Whichever party files the claim has the initial burden to establish that a valid contract existed (Halbert & Ingulli, 2009). In that regard, any credible evidence such as a tape recording of the original telephone call or of any subsequent calls Continue Reading...
Promissory estopple is an alternative to consideration as a basis for enforcing a promise. It is also sometimes referred to as detrimental reliance, in other words that the second party has experienced a loss because of the implied promise of the fi Continue Reading...
Paralegal Specialties International law: Paralegals in this field may work for government agencies that deal with international trade or multinational firms. Expertise in foreign languages is preferred. Corporate law: Paralegals in this field assis Continue Reading...
Business Law Dimitri vs. Bib Bob's Having given an offer to the public of a price tagged at $5,000 upon completion of a given task, the Bib Bob's had made a valid offer which was accepted by one individual Dimitri. In this case there was already an Continue Reading...
Tips for Contracts The first greatest contributor to a contract dispute is that of ambiguous language, or failure to address all possible situations. The second greatest contributor to contract disputes is ambiguity in the situations that are addre Continue Reading...
Acquisition Law on the Motorways According to the Uniform Commercial Code (UCC), the sales transaction of a $60,000 Corvette automobile is a valid agreement to contract based on the material term of the bargained for exchange, with definite terms of Continue Reading...
1. Do you think Leonard has grounds to sue Dr. Farrah-Fowler for breach of express contract? Breach: Leonard does have grounds to sue Dr. Farrah-Fowler for breach of an express contract. From the onset, it should be noted that despite selecting her a Continue Reading...
Business Law The author of this report has been asked to answer regarding several different legal and/or ethic cases or questions. Those cases/situations are Wrench LLC vs. Taco Bell, California & Hawaiian Sugar Company vs. Sun Ship Inc., the ge Continue Reading...
Business Law Describe the "Commercial Clause" in the United States Constitution and explain how its scope and meaning has been interpreted by the courts. Referring "to Article 1, Section 8, Clause 3 of the U.S. Constitution," the Commercial Clause Continue Reading...
This is because; there are consortiums of regulations that provide no clear policy. The Colorado Court of Appeals sided with the NCAA. They felt that these rules were within the scope of their authority of controlling the actions of athletes and the Continue Reading...
However, it is bad business practice to make promises without putting that promise in writing. From the perspective of the party relying on the collateral, it may not legally be required that the collateral contract be in writing but it is highly re Continue Reading...
A minor does not have legal capacity to enter into a contract. This contract will remain valid, however, unless one of the parties wishes to have it voided. The teenager will continue to drive the car and the dealer will keep the money. It may come Continue Reading...
Part 1The first feature is an offer. This could be conceptualized as a proposal made to a person or entity and could be inclusive of the details of the said engagement i.e. the terms and conditions. The second feature is acceptance. This could be co Continue Reading...
Misrepresentation in a Contract First, we must define misrepresentation and what it means under British law. Misrepresentation is a concept in contract law. This means a false statement presented as fact as made by one party to another party. This h Continue Reading...
Breach of Contract A person contracts to build an expensive wooden play set in a customer's back yard. The contract states that the fasteners to be used in the making of the set should be of a certain length and tested strength. Because the play set Continue Reading...
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury tria Continue Reading...
It is very important to know the distinction between the two because both types have different set of operations in most countries. The implications, rights and enforcement vary between the types. ("Contract Basics," 2008) Unilateral contract is of Continue Reading...
Part 6 also gives guidance in the case of some specialized types of contract. UCITA in Part 7 for the major part carries over the popular rules of Article 2 involving breach when suitable in the perspective of the tangible medium on which the inform Continue Reading...
Where the contract specifies that delivery must be a specific shade of color and be delivered no later than 12:00 PM, that element becomes a material element. Even then, the measure of damages would have to reflect actual damages. Under ordinary con Continue Reading...
Negligence Misstatements in the Law of Torts This is a concept of contract law indicative of carelessly made facts by one party to another with the effect of luring that party into a contract. It could also be falsehood or false promises made by a t Continue Reading...
