Erin Smith Exercise 11.2 Question 1: What are the “two greatest contributors” to contract disputes? Why is it a good idea to use plain English instead of legalese when drafting a contract? What is a “letter of intent? ” What might be included in a letter of intent to avoid future disagreements over the legal effect of the letter? The two greatest contributors to contract disputes are a) failure to address all possible situations‚ whether deliberately or not‚ and b) ambiguity in the provisions
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pole and that Butterfield was not riding with care‚ Forester should win Trial Court rules in favor of Forrester; Appellate court upholds Incipient use of contributory negligence: principle that a plaintiff is the more liable party in a negligence case‚ cause injury to themselves regardless of defendant Legal Issues: Does the negligence of the plaintiff supersede possible negligence of the defendant? Court’s Analysis: Butterfield would have seen the obstruction if he had used ordinary care.
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careless. a) When carrying out the first annual service‚ Crankit fits a new fuel pump. This malfunctions 24 hours later‚ causing an explosion. Injuries result to Jeremy‚ who lives next door to the factory and the explosion also causes business interruption for 3 weeks. Contract of works and materials - service and goods being provided - SUPPLY OF GOODS AND SERVICES ACT 1982 The fuel pump is defective (not clear if its defective)- s4(2) and (3) - it seems that C supplied this. Discuss
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Title and Citation Mark Koding v. Public Prosecutor [1982] 2 MLJ 120 Facts On 11 October 1978‚ the Accused‚ Mark Koding‚ a lawyer and member of the Dewan Rakyat made a speech in Parliament which was thought to be seditious. He was subsequently charged with committing an offence under Section 4(1)(b) of the Sedition Act. Issues 1. Whether‚ as a Member of Parliament (MP)‚ the Accused’s right of free speech in Parliament‚ given by sections 3 and 8 of the Houses of Parliament (Privileges and Powers)
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April Marshall CASE STUDY THREE questions -- 1. I believe the main ethical issue arises from a generalized lack of concern in certain areas. I do believe that the issue was brought to light way before it was exposed‚ it always is. The concern never takes to find an exit into the profit is dried-up‚ and this case the profit was enough to keep it quiet for strongest they could stand. The dilemma rises up within honesty and the power that was abused. 2. I believe he had help‚ even though he
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Behavior-Oriented Rating Method VS. Results-Oriented Rating Methods The behavior-oriented rating method focuses on an employees behavior. There are two ways that behavior-oriented method is used: employees behavior is compared against other employees or an employee evaluated in terms of performance without reference to others (2005). These two systems are known as relative rating system and absolute rating system. Under the behavior-oriented rating method there are several ranking systems to choose
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Question 1 (b) The problem looks at whether the existence of contract entitled Albert to claim for a breach of contract from Charlie with four elements of contract to be established here: that the offer been made by Albert and has been accepted by Charlie‚ that parties intend to create legal relationship and that the consideration was provided. The issue here is to determine if a reasonable person would consider offer had been made. An offer may be described as the indication of one person to another
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3. Contract Law “Is My Agreement an Enforceable Contract?” The Law of Contract involves answering 4 questions: (1) Is my agreement an enforceable contract? Are all of the elements of a contract present. (2) If so‚ what does it require me (and the other party) to do? - What “promises” have become terms of the contract. (3) Can I get out of it (without paying some form of penalty)? - Was the formation of the contract defective in some way (ie were there any ‘vitiating elements’ present)
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References: USLEGAL.COM‚ Quit Claim Deed Law & Legal Definition‚ http://definitions.uslegal.com/q/quit-claim-deed/
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promoter for not disclosing the payment from the insurance company. (50 marks) Your answer should be approximately 1500 words long and should address all the issues raised in the question. You must refer to relevant legislation‚ legal principles and case law. Marks will be deducted if your answer is more than 150 words outside the word limit. You are expected to word count your work and include a note of this at the end. You should read the grading criteria in your module booklet before attempting the
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