In certain relationships, one party is held to a higher standard of conduct. In most circumstances one person owes a duty to another to act reasonably and not negligently. But some relationships give rise to a special duty, such that one owes the duty to another to not only act reasonably, but to act with […]
How would an employer know if someone is impaired under marijuana? You don’t! There is no standard or definition of impairment. Impairment is subjective unlike that of alcohol where you can gauge the level. But the Arizona Legislature came to the rescue (Really!). Codified in ARS 23-493 (Drug Testing of Employees), this legislation gives the […]
Consider a case where a plaintiff suffers emotional distress arising from the defective construction of her dream home. Improper grading and soil compaction, both a direct result of the homebuilder’s negligence, causes standing water and ground saturation. The dampness results in significant structural damage to the home, forcing the plaintiff to move into a rental […]
What is going to happen to my pet when I’m no longer available to care for it? Can I provide for my pet after I pass? What will happen to my pet if I go into the hospital or assisted living? These are just a few of the questions that face pet owners today. From […]
In law school, we spent a day in class looking at advertisements that attorneys used to advertise their practices. There was a constant theme that attorneys painted themselves as people who would fight for their client: they were aggressive and they were bulldogs. All that was missing from these advertisements was the slogan “Only in […]
April 2016 MCR CAVEAT [flipbook id=”4″]
A damage and destruction clause in a commercial lease outlines the rights and obligations of both the landlord and the tenant in the event that the leased premises are damaged or destroyed during the lease term or any extension or renewal thereof. The following duties and obligations are typically addressed in the damage and destruction […]
In order to establish a claim for breach of contract, a party claiming breach must demonstrate (1) the existence of a contract; (2) a breach of the contract by the defendant; and (3) resulting damage. A breach of contract is not always constrained to the plain terms of the contract, as Arizona Courts imply into […]
Arizona follows the law across the country that an owner providing plans to a general contractor warrants that the plans will be constructible. This rule is often called the Spearin Doctrine, named after a 1918 decision by the United States Supreme Court addressing the federal government’s relationship with contractors. While we are unaware of any […]
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