In the case of Hodge v. Garrett 101 Idaho 397, 614.2d 420 (1980), the buyer wished to purchase land located next to the sellers' drive-in movie theater. One seller signed the contract. The testimony was conflicting as to whether the buyer was told Continue Reading...
There were many factors quoted for the reasons for this type of incompatibility, and they were the following: Article 2 of the Brussels Convention is in fact mandatory, and it can only be derogated from in the numerous ways and means that have been Continue Reading...
51), but less the amount of the down payment tendered by the defendants ($1,000.00)." ("Wendling v. Puls," 2011) This is significant, because it is showing how the court is affirming the position of the plaintiff. As they lost substantial amounts: of Continue Reading...
Jurisdiction and Applicable Law The first issue that Barcelo faces concerns which nation's law governs the contractual rights and duties between himself and George. Because this was an international voyage between England and Spain, and because the Continue Reading...
com" from an Internet host in Maryland to a host in New York. The New York host turned out to be merely an intermediary of a Canada-based company (Tucows). Tucows eventually turned over the domain name to the Alabama authorities upon their request. Continue Reading...
" Further, it is held that "a material misrepresentation in the certifications (bid) generally provides a basis for rejection of the proposal or reevaluation of the award decision." Thus, it can be said that if a challenge shows a material misreprese Continue Reading...
trespass, nuisance and a violation of zoning laws. The first and perhaps most lucrative cause of action would be trespass. Trespass to land is an intentional tort to property. To establish a prima facie case for trespass to land, a plaintiff has to Continue Reading...
Acceptance must be made by an intended party to the contract and must be understood by the offerer before he withdraws or retracts the offer. And consideration is some forebearance on the part of both sides to make a contract enforceable. For inst Continue Reading...
Slaughterhouse Cases, Takings Clause PART I Slaughterhouse Cases 198 U.S. 45 Lochner v New York 1904 (Oyez, 2013) UNITED STATES SUPREME COURT Joseph Lochner The People of the State of New York TABLE OF AUTHORITIES FACTS -- Lochner was convicte Continue Reading...
company have bid with a zero mark-up on some past tenders? Why didn't it win all of those contracts? Based on the percentage of contracts awarded to Bright Paints at a zero mark-up rate, which falls at 95.9%, it is clear that this strategy is effec Continue Reading...
O'Hagan, the SEC could successfully bring a lawsuit against Leo for damages in connection with his purchase of the shares. Larry was not bound by fiduciary duty to Hawke. As such, the higher standard of Chiarella v. United States applies. While thi Continue Reading...
E. Revival of revoked wills. In most cases, a revoked will is not revivable unless it is reexecuted or revived by codicil; however, if a revoked will was destroyed, it cannot be revived in this fashion. F. Dependent relative revocation. These ar Continue Reading...
Also, a son could marry, for Roman law had never recognized monogamous sexual relationships between slaves. Sons could also inherit property, and this possibility of inheritance was another instrument of power used by fathers against their sons. A s Continue Reading...
Negotiating a Facility Rental Agreement As a facility operations manager, it is critical to first understand key legal issues in Stadium contracts. These contract could be ridden with pitfalls and liability characterized by shifting language, and ot Continue Reading...
Politics of Administrative Law An Examination of the Challenges Presented by NLRB vs. Jones & Laughlin Steel Corp. To the Political, Economic, and Legal Philosophies Developed from Munn vs. Illinois and Lochner vs. New York As the 19th century Continue Reading...
This is because a person is able to understand the history of Rockwell much better, and the opportunity to understand both sides of the case. An individual is able to grasp the account of the drama that took place during that time clear up until the Continue Reading...
Adoption (Family Law) by Kansas Statutes and Cases The study of adoption is very important as it influences millions of lives in the United States, who are an element of the adoption process. For instance, the birth parents who put their children fo Continue Reading...
Gilbert Law Summaries Legal Research, Writing and AnalysisLegal research, writing and analysis should be more practice-driven in the sense that real world scenarios are incorporated into these exercises. Incorporating aspects of law that practitioner Continue Reading...
It covers a specific device or process and it protected by the Patent Act. A patent can be enforced through the legal system. By contrast a trade secret more difficult to protect through the legal system. A trade secret is not generally known to the Continue Reading...
