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United States Leading Case easementsrule of law

Cedar Point Nursery v Hassid

594 US 139 (2021)
JurisdictionUnited States
CourtUS Supreme Court
Year2021
StatusBinding authority

Summary

A regulation granting union organisers access to employer property constitutes a per se physical taking under the Fifth Amendment, requiring no balancing test.

Key Principle

A regulation granting union organisers physical access to an employer's property constitutes a per se taking under the Fifth Amendment; no balancing test is required for physical appropriation of property.

Area of Law

property

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In assessing personal injury damages, gratuitous or benevolent payments received by the plaintiff from third parties are not to be deducted from the damages award.

Farah Constructions Pty Ltd v Say-Dee Pty Ltd (Knowing Receipt) [2007] HCA 22

Knowing receipt of trust property requires actual knowledge of the breach of trust or circumstances that indicate impropriety to establish constructive trust liability.

Tanwar Enterprises Pty Ltd v Cauchi (Specific Performance) [2003] HCA 57

Equity presumptively grants specific performance of land sale contracts on the basis that land is unique, unless granting it would be unjust.

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