Harvey vs Facey. Harvey sent a telegram to Facey starting ‘Will you sell us Bumper Hall Pen? Telegraph lowest price’. Face replied‚ “ Lowest price 900 POUND. Harvey telegraphed back‚ “ We agree to buy for 900 Pound.’ Face declined to sell and Harvey brought the matter to court. The court held that Facey’s reply was not an offer to sell for 900Pound but was only merely furnishing information which later may or may not be used in negotiations leading to sale. Patridge vs Crittenden Patridge inserted
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Case 5.1 - A Strategy is Born Grand Canyon University: ADM-624 01/09/2013 The events that were described in this case study sounds to me as if they started off with the planning model of Rational Planning. I say this due to the fact that all the right parties were alerted to what needed to be done with goals being said and set to be put into place for starters. This did help with the main concerns being priorities and kept to along with formations being followed with effective organized tactics
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Law and Corporate Managers – Prof. Larry Franklin Question Two A. (i) For refusal In order to honor the LC‚ the Seller has to comply exactly with the terms of the letter of credit. There are numerous typo errors in the LC and misspellings of the destination port and the Seller name‚ hence only a waiver of the discrepancies from JFTC will enable Bank of China to pay the Seller. As long as the waiver is not received‚ the BOC cannot make any payments. BOC has to state why it is not going to
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There are four main elements that must be in a contract to deem it valid. The first of which is an offer. The offer is the initial start to any interaction from one or more parties intending to enter into a contract. An offer is defined as‚ the price at which an individual is willing to sell a security or commodity. This is the opposite of bid‚ which is the price at which an individual is willing to buy a security. An offer is the same as an Ask. The person to make the offer or have something
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Stephanie Van Horn Case 11-4 Dorris Reed‚ the plaintiff‚ purchased a home from Robert King. Robert King and his real estate agent did not tell Dorris Reed that a woman and her four children were murdered 10 years ago‚ because the murder would affect the value of the home. Dorris Reed‚ however‚ did find out about the murder from a neighbor and sued Robert King and his real estate agent for rescission and damages. Dorris Reed paid $76‚000 for the home but the value of the house‚ once the murder
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Problem 1 a) Can Tim sue his father Jack on the basis that the parties intended to contract‚ and that sufficient consideration was applied? b) The relevant rules are every simple contract must be supported by consideration‚ a promise to fulfil the terms of a contract is not always good consideration‚ and the rule that an agreement that is commercial in character can amount to a binding contract c) Todd v Nicol [1957] SASR 72 (Supreme Court of Australia) d) Yes‚ Tim might be successful in court
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Case Study Case 1 A Sydney tramway passenger was injured in a collision with another tram‚ which occurred after the driver collapsed at the controls. The plaintiff argued that the collision could have been avoided if the tramway authority had fitted the tram with a system known as ‘dead man’s handle’‚ a system in use on Sydney’s trains. This would have stopped the tram and avoided the accident. The device had been rejected by the tramway authorities because it was felt that it could cause drivers
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Chapter 12 Legal Value * Promise to do something that one has no PRIOR legal duty to do. * A performance of an action that one is not obligated to do * Refraining from an action that one has a legal right to do (forbearance) Rescission- the opposite of forming a contract‚ and bring the parties to the positions they occupied before the contract was made Past consideration- no consideration or a promise to give another something of value in return for goods or services rendered and
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Q1: What is a tort? Tort: A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another. Q2: What are the four elements of negligence? They are Duty‚ Breach‚ Injury‚ and Causation. Q3: Is Shannon liable for the tort of negligence? Yes‚ she is. First of all‚ she has been told by her physician that not to drive after taking the medication. Thus she has the duty not to drive in order to take care
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PBUS01—Summer 2013 Final Project Name: Alice 1. Case Name‚ Citation‚ and Court PETROLEUM REFRACTIONATING CORPORATION v.KENDRICK OIL CO. 65 F.2d 997 (1933) No. 774. Circuit Court of Appeals‚ Tenth Circuit. 2. Key Facts A. The Kendrick Company ordered a special grade of oil 1‚500‚000 gallons‚ 10% more or less from the Petroleum Corporation on January 15‚ 1932. B. Under the terms of the contract‚ the Petroleum Corporation agreed either to sell and deliver the oil or to discontinue making
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