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Jus tertii (English: rights of a third party/ stranger) is a term for the legal argument by which a person can defend a claim made against them by invoking the rights of a stranger to the dispute. The defence asserts that the rights of the stranger are superior to those of the claimant; in other words the defence is that the claimant has ...
Among the other factors relevant to this inquiry are [1] the skill required; [2] the source of the instrumentalities and tools; [3] the location of the work; [4] the duration of the relationship between the parties; [5] whether the hiring party has the right to assign additional projects to the hired party; [6] the extent of the hired party's ...
With the Scruttons case, the issue of third party rights in a contract was made certain. There had been much speculation on the meaning of Elder, Dempster but it became clear that there was no new rule from that case. This case, among others, resulted in the change of practice in shipping contracts by adding Himalaya clauses to protect third ...
Third party standing is a term of the law of civil procedure that describes when one party may file a lawsuit or assert a defense in which the rights of third parties are asserted. In the United States , this is generally prohibited, as a party can only assert his or her own rights and cannot raise the claims of right of a third party who is ...
Tortious interference with contract rights can occur when one party persuades another to breach its contract with a third party (e.g., using blackmail, threats, influence, etc.) or where someone knowingly interferes with a contractor's ability to perform his contractual obligations, preventing the client from receiving the services or goods ...
The third-party doctrine is a United States legal doctrine that holds that people who voluntarily give information to third parties—such as banks, phone companies, internet service providers (ISPs), and e-mail servers—have "no reasonable expectation of privacy" in that information.
Reiterating points made in California Bankers Ass'n v. Shultz, Powell stated that there is no expectation of privacy that a customer of a bank has when they do business through the bank, as checks, deposit slips and other paperwork are elements of commercial transactions. The Supreme Court remanded Miller's case back to the Fifth Circuit.
In cases of fraudulent misrepresentation, the time limit runs until when the misrepresentation ought to have been discovered, whereas in innocent misrepresentation, the right to rescission may lapse even before the represent can reasonably be expected to know about it. [82] Sometimes, third party rights may intervene and render rescission ...