Harry (H) who is the father of James (J) is attempting to sue J for a breach in contract and is seeking damages of $30‚000 which he believes is the outstanding amount that is owed to him by J. This case touches on the fundamental concepts of contract law where H can only claim damages if the formation of a valid contract between the two parties is evident via the elements of a contract‚ including intention‚ agreement‚ consideration‚ legal capacity‚ genuine consent and legality of objects must be established
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Addressing International Legal and Ethical Issues Contemporary Business Law/LAW 421 Monday‚ 18 February 2013 The issues involved in resolving legal disputes in international Transactions are the changes that are mad to international laws and regulations. The largest focus is the minimum wages. What is most discussed is China has a cheap labor force compared to America. This increases the profits for the company who outsources to cheaper labor cost. If the China manufacturing do not meet
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went to court to sue the bank for a breach of contract. The breach was as a result of the good faith covenant and fair dealing. Additionally‚ she felt that the mortgage transaction was an example of unfair practice of violations in business under the unfair competition law of the state of California concerning unjust conversion and enrichment. On the basis of the second amended complaint‚ the bank had maintained the activity of procuring costly replacement insurance when mortgagors made a default on
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losing party would be subject to very harsh and unreasonable bc the contract was unenforced Categories of illegal agreements 1)that violate statutes (break laws or are directly assisting in broken laws) 2)violate public policy 3)unconscionable agreements and contracts of adhesion Noncompetition clauses 1) Clause must serve a legitimate business purpose 2) The restriction on competition must be reasonable in time‚ geographic area and scope.3) The clause should not impose any undue hardship.. -Very
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the same consequences has taken place‚ where by a prominent member of the political party (Jonathan) threatened to persuade all Richard’s existing customers to award function tenders to Jonathan’s brother. This was a business threat to Richard‚ and due to fear of losing his business and model‚ Richard could have entered the agreement but not with his consent. Besides that‚ this case is also said to be induced by ‘undue influence’ (according to section 16 (1)‚ where the relations
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trees and no one should bear responsibility for Galindo’s death. It is an accident that is beyond the human ability to prevent and the case should be dismissed. Support your decision with an appropriate rule of law. The decision is based on custom/defenses to negligence. Custom rule of law states that there is no breach when the defendant acts in line as everyone else. And in this case the act of ignoring a leaning tree is
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Jonah Watson Business Law Case Analysis #3 IN YOUR COURT A remedy is the relief provided for an innocent party when the other party has breached the contract. There are two types of remedies; remedies in equity and remedies at law. Remedies in equity are only awarded only if the remedy at law is inadequate. Remedies at law normally award monetary damages Ken‚ the owner of a famous candy store‚ and Sweet‚ Inc. have entered into a contract‚ essentially designating Sweet‚ Inc. as his
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Unjust-contract. d. Unilateral-contract. A [easy p. 197] 57. Which of the following are two terms for concept or situation? a. Implied-in-law contract and implied-in-fact contract. b. Implied-in-law contract and quasi-contract. c. Implied-in-fact contract and quasi-contract. d. Unilateral contract and informal contract. e. Formal contract and implied-in-law contract. B [moderate p. 197] 58. Which of the following is needed to impose a quasi-contract? a. A benefit having been conferred and injustice
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Business Law Can Big Bank’s president rescind the contract? Yes‚ but this is an involved process and both parties need to agree to modify it. This is because both parties had problems fulfilling their parts of the contract. Also‚ an organization (the Big Bank) can cannot eradicate the business contract‚ because since their party did something improper (that seems to be them whom input the data incorrectly). Under what circumstances can a contract be rescinded by either party? This can happen when
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other law‚ or by order of the court. The maximum penalty is disbarment. 4- Under what circumstances should a lawyer terminate his representation of a client? If the representation will result in violation of the Georgia Rules of Professional Conduct or other law‚ the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client‚ or the lawyer is discharged. 5- What does it mean for a lawyer to act as an advisor? A lawyer may refer not only to law but to
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