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Citizens for Preservation of Waterman Lake v. Davis
Question1
Despite the existence of a law, the authority to enforce the same lies with the director at the department of natural resources. Therefore, the citizens did not have any legal mandate concerning the implementation of the provisions of the said law. Concerning the existing law being an implied term in every contract, the court does not play lip service. According to the provision of the Act on Fresh Water and Wetlands, given that the director of the department of natural resources has not taken any action, then both the plaintiff and the town have no legal basis to seek redress.
Question 2
In my observation, the court should have considered the matter of public interest. Concerns relating to public safety and the wellbeing of the citizens should supersede any profit-oriented intentions. Therefore, despite the lack of sufficient evidence, the court should have taken into consideration concerns by the citizens. About the provisions of contract law, there should a provision that on matters that touch on public health and safety, the interests of the citizens should be considered first.
Question 3
In the event that action of the husband in committing suicide is proven a tort, the wife is allowed to recover damages from the husband for breach on agreement. On the other hand, in the event that a construction company has been issued with well laid out plans to follow during a construction, failure to follow strictly the provisions of the contract document as well as other specifications would automatically be interpreted as a breach. Therefore, the client has the right to sue for specific performance or damages.
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