The preliminary issue in the question is fast food restaurant is vicariously liable for the Cathy’s negligence. Since the concerns about the law of tort‚ the following analysis will focus on the possible tortuous liability instead of the potential breach of the contractual obligation and the criminal acts. In principle of vicarious liability‚ to make an employer liable for a wrong committed by an employee‚ the plaintiff must establish that: 1. defendant is an employee ( as opposed to an independent
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Genuine Assent Are you for real? -Valid‚ void‚ voidable. -Valid: perfectly fine contract. -Void: contract cannot be used. -Voidable: a party of the contract has the right to declare it void. -Unilateral Mistake: mistake by one party‚ has no effect on the contract. Contract must be followed‚ even with mistakes. Valid contract. -Mutual Mistake: mistake made by both parties. Causes agreements to be void. -Existence of subject matter. -Nature of the agreement. (For some really good
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the private information during the closing phase of the contract—only after it had been clearly implied the contract would be his. Unfortunately‚ the contract did not materialize. Jim found a better deal. Mark is really upset by Jim’s lack of business ethics. He is also a little worried about keeping his job. He now believes that many of the statements made throughout the contract discussions and negotiations were false and deliberately misleading. Question OK dad/mom‚ your son Mark needs some
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Business Law I January 31‚ 2013 Corporate Structure Assessments Part A: A sole proprietorship is a type of business entity that is owned and run by one individual and in which there is no legal distinction between the owner and the business. The owner receives all profits (subject to taxation specific to the business) and has unlimited responsibility for all losses and debts. The IRS does not consider the sole proprietorship as a separate business entity. The owner reports
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practice law if they do not pay their bar fees. What if any defenses‚ contractual arguments or counterclaims would the Lawyer have? The lawyer will not have any defenses‚ contractual arguments or counterclaims since he disobeyed the state statute by not paying his bar dues. Will he prevail in his defenses or his counterclaims? Not at all! The lawyer will not prevail with a defense or a counterclaim since he did not pay his bar fees. As a result‚ he could be suspended from the practice of law for time
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Requesting approval for payment; on 03/27/17 we received a payment request totaling $1‚491‚390 ($1‚225‚000 Loss & $266‚390) involving our Public Auto XOL contract effective 01/01/13. Our current o/s reserve is $1‚451‚950‚ an increase of $35‚558 in the loss adjustment expense is required‚ which will increase our total incurred to $1‚491‚390. The required pay time form has been tasked to K. Haniff. IAT issued a commercial auto policy effective 10/01/13 – 10/01/14 with limits of $5‚000‚000‚ the date
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(August 2012) Master of Business Administration - MBA Semester 4 “Operations Management” Specialization OM 0015 – Maintenance Management (4 credits) (Book ID: B1340) ASSIGNMENT- Set 1 Marks 60 Note: Each Question carries 10 marks. Answer all the questions. 1. a. Describe the three categories of maintenance activities b. What are the three stages in the lifecycle management of any machinery? 2. Explain briefly the metrics that can be developed by the maintenance department to identify
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Bill French case In this case‚ Bill French had gathered information and calculated Break Even Point (BEP) based on few assumptions: 1) Product mix considered constant. 2) Considered that there is just one breakeven point for the company. 3) Fixed and variable cost is assumed to be constant. 4) No inventory. 5) Price assumed to be fixed. Calculation of breakeven point based on assumptions: Table 1: Initial Cost analysis Initial Calculation Aggregates A’ B’ C’ Sales at full capacity (Unit) 2000000
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This situation between John and Mark is kind of unique. John signs a contract to sell some of his property to Mark on August 1st‚ but John delays the date until November 1st and we do not know the reason for Johns delay. This makes Mark must incur additional expenses for his national dog breeding company called Remington Sporting Dog Breeders. Mark must find a suitable alternate location to house his dogs until the new November closing date. Before I read the chapters this week I looked over this
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Introduction In the Law of Contract the phrase “mistake” & “Misrepresentation” is applied when one or both parties of a contract act under a false or mistaken understanding. Mistake can be defined by Pendleton ‚ Vickery (1998)‚ [1] as; ➢ A misunderstanding regarding a fact‚ causing one or more parties to hold disagreeing beliefs about the foundation of a contract. Mistakes can be made in the form of a contracts subject matter or as a mistake of identity. There are 3 different types of mistake
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