work for the contract to be sent off to be closed. i. The conditions of the closing were that there was no deposit to be paid but that a special clause was to be included. c. When the closing date arrived‚ Thomas‚ representing his un-incorporated business‚ did not have the funds. II. Facts relevant to legal issue a. The buyer was not able to fulfill the contract. b. The contract - The clause - Any failure to close within 2 days of the stated closing date shall be deemed a breach of contract. Legal
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she is a victim of a medical malpractice and of Texas’ newly reformed tort laws. Texas lawmakers unanimously passed a tort reform package in 2003 which topped noneconomic damages that a plaintiff could receive in medical malpractice at $250‚000. That became the negligence standard for emergency care. It also required an expert witness to substantiate evidence of negligence before a trial. Tort reform advocates approve the law as a way to reduce frivolous lawsuits against health care providers and organizations
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are some similarities between Rafi’s case and some previous cases in which the court rules the contracts to be invalid due to bilateral mistakes. In Raffles‚ the court makes it clear that the contract is avoidable if both parties are mistaken about a key term in the contract. When making the contract‚ the defendant meant one “Pearless” and the plaintiff another. There was no agreement on the same issue‚ and therefore there is no binding contracti. In Rafi’s case‚ both parties attempt to make an agreement
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if management thinks it’s warranted.” Profits remain high‚ but no bonus is paid. If the employees sue‚ would a court enforce the promise? The fact that a promise has been made does not mean the promise can or will be enforced. Under the common law‚ a primary basis for the enforcement of promises is consideration. Consideration usually is defined as the value (such as cash) given in return for a promise (in a bilateral contract) or in return for a performance (in a unilateral contract) Something
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Business Discussion You own University Heights Apartments‚ a business that rents primarily to students. One evening‚ your tenant Sharon is attacked by an intruder who forces the lock on the sliding glass door of her ground-floor apartment. Sharon’s screams attract the attention of Darryl‚ your resident manager‚ who comes to Sharon’s aid. Together‚ he and Sharon drive the intruder off‚ but not before they both are badly cut by the intruder. 1. Is the intruder liable for what he has done? a. Yes
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District Forum under the Consumer Protection Act‚ 1986 seeking relief by way of compensation on the ground that there was deficiency in service by the nursing home. Does his complaint give rise to a consumer dispute? Who is the consumer in the instant case? Explain briefly? b) Smart booked a motor vehicle through one of the dealers. He was informed subsequently that the procedure for purchasing the motor vehicle had changed and was called upon to make further payment to continue the booking before
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“Law on the books is found in constitutions‚ laws enacted by legislative bodies‚ regulations issued by administrative agencies‚ and cases decided by courts‚ little doubt exists that decisions by the U.S Supreme court have far-reaching ramifications” (Neubauer & Fradella‚ 2014). On the other hand “The law in action perspective stresses the importance of discretion. At virtually every step of the process‚ a choice has to be made whether to move the case to the next step or stop it now. These decisions
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takes longer and cost more because the arbitrator needs time to hear from both parties‚ analyze facts‚ examine evidence and determine a ruling that is legally binding. Usually parties who decide to use the mediation process will continue to conduct business with each other; typically parties who use arbitration
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Page 1: Pinal and Maricopa Counties & Surrounding Areas‚ Criminal Law - http://www.lawofficetucsonaz.com/criminal_law.html If you’ve been charged with a crime in Tucson‚ AZ‚ you may want to know how you can minimize legal damage and avoid a criminal record. When you want to protect yourself and need legal representation‚ consider coming to the Law Office of Donielle Wright. I could analyze your criminal law case and help you understand your constitutional rights. Here to Defend You My goal is
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Resolving Ethical Business Challenges Chapter One 1. What are the potential ethical issues faced by Acme Corporation? Acme is essentially bribing buyers to purchase their products. This could backfire on them if the buyers company gets wind of it. The reaction of the company may be to fire their buyer and cut off Acme all together. This of course could be potentially fatal for Acme in two ways‚ one by damaging their infrastructure though lost revenue and two by damaging their corporate
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