cpsc180bcase - Case 1 Peevyhouse v Garland Coal and Mining...

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Case #: 1 Peevyhouse v. Garland Coal and Mining Company Keywords: Land Stripping Case, Garland Won’t Restore for Economic Reasons Plaintiff: Lucille and Willie Peevyhouse Defendant: Garland Coal & Mining Company Location: Supreme Court of Oklahoma Type of Law: Common Law – Breach of contract Issue: Garland Coal and Mining Company wishes to strip portion of Peevyhouse land for coal mining. Say they will restore land to its original condition when finished. Garland company strips land, mines for coal, gives Peevyhouse part of profits, and is done. At the end, Garland refuses to restore land to original condition, saying it makes no economic sense. Land is only worth $300 less in stripped condition than it would be worth in restored condition. Would cost $29,000 to restore. Laws Involved: Breach of contract is illegal, damages must be paid. Finding: Plaintiff. Defendant agrees that they breached contract, willing to pay damages in amount of $5,000. Plaintiff appeals, say it is still illegal to breach a contract, want $29,000. Appellate finding for Plaintiff in amount of $300. Reasons for finding: Make up for the difference in value of the land caused by the stripping. Only damage done by Garland is about $300 worth. Precedents Set: Lawyers generally believe that the more economically sound thing is always the right thing. It is OK not to follow through on a contract.
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Case #: 2a Guardianship of Phillip B Keywords: Afflicted Phillip, “Necessities of Life,” Heart Operation Plaintiff: B’s – suing the state saying they have no right to decide whether or not Phillip gets heart operation Defendant: State Location: Criminal Court of California Type of Law: Common – statute says state can step in if child has not been provided with “necessities of life” Issue: Phillip needs a heart operation. State recognizes horrible condition of Phillip’s life, the fact that his parents ain’t shit, and wish to step in and to declare Phillip a child of the court, so that he can get the operation he needs. In criminal court, unlike in district court, things have to be proven beyond reasonable doubt. Appellate court had said in past that parental autonomy is fundamental, but state can step in if it’s for the best interest of the child. Laws Involved: Statute says state can step in if child has not been provided with “necessities of life” Finding: For Plaintiff – B family. Court says that the fact that the operation is in the child’s best interest has not been proven beyond reasonable doubt, because there is a 5 to 10% mortality risk in the operation. DECISION IS- NO OPERATION. Reasons for finding: Court says that the fact that the operation is in the child’s best interest has not been proven beyond reasonable doubt, because there is a 5 to 10% mortality risk in the operation.
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  • Spring '06
  • RobertDunne
  • Law, Supreme Court of the United States

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