CHAPTER 2: EFFECTS DOCTRINE UNDER EU‚ US AND INDIAN LAWS. Under the Effects Doctrine‚ a State may assume jurisdiction when an act is committed in another State‚ by citizens or companies of other states‚ has effects in the former. This was accepted by the Permanent Court of International Justice in the S.S.Lotus case. Back in 1909‚ in the case of American Banana Co. v. United Fruit Co.‚ all the acts complained of were committed outside the territory of the United States‚ including the defendant’s
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Implied Warranties Case Study Implied Warranties FACTS: Peter and Tanya Rothing operated Diamond R Stables near Belgrade‚ Montana‚ where they bred‚ trained and sold horses. Arnold Kallestad owns a ranch in Gallatin County‚ Montana‚ where he grows hay and grain‚ and raise Red Angus cattle. For more than twenty years‚ Kallestad has sold between 300 and 1‚000 tons of hay annually‚ sometimes advertising it for sale in the Bozeman Daily Chronicle. In 2001‚ the Rothing’s bought hay from Kallestad
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this part of the case is the lack of a presence of a legal contract. The question lies upon whether Dark is entitled to pay the maintenance amount of $100 per week to Cindy as agreed upon. More specifically‚ the case addresses the issue of whether Dark is bound by a possibly existent contract that is‚ Cindy and Dark have agreed upon the consideration of payment of maintenance and their joint credit card account‚ respectively. Issue: Can Cindy sue Dark? Elements and Analysis of Contract According to the
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Abstract “A contract is simply a legally binding agreement between parties to do or not do something.”(WebLocator‚ 2011) Many things in today’s society have terms‚ conditions‚ and disclaimers. If a person is entering into an agreement be it: new software‚ cell phone service‚ home security service‚ garbage pickup‚ a financial agreement; i.e. to purchase a house‚ a car‚ a boat‚ a new credit card‚ student loans‚ etc… all of these require a person to sign a contract‚ and all contracts have terms‚
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Case note on Bruton v London & Quadrant Housing Trust [2000] 1 AC 406 Introduction In essence‚ “leases” are created between landlords and tenants as contracts to grant exclusive possession of the land for a defined period of time‚ in exchange of rent from tenant. Leases give contractual interests to tenants‚ while at the same time creates proprietary interests in the land by granting exclusive possession‚ which elevates a tenancy into an “estate/interest in land”. It can therefore be understood
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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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not act in good faith when requesting a minor to sign a contract. Don may be able to pursue some legal action against the grape distribution company‚ but it is in a good position to defend itself. Additionally‚ while Don does not claim to be a Christian and should therefore not necessarily be held to Christian beliefs‚ Don did not act with integrity or even a strong sense of professionalism in this particular instance. North Carolina law includes a doctrine called the “implied covenant of good
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were defective equipment or parts. Claiming the products failed to work as promised and advertised‚ Transamerica filed suit which initially included a claim based on implied warranty. Issue What are the appropriate statute of limitations in this case and what specific warranties and disclaimers exist‚ if any‚ following the conversation between Brown and Spenser? Did the two parties
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of severance pay without any written notice of unsatisfactory performance or a corrective action plan. This scenario shows that a contract can exist between Pat and New Corp based on their implied policies or procedures that are like the ones mentioned in the employee handbook that Pat received when hired. This reason gives Pat a reason to sue due to breach of contract. The handbook states that the employee will be notified or given a corrective action plan if the employee’s performance is unsatisfactory
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Carlill v. The Carbolic Smoke Ball Company. The case of Carlill v. The Carbolic Smoke Ball Company‚ centred around an advertisement which was placed in the Pall Mall Gazette on November 13‚ 1891. The advertisement was entered by The Carbolic Smoke Ball Company and was promoting a “medical preparation”1 which the company had developed‚ called the Carbolic Smoke Ball. The advertisement clamed that “During the last epidemic of influenza many thousand carbolic smoke balls were sold as preventatives
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