Contract Remedies BA265 Business Law II Terrance L. Williams Grantham University December 8‚ 2012 Contract Remedies In our case of National Drilling Company filing suit against Overland Transport‚ Inc. asking compensatory‚ consequential‚ and punitive damages‚ the recovery of National will be based on Quasi Contract. As one reads through the scenario‚ he or she may ask themselves a few questions. What were the exact terms of the contract between National Drilling and Overland Transport
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2.1 Definition of Proposal/Offer Section 2(a) of the Contract Acts 1950 provides that: “when one person signifies to another his willingness to do or to abstain from doing anything‚ with a view to obtain the assent of that other to the act or abstinence‚ he is said to make a proposal”. Eg: Ali advertised in Malay Mails that he will give a reward of RM100 to anyone who finds his pet. He signified his willingness to do an act‚ which is to pay a reward‚ upon certain terms‚ with a view of obtaining
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1. What accounted for the growth of Foxconn? Technically a subsidiary of Hon Hai Precision Industry Co.‚ Ltd.‚ Foxconn opened its first mainland Chinese plant in 1988‚ and now operates 13 factories in nine Chinese cities and a growing constellation of factories in nine foreign countries. Founded by Taiwanese entrepreneur Terry Gou with $7‚500 he borrowed from his mother Hon Hai went public on the Taiwan stock exchange in 1991. Within a year of its starting to manufacture
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delay must be compensated. The amount of compensation is usually set in advance and called ‘liquidated damages’ - Use a straightforward calendar date to name the delivery date: 15th September 2010‚ for example. The parties often plan for the contract to come into existence in two steps: the signature date and the date of coming into force. The date of coming into force is not usually a calendar date‚ but the date on which the last precondition is met. Common preconditions are: + Receipt
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Contract With America In the historic 1994 midterm elections‚ Republicans won a majority in Congress for the first time in forty years‚ partly on the appeal of a platform called the Contract with America. Put forward by House Republicans‚ this sweeping ten-point plan promised to reshape government. Its main theme was the decentralization of federal authority‚ deregulation‚ tax cuts‚ reform of social programs‚ increased power for states‚ a balanced federal budget were its chief ambitions. With
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Employment-at-Will Doctrine Assignment 2 Ebony Hill Course Name: LEG500 Date: February 9‚ 2015 Executive Summary As a recently-hired Chief Operating Officer (“COO”) in a midsize company preparing for an Initial Public Offering (“IPO”)‚ I quickly discovered multiple personnel problems that require immediate attention. I have provided some recommendations on how to resolve these problems‚ in light of the employment-at-will doctrine and the current state of whistleblower laws. The Employment-at-Will
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BUS103 Assignment Ellyn Hurst Florentina Benga Wednesay 4.00 – 5.00 Word count: 1418 A contract is an agreement containing promises made between two or more parties with the intention of creating legal rights and obligations enforceable in a court of law. There are three essential elements that must be proven to establish a contract. The first element that must be established is whether or not there was an agreement between the parties. There must be an offer proposed by on party‚ and
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A valid contract consists of all essential components which present and the court will enforce as a legally binding promise . One of the elements contract to create a contract is agreement which included an offer and acceptance. “Acceptance is a final and unqualified assent to the terms of the offer‚ made in the manner specified or indicated by the offeror” . Acceptance may be express orally‚ in writing‚ occasionally‚ or even by implied from the offeree’s conduct. In communication of acceptance‚
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Zidisha Microfinance Member Legal Contract This is a legally binding contract between (Applicant Name) ____________________________________________ of Address ____________________________________________________________________________________ and National Identity Number ___________________________ and Zidisha Inc. (Zidisha)‚ a nonprofit organization located at 21900 Muirfield Circle #302‚ Sterling‚ Virginia 20164 United States. I‚ (Applicant Name) ____________________________________________
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Sample Contract Exercise Contracts are the bloodline of business. Thus it is absolutely crucial that you understand what you are or your business is signing. We have looked at some common clauses found in contracts like restraint of trade clauses‚ exclusion clauses and liquidated damages clauses. In addition to these‚ there are many other common clauses and the purpose of this exercise is to highlight these clauses as well. If you do a simple search in the Internet you will realize that many of
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