sensible rule in Washington

2014In short, the majority has taken a sensible immunity statute and transformed it into a rule of no liability until the second accident. ¶31 The majority writes that we construe the statute “strictly,” citing Matthews v. Elk Pioneer Days, 64 Wn.

2014App. 433, 437 , 824 P.2d 541 , review denied, 119 Wn.2d 1011 (1992).

2010Br. of Appellant (Rob Freeman) at 7. ¶ 33 To guide its analysis, the majority adopts wholly the factors enunciated in Carfagno v. Carfagno, 288 N.J.Super. 424, 435 , 672 A.2d 751 (1995), [3] reasoning that they "provide a sensible framework for analyzing whether the preponderance of the evidence suggests a restrained party will commit a future act of domestic violence." Majority at 561.

2010Super. 424, 435 , 672 A.2d 751 (1995), 10 reasoning that they “provide a sensible framework for analyzing whether the preponderance of the evidence suggests a restrained party will commit a future act of domestic violence.” Majority at 673.

1908This court, in the case above referred to, said: “We think the proper and sensible rule was laid down by the United States supreme court in Slaughter’s Adm’r v. Gerson, 13 Wall. 379, where it was held that the misrepresentation which would vitiate a contract of sale and prevent a court of equity from aiding its enforcement, must relate to a material matter constituting an inducement to the contract, and respecting which the complaining party did not possess at hand the means of knowledge.” That court, after announcing the rule as noted, further said, through Justice Field, who delivered the op

1895We think the proper and sensible rule was laid down by the United States supreme court in Slaughter’s Adm’r v. Gerson, 13 Wall. 379 , where it was held that the misrepresentation which would vitiate a contract of sale and prevent a court of equity from aiding its enforcement, must relate to a material matter constituting an inducement to the contract, and respecting which the complaining party did not possess at hand the means of knowledge.

2019In Freeman, our Supreme Court referenced the factors as constituting "a sensible framework for analyzing 4_ No. 78326-2-1/5 whether the preponderance of the evidence suggests a restrained party will commit a future act of domestic violence." 169 Wn.2d at 673 .

2019The court's language indicates that the factors in Freeman are tools to guide courts in assessing the likelihood of restricted parties committing future acts of domestic violence. 169 Wn.2d at 673 .

1992Ford, 111 S. Ct. at 857 (citing Batson, 476 U.S. at 99-100 ).

1992Ford, 111 S. Ct. at 857 (citing Batson, 476 U.S. at 99-100 ).

1971Ed. 1264 , 76 S. Ct. 994 (1956)), a sensible rule which presents no problems here except as to fuel coal, for if there is a substitute for electric power, I have yet to hear of it.

1971One of the tests for monopoly is the availability of substitute products within the relevant market area ( United States v. E.I. du Pont de Nemours & Co., 351 U.S. 377 , 100 L.Ed. 1264 , 76 S.Ct. 994 (1956)), a sensible rule which presents no problems here except as to fuel coal, for if there is a substitute for electric power, I have yet to hear of it.