Did Win breach his fiduciary duty to Hailey? Fiduciary Duty Cal Family Code § 721 A husband and wife owe to each other a duty of highest good faith and fair dealing‚ and neither shall take any unfair advantage of the other. The duty is including but not limited to‚ providing each spouse access to records regarding transactions and accounting information‚ concerning the community property. Cal Family Code § 1100 (e) Each spouse has an obligation with respect to the management and control of the
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AND CONTRACT LEGAL STUDIES Table of Contents Introduction 5 The Common Law 6 The Law of Contract 6 The Rules of Offer and Acceptance 7 Electronic Communications 9 Contracts between Parties of different Nationalities 11 Intention to create Legal Relationships 12 Form and Consideration 13 Capacity to Contract 15 Consent of the Parties 15 Legality of Object 16 Content and Interpretation of Contracts 17 Breach of Contract 18 Liquidated Damages 19 Equitable Remedies 24 Discharge of Contracts 24 Modification
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Introduction For a contract to appear in the situation of the question‚ one of agent employed to do any act for another while one of principal which is represented in business transactions….. Issues Ian had been assigned to be in charge of an art gallery that owned by Sarah while she is away on a business trip. Ian understood that he cannot buy any item for the gallery without approval and cannot offer a discount on any displayed items without Sarah’s permission. While Sarah is away‚ Ian sold an
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CONTRACTS Stages in the life of a contract: 1. Preparation/Generation 2. Perfection/Birth 3. Consummation/Death Characteristics of Contracts: (ROMA) 1. Relativity (Art. 1311) 2. Obligatoriness & Consensuality (Art. 1315) 3. Mutuality (Art. 1308) 4. Autonomy (Art. 1306) Stipulation pour Autrui - stipulation in favor of a 3rd party. Requisites: 1. The stipulation must be part‚ not whole of the contract; 2. the contracting parties must have clearly and deliberately conferred
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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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PAPER – CONTRACT 1 Define contract. Explain the essentials of valid contract. A voluntary‚ deliberate‚ and legally binding agreement between two or more competent parties. Contracts are usually written but may be spoken or implied‚ and generally have to do with employment‚ sale or lease‚ or tenancy. 1. Essentials of a valid contract All agreements are not contracts. Only that agreements which is enforceable at law is a contract. An agreement which is enforceable at law cannot be contract. Thus
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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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Did Amy bound by her promise? In Amy’s case‚ have no doubt‚ Amy is the offeror who provides an offer to Beryl and her family who have accepted it by receive Amy’s money or others. However‚ there are requirements to form a valid contract other than offer and acceptance‚ that are‚ intention to create legal relation and consideration. What is consideration? It can be describe as being something which represent either some benefit to the person making a promise or some detriment to the person to whom
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Duncan the $8000? Why? Ans: No‚ Mary is not contractually obliged to pay Duncan the $8000. In the given case‚ there are circumstances that make this contract voidable. It is seen that Mary was intimidated by the Duncan presence and immediately agreed the Duncan’s offer. It seems that Mary was under the undue influence (even if Duncan has not such intention) while she concluded the contract because Duncan has represented himself in such a way that has probability to influence the mind of ordinary
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Contract Digital Marketing Consultancy Services Deciding promoting procedure for an effective business is a troublesome choice. While some organizations have cheerfully grasped the most recent procedures‚ numerous are as yet attempting to stay aware of patterns. Computerized promoting can be overpowering‚ along these lines one needs to completely comprehend the dangers and complex difficulties. Advanced counseling firms can offer your business some assistance with gaining an upper hand. They offer
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