality’ was a concept suggested in 1950 by German sociologist Theodor Adorno and colleagues following their research identifying the personality traits believed to allow an individual to be bias towards and follow a fascist ideology. Although initially met with great excitement, over time the authoritarian personality alone was seen, by many psychologists, as not sufficient to explain the potential for extreme prejudices and its popularity declined. In the early 1980’s Canadian psychologist Bob Altemeyer revived the interest in authoritarianism following revision of the original work done by Adorno et al. Altemeyer was interested in right wing political ideology only just as Adorno et al had been, both excluding the potential authoritarianism personality characteristics associated with communism from their research. (McAvoy, J. 2012). As a result of his research Altemeyer was able to address the methodological shortcomings of the original work and propose a revised concept of authoritarianism. Similarly both bodies of research utilized standardised......

Words: 1048 - Pages: 5

Premium Essay

Reading Summary of Costa Et Al. (2014)

...Reading Summary of Costa et al. (2014) 1. Aim, Hypothesis and Prediction 1) What is the aim of the study?  According to psychologists, moral judgment seems to be driven by emotional and/or rational forces. The study aims to find out whether using a foreign language will affect these processes. 2) What is the hypothesis? Moral judgment in foreign languages will be less impacted by the emotional force. 3) What is the prediction? Moral judgment in foreign languages should be more rational and utilitarian than judgment in native languages. 2.     Method Experiment 1 1) Who are the participants?  317 native/foreign language speakers: 112 English/Spanish in the US, 80 Korean/English in Korea, 107 English/French in France, 18 Spanish or English/Hebrew in Israel 2) What was the procedure of the experiment? Participants were interviewed in native or foreign language ambiance. They read the scenario and picture of the footbridge version of trolley moral dilemma: pushing a man off the bridge to stop a coming train so as to save five people or not. They were then asked to indicate their decision. After that, they answered questions about their background, and did a foreign language comprehension check if they were assigned to a foreign language group. 3) What are the dependent and independent variables? DV: response to the dilemma (pushing or not pushing the man off the bridge) IV: language used in the interview Experiment 2 1) Who are...

Words: 375 - Pages: 2

Free Essay

Kelo Et Al. V. City of New London Et Al.

...I. KELO et al. v. CITY OF NEW LONDON et al. II. CITATION: 545 U.S. 469 (2005) III. FACTS: The city of New London, Connecticut, after the closing of the Naval Undersea Warfare Center, reactivated the New London Development Corporation (NLDC), a non-profit entity for land development in the city, specifically the Fort Trumbull area vacated by the U.S. Navy. Pfizer Pharmaceuticals, Inc. expressed an interest in locating a research and production facility in the area. The city advised the NLDC to move forward with its plans. Over 90 acres of property were purchased and acquired through eminent domain for the development of residential housing, recreational, marina, retail and industrial parcels. Of the 90 acres, thirty-two of the acres came from Fort Trumbull and the remainder from private owners. All private owners, except 15, sold to the city for the project. The remaining 15 held out not for money, but for emotional and sentimental reasons. The Supreme Court of Connecticut ruled in favor of the taking of the private property under eminent domain. The United States Supreme Court granted certiorari and grouped all 15 cases in one appeal. IV. LEGAL ISSUES: Is the use of eminent domain to acquire property by the government and redirect for private use repugnant to the Fifth Amendment of the U.S. Constitution which reads “…nor shall private property be taken for public use, without just compensation”? Is the taking of property from A and giving it to B for economic...

