available for breach of contract When signing a contract not only are you agreeing to the terms of this contract you are agreeing to the consequences if breach the contract. There are many remedies available if one of the party’s breaches the contract and if the party who breached the contract doesn’t agree to the consequences then the matter will be taken to court. A breach of contract can be defined as a party failing to perform‚ precisely and exactly‚ his obligations under the contract. However a
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principal‚ Fred the agent and the plumber the third party. There are many rules when it comes to the creation of an agency contract‚ mainly the principal must be in existence during time of agreement and he must also know and authorize the agreement. If an agent makes a decision on behalf of a principal who is unaware of the decision this can still be seen as an agency contract through ratification‚ “to ratify”(to adopt) [Blackburn‚ G.B‚ 2011. Business Law in Scotland . 2nd ed. Alva Street‚ Edinburgh:
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top of the plaintiffs Mercedes Benz. All the plaintiff is requesting is the $3‚000 she has spent on the carport. Ms. Villette filed a lawsuit opposing Sheldorado expecting the return of her $3000. Ms. Villette and Sheldorado‚ had no formal written contract‚ however‚ there was a bill of sale; it is dated 11 July‚ 2000. Ms. Villette and Mr. Finklestein (salesman) each signed this document. There were no advertisements or promotions connected to this sale. Ms. Villette testified that no express warranty
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has any writing about the promise can evidence the warranty against defect. Manufacturers‚ suppliers and the service providers must comply with that warranty‚ otherwise consumer can take actions against the business or person under the ACL or the contract. Extended warranties Some business may provide a choice of buying an extended warranty or care package which extend the length of the time under the protection of the manufacturer’s warranty. Some might tell you that the extended warranty provides
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Issues 1.Andy vs. Bill Is there any contract between Andy and Bill? • Invitation to offer in general • Acceptance in terms of offer • Meeting of minds 2.Andy vs. Ciara Significant issues which needs to be considered are as follows :- • Query for more information • Acceptance of the offer 3. Andy vs. Denis • Validity of the contract • Acceptance needs to be communicated. Rules and Application Andy vs. Bill 1) Invitation to offer in general – The argument here to be discuss is whether there is
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from oral and written contracts. The defendant (Anderson) claims to have agreed to the contracts on the stipulation that the script would be revised concerning nudity and simulated sex scenes‚ and upon reading the final script and seeing simulated sex scenes still included‚ walked out. 2. What is the legal issue? The Private Movie Co. is suing for damages that the defendant caused by not fulfilling the oral and written contracts. The defendant claims that the contracts were only binding if the
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between CableCo and CoAx qualifies as a bill-and-hold sale. Application of the Rules Several uncertainties and issues of this case come to light when referencing the aforementioned ASC rules. As outlined in ASC 606-10-25-1‚ the requirements for a contract to exist are clearly met between CoAx and CableCo. ASC 606-10-25-14 and ASC 606-10-25-30 clarify that CoAx owes CableCo
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An invitation to treat is an action inviting other parties to make an offer to form a contract. These actions may sometimes appear to be offers them‚ and the difference can sometimes be difficult to determine. The distinction is important because accepting an offer creates a binding contract while "accepting" an invitation to treat is actually making an offer. Advertisements are usually invitations to treat‚ which allows sellers to refuse to sell products at prices mistakenly marked. Advertisements
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This matter is an application for conditional bail your honour. Mrs. Ayoub is a 51 year old divorced woman that lives on her own and has been charged with larceny under section 117‚ common assault under section 61 and resisting arrest‚ under section 58 of the Crimes Act 1900. Your honour‚ I submit my client has neither presumption in favour or against bail as she doesn’t fall under sections 8 to 9. Therefore Mrs. Ayoub has no presumption for bail however‚ under section 13 of the Bail Act‚ my client
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Since both Circuitron Corporation and the property owner‚ 82 Milbar Boulevard Corp.‚ had filed for bankruptcy in 1986 and 1987‚ respectively‚ EPA performed the Remedial Design and Remedial Action (RD/RA) for the site. And ICF Corporation and Ebasco Services Incorporated respectively performed the Remedial Design in the OU-1 ROD and OU-2 ROD on behalf of EPA. For the Remedial Action‚ EPA entered into an interagency agreement (IAG) with the U.S. Army Corps of Engineers (USACE) for the implementation
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