attention to the contractual liabilities‚ if the contract is terminated for default‚ and request the contractor to “show cause” why the contract should not be terminated for default. The “show cause” notice may further state that failure of the contractor to present an explanation may be taken as an admission that no valid explanation exists. When appropriate‚ the notice may invite the contractor to discuss the matter at a conference. If a contract is terminated for default or a procedure authorized
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The authority of an agent is the act which he is allowed or authorised to do by his principal‚ and which will bind his/her principal. Usually‚ the principal will only be bound by the act of the agent if the agent acts within his/her authority. There are two types of authority which an agent could rely on‚ namely actual authority and apparent or ostensible authority. Actual authority is the authority given by the principal to the agent and could be in written or oral form. The capacity of an
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PLAINTIFF’S REQUESTS FOR ADMISSION Plaintiff‚ Greater New York Mutual‚ by and through undersigned counsel and pursuant to Rule 36 of the Superior Court Rules of Civil Procedure‚ request that‚ Defendant Joseph P. Spadaro & Sons‚ Inc.‚ admit to the truth of the following facts and admit to the genuineness of the attached documents. In accordance with Rule 36‚ your responses must be filed within thirty (30) days after service of these requests your response to each request must specify an objection
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OCCUPIERS LIABILITY The occupancy of premises is affected by two statues: 1) The occupier’s liability act 1957. Under this act there is a duty to keep safe and lawful visitors to the premises 2) The occupier’s liability act 1984. Where an occupier may owe a duty to protect trespassers onto the premises. LAWFUL VISITORS A lawful visitor has permission to enter premises. This can be expressed permission of implied. There are four situations covering implied permissions: 1) If the occupier
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Funding Ctr.‚ Inc. v. H & G Operating Corp.‚ 48 A.D.3d 908‚ 909‚ 853 N.Y.S.2d 178‚ 180 (2008)‚ the court held that the plaintiff commenced the action for specific performance and notice of pendency in bad faith‚ as they were unable to perform on the contract at the time‚ and therefore the cancellation was under the purview of 6514(b)‚ and the defendant was entitled to costs and
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FASB Accounting Standards Codification (ASC) Section 958-605-25 requires that not-for-profits wait to recognize a contribution until they are satisfied that the likelihood is remote that the conditions that accompany the contribution will not be met (Tysiac‚ 2017). According to FASB ASC 958-605-8‚ pursuant to paragraph 958-605-25-2‚ an unconditional promise to give shall be recognized when it is received. There must be satisfactory confirmation that a promise was made and received in the form
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No Contribution Required Of Excess Insurer Where It Did Not Consent To Settlement In February‚ the California Court of Appeal ruled in Doe Run Resources Corp v. Fidelity & Casualty Co. of New York that an excess insurer did not have to contribute to the settlement where the insured failed to obtain its consent before signing the settlement agreement. The case involved a complaint filed in 2001 by residents of Herculaneum‚ Missouri alleging that the defendant mining-company‚ Doe Run’s‚ lead and
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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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COMES NOW Defendants‚ Shingua Tire Co. Ltd. (“Shingua Tire”)‚ by and through undersigned counsel‚ and hereby moves to dismiss Plaintiff’s Complaint for lack of personal jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2) and states as follows: INTRODUCTION The Cause at hand represents a negligence claim against Shingua Tire. Plaintiff further alleges that Shingua Tire assumed a duty to the employees of its subsidiary Shingua Tire Illinois and failed to exercise reasonable care in rendering services
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Legal writing and credit For a trust instrument to be valid and effective‚ it must be properly constituted. For a trust to be deemed as completely constituted‚ all of the relevant formalities must have been satisfied by the settlor‚ hence the legal title of the property must transfer to the trustees. The reason for a conveyance of property to the hands of trustee is explained in Milroy v Lord (1862) by Turner L.J. is that a valid and effectual voluntary settlement will exist‚ when the settlor
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