Words: 1569 - Pages: 7

Premium Essay

Response to Adler Et Al. “the Effects of Our Environment”

...Response to Adler et al. “The Effects of Our Environment” One important idea from “The Effects of Our Environment” is that “the main determinant of whether a student was actively and directly engaged in the process of classroom communication was that student’s seating position”, “the middle of the first row contained the students who interacted most, and as they more back and to the sides of the classroom, interaction decreased markedly.” I think the author‘s point is that students who sit in the middle of front rows are more actively interact in class than those who sit in the sides of back rows. In my experience, based on my 16 years student career, students who chose to sit in the middle of the first row and seats next to teachers are hardworking ones. They are willing to be engaged in the class and respond to the teacher at the first moment questions come up. By doing that, they can be more attracted by course contents, and they will gain more information from the class. What’s more, since front-row students can always leave good impressions to teachers, they can get more opportunities to communicate with teachers and participate in the classroom discussions. I always chose the middle of the second row when I was in college. My first course in college was “the Theory of Communications.” The lectures were given by our dean Mr. Chen, a very kind middle-aged professor. Unlike many other teachers, he barely managed classroom discipline because he believed that......

Words: 621 - Pages: 3

Free Essay

Barbara J. O'Neil Et Al., Plaintiffs and Appellants, V. Crane Co. Et Al., Defendants and Respondents

...Michael Dumalag Professor Sabia Law & Econ – ECON 496 24 April 2012 BARBARA J. O'NEIL et al., Plaintiffs and Appellants, v. CRANE CO. et al., Defendants and Respondents. S177401 SUPREME COURT OF CALIFORNIA 53 Cal. 4th 335; 266 P.3d 987; 135 Cal. Rptr. 3d 288; 2012 Cal. LEXIS 3; CCH Prod. Liab. Rep. P18,765 January 12, 2012, Filed INTRODUCTION The Plaintiffs, family of the decedent plaintiff, Barbara J. O’Neil, filed a wrongful death complaint due to mesothelioma against the defendant manufacturers, Crane Co. et al., in concerns of valves and pumps manufactured for use on Navy warships. This particular claim raised strict liability claims and negligence claims in regards to asbestos exposure experienced by the decedent plaintiff released from external insulation and internal gaskets and packing. During World War II, defendants sold parts to the United States Navy for use in the steam propulsion systems of warships. These Steam systems were extremely hot and highly pressurized, requiring insulation. Navy specifications made use of asbestos insulation required at the time and products that did not conform to the use were rejected. However no evidence was presented that asbestos was needed in order for the valves to function properly also the defendant did not manufacture the asbestos packing gaskets used in its valves. Once parts were received by the navy, they were integrated into other components such as boilers and piping with asbestos-containing flange......

Words: 1470 - Pages: 6

Free Essay

Article Critique of Efficacy of Two Behavioural Treatment Programs for Comorbid Geriatric Insomnia - Rybarczyk Et Al 2002

...Rybarczyk, B., Lopez, M., Benson, R., Alsten, C., & Stepanski, E. (2002). Efficacy of two behavioural treatment programs for comorbid geriatric insomnia. Psychology and Aging, 17(2), 288-298. Rybarczyk et al. (2002) found that the literature addressing geriatric insomnia provides evidence of the efficacy of several behavioural treatments, but that most research with this population has excluded those with comorbid medical illness. Thirty-eight geriatric patients with comorbid insomnia and medical illness participated in this randomised controlled trial, which allocated them to either cognitive-behavioural treatment (CBT), home-based audio relaxation treatment (HART), or delayed-treatment control conditions using stratified random allocation. Seven self-rate or self-report and one actigraphy measures assessed between- and within-group differences at pre-treatment, post-treatment, and 4-month follow-up. The CBT included weekly group sessions with behavioural and cognitive components, relaxation training, and sleep hygiene education. The HART participants received audiotape recordings with four relaxation and sleep-training programmes and a guidebook with behavioural components. Control participants completed the same interval assessments as the treatment groups and were offered HART at the end of 6 months. The study found differential improvement between the CBT and control groups at post-treatment and follow-up on five of seven sleep measures and a clinically......

Words: 635 - Pages: 3

Tell Me a Story - Temporada 1 Capitulo 9 Descargar | IMDb: 6 HD Backstabbing for Beginners | Camera Drone Parts & Accs