Nd Contracts Outline Professor Murray 1. Contract Remedies (Chapter One) What is a contract?- promise or set of promises‚ for breach of which the law gives a remedy or the performance of which the law recognizes as a duty. Types of contracts- a. express: formed by language‚ oral or written b. implied: formed by manifestations of assent other than oral or written language; by conduct. c. quasi: not contracts at all‚ construed by courts to avoid unjust enrichment‚ by permitting plaintiff
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Whose Interests Reign Supreme: Settlor’s Intent vs. Beneficiary’s Interests Trust – The right‚ enforceable solely in equity‚ to the beneficial enjoyment of property to which another person holds the legal title; a property interest held by one person (the trustee) at the request of another (the settlor) for the benefit of a third party (the beneficiary). Settlor – Someone who makes a settlement of property; esp.‚ one who sets up a trust. — Also termed creator; donor; trustor; grantor; founder.
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address the topic of the paper with critical thought. If possible‚ provide a context of a first-person experience where you saw this academic concept in operation. Do not simulate third-party statements of experience * Must conclude with a restatement of the thesis and a conclusion paragraph * Must use APA style as outlined in the approved style guide to document all sources * Must include‚ on the final page‚ a Reference List that is completed according to APA style as outlined in the
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Tort Law | Strict Liability | Alabama Law | | Shannon Martin | 12/22/2011 | | Alabama Tort Law is the only truly comprehensive resource on tort law in Alabama. With expert discussion of proof requisites and defenses‚ it covers all the elements of each tort actionable under Alabama law. It provides the information necessary to determine if there is a case and what is needed to prove or defend it. Alabama Tort Law not only provides up-to-date coverage of relevant case law and analysis
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Midterm Essay Tort Law Torts and Defenses FACTS: Teenage Son has borrowed parent’s car one evening. First‚ he dropped by his girlfriend’s house to pick her up but once there met with considerable resistance from her parents. Her father stood menacingly in front of the car as your son started the engine‚ and your son‚ not one to be intimidated‚ yelled out the window that he would run over her father if he did not get out of the way. The father‚ who doggedly stood his ground until the last
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------------------------------------------------- COMPANY LIQUIDATION - REFORMS AND RESTATEMENT OF THE LAW INTRODUCTION The remit of Working Group D (Insolvency and Corporate Securities) of the Corporate Law Reform Committee (CLRC) is to consider the current law and practice relevant to corporate insolvency. The objective of the review of this area of the law is for the creation of a corporate insolvency framework: * that is facilitative to the winding up of companies where there is no prospect
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Financial Statement Restatement Paper Pasha BicepsACC/537 October 3‚ 2014 Professor GofterFinancial Statement Restatement Paper Every so often companies may have to restate their financial statements to reflect changes made to the accounting in years past. Whether it be due to changes in accounting types‚ the changes in reporting of certain items‚ or egregious errors made by those in the accounting departments‚ it is sometimes necessary for a company to go back and restate its financial statements
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authority – what is the duty of care? iii. Liability – what actions should directors take to insulate themselves and when can they be held liable for breaching duty of care? II. Agency Law - Definitions A. Agency Generally - Restatement (3d) of Agency § 1.01 – Fiduciary relationship that arises when one person (a “principal”) manifests asset to another person (an “agent”) that the agent shall act on the principal’s behalf and subject to the principal’s control‚ and the agent manifests
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relegates customary law to secondary position. What was the impact of the Reception of other laws on customary law? This question is asked because customary law is applicable so long as it is not repugnant to justice and morality. Codification and restatements – because it is not a written body of law and it rests in the breasts of the judge‚ to establish it you have to prove it through evidence as a fact unlike other bodies of law‚ you must prove that that custom exists as a fact. In the period
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good a position as he would have been had the contract been performed” Restatement § 344(a) and § 347 2. Reliance (P back at SQA) - “”being reimbursed for loss caused by reliance” “in as good a position as he would have been had the contract not been made” in the first place. § 344 (b) and § 349 3. Restitution (D back at SQA) – “restore to any him any benefit that he has conferred on the other party” – Restatement § 344(c) and § 371 III. Consideration as a Basis for Enforcement
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