Business Law(BL) John is an offeror as he is putting his property out at 2 million and this offer may also be made to the world at large not just individuals or specific groups of people(Carhill v Carbolic Smoke Ball Co 1893). After having assessing through the situation of Adam and Bill‚ i would like to touch on assessing Adam’s situation first. In this scenario‚ John was the offeror as he offered 2 million for the house and Adam is the offeree but as Adam was the first viewer of the house
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support of her request to enforce the Memorandum of Agreement (“Agreement”) between herself and STEPHEN ROSS (“ROSS/PETITIONER”). The facts and evidence cited herein will demonstrate that it would be procedurally proper to enter a Judgment in this case under Code of Civil Procedure 664.6 by way of the agreement reached at the parties’ informal Settlement Meeting on October 1‚ 2014. I. INTRODUCTION The parties were married on August 18‚ 1998‚ and separated on May 10‚ 2014‚ for a marriage of 15 years
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Law of Agency – the Contracts Act 1950 Great Northern Railway Co v Swaffield states that where impossible to get principal’s instructions‚ the agent’s action is necessary to prevent loss and the agent has acted in good faith‚ an agency of necessity arises. The Contracts Act 1950 states that an agent has to obey principal’s instructions. The Contracts Act 1950 states that an agent has to be careful‚ diligent and use any skill that he may
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study Sisters of ST Joseph of Peace health‚ and hospital services v. Russell -Nature of case: appeal from judgment granting insurer’s motion for directed verdict in action to recover cost of hospital care. -Fact summary: Sisters of St. Joseph of Peace‚ Health‚ and Hospital Services (P) sued Aetna (D) to recover payment for medical care provided to Russell (D) based on
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L.S. 4523 / 5523 Handout 9 Spring‚ 2013 1. What is a material breach of contract? There are three types of material breach. Anticipatory repudiation: A repudiation of contract obligations before they become due. Must be unequivocal (clear statements of a parties refusal to preform when performance is due.) No assurance (demanded writing exceeds 30 days) = repudiation. 1.) Waffling Seller: A seller who equivocates when asked if he’s going to deliver the goods as promised. 2.) Cash
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Contract of sale Table of content 1. The seller’s duty to protect 2. The seller’s duty to deliver 3.1 The meaning of delivery 3.2 How delivery occurs 3. The seller’s ability for latent defects 4.3 General principles 4.4 Requirements for liability 4.5 Scope of the seller’s liability 4.6 Waiver at the time of conclusion of the agreement 4.7 Latent defects in repairs 4. The manufacture & dealer’s liability for latent defect 5
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a valid contract is that it complies with all of the legal requirements for a contract. There are several types of contracts. First is a unilateral contract‚ which is one that only one of the parties involved makes the promise. The other party involved would than act in return for the promise stated. A bilateral contract is when both partied make a promise. An implied contract is when there are surrounding circumstances along with facts‚ which show that a promise was created. A contract is not executed
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Hannah David 11 February 2013 Business Law Rothing v. Kallestad Issues: 1) Whether the district court erred in concluding that hay is not a “product “for purposes of a strict liability in tort cause of action. 2) Whether the District Court erred in concluding that the Rothings negligence claim against Kallestad fails because it was unforeseeable that the hay could cause injury and death to the Rothings’ horses‚ thus no duty of care existed. 3) Whether the District Court erred in concluding that
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It is trite law that an insurer under a contract of indemnity insurance‚ who has satisfied the claim of the insured‚ is entitled to be placed in the insured’s position in respect of all rights and remedies against other parties which were vested in the insured in relation to the subject-matter of the insurance1. Where the insured has proceeded against the third party after the insurer had paid out the claim and without the insurer’s authority as happened in Visser v Incorporated General Insurances
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law of contractWeather contract between Cheff Reez and Marimar Hotel is void. Principle Offer S.2(a) when a person signifies his willingness to do or abstain from doing anything‚ with a view to obtain the assent of that other to the act of abstinence‚ he said to make a proposal. Acceptance S.2(b) when the person to whom the proposal is made signifies his assent thereto‚the proposal is said to be accepted. A proposal when accepted ‚becomes promise. S.7(b) In order to convert a proposal
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