What are the defenses to a breach of contract? If someone is accused of breach of contract‚ there are a number of defenses available to argue that a contract should not be enforced. If any of the basic contract elements are missing‚ or if the contract was made with someone of diminished capacity or for illegal purposes‚ a contract can be unenforceable. Some other examples of potential defenses to enforcement of a contract are mutual or unilateral mistake‚ duress or undue influence‚ unconscionability
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The Recalcitrant Director If I was one of the board members‚ I would have voted for the proposal opening a temporary plant for three years. The temporary facility should be able to supply enough outputs to meet current demand for three years until the state-of-the-art manufacturing facility is completed and is fully operated. Apparently the plant had a few shortcomings‚ though these flaws would contribute to higher costs and lower profits; the facility would be closed down when the new facility
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Jennings sold the Thunderbird to another party. On September 29‚ Wheeler accepted Jennings’s offer and tendered $13‚500. When Jennings told Wheeler he had sold the car to another party‚ Wheeler claimed Jennings had breached their contract. Is Jennings in breach? Explain. Legal environments in business Today legal environment of business is full of agreements between individuals and business. Although oral agreements can be used to constitute a sale contract‚ but most corporations used formal written
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Duty to Warn Jessica Hall PSYCH/545 09/4/2011 Dr. P. Duty to Warn The ethical dilemma I wish to explore is The Duty to Warn. This refers to the duty of a counselor‚ therapist to breach one of the most important bonds between a client and a therapist; the law of confidentiality. The therapist has the right to break confidentiality without the fear of being brought up for legal action. If the therapist believes that the client poses a danger‚ or is a threat to himself‚ someone else‚ or society
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The Role of Boards of Directors in Corporate Governance: A Conceptual Framework & Survey∗ Ren´e B. Adams‚† Benjamin E. Hermalin‚‡ and Michael S. Weisbach§ e April ‚ Abstract This paper is a survey of the literature on boards of directors‚ with an emphasis on research done subsequent to the Hermalin and Weisbach (2003) survey. The two questions most asked about boards are what determines their makeup and what determines their actions? These questions are fundamentally intertwined‚ which
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DIRECTOR OF MARKETING Reporting the VP Sales and Marketing I am responsible for establishing and implementing strategic and tactical communication plans designed to capitalize a market opportunities and generate demand. I build a creative‚ integrated‚ multi-channel marketing department that builds reputation‚ provides a steady flow of sales leads and measures the return on marketing program investments. Particular in a start-up company like we are the right way of promoting a new company and its
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A National Security Breach Citi mortgage‚ a subsidiary of Citi Bank has issued a national PR release. Citi Mortgage of Fenton‚ Missouri‚ has publicly notified the public as of May 20‚ 2006 several hundred mortgage applications filed by previous Citi Mortgage customers have been lost by The United Parcel Service package company of Earth City‚ Missouri. Citi mortgage member’s social security numbers‚ salary information‚ bank account identification numbers and the home address of clients and their
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to Layton in CINCPAC‚ linking him directly with Nimitz‚ who was technically outside of his chain of command (Symonds 138). Nimitz had no problem with this‚ as he put complete faith in Rochefort’s abilities‚ which proved essential for the case of Midway. In one case‚ Rochefort’s team was receiving intelligence that the Japanese attack would occur on location “AF”. HYPO had deduced with little doubt that the location was Midway‚ but for whatever reason Redman refused to share the information with the
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Breach of Contract & Remedies 1 Breach of contract Nature of breach A breach of contract occurs where a party to a contract fails to perform‚ precisely and exactly‚ his obligations under the contract. This can take various forms for example‚ the failure to supply goods or perform a service as agreed. Breach of contract may be either actual or anticipatory. Actual breach occurs where one party refuses to form his side of the bargain on the due date or performs incompletely. For example: Poussard
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1. Identify & describe the failure points in TJX’s security that requires attention (including‚ but not limited to: People‚ Work Process‚ and Technology)? After analyzing the Ivey case on TJX data fiasco‚ I would say there were three major failure points that caused this $168MM financial hit to the corporation. • Technology: it is obvious that TJX had several technology deficiencies mainly driven by systems limitations and vulnerability. For example‚ inadequate wireless network security
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