agreement‚ such as comments made by the plaintiff or the defendant who are now facing off in a breach of contract case‚ cannot be considered if they contradict what is inside the agreement’s “four corners”. Merger clauses function to strengthen
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The legal citation of the case. Regina v [2001] NSWSC 1011 (8 november 2001) The elements of the offence. In order for a trial to be brought‚ the police and prosecutors might be able to prove that the elements of the particular offence are present. In this criminal case both Actus reus‚ Mens rea as well causation was clearly shown through the behavior of Katherine Knight. Actus reus is the term referring to ‘guilty act’ meaning any voluntary actions of omissions that constitutes to a crime
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Angela Brinnen LAW 421 August 4‚ 2014 Barry Preston Big Time Toymaker Scenario At what point‚ if ever‚ did the parties have a contract? After carefully reviewing all of the information about the case of Big Time Toymaker (BTT) and Chou‚ I have found that there were two different contracts in place. In the text it describes a contract as “a promise or set of promises enforceable by law” (Melvin‚ 2014)‚ these contracts can be oral or written. The first contract in place is a bilateral contract‚ this contract
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impossibility of performance‚ and operation of law (Cheeseman‚ 2013‚ p. 393). In the case of Hilgendorf v. Hague‚ the contract was not terminated by an act of both parties‚ because Hilgendorf (agent) did not acquiesce to Hague’s (principal) attempt to terminate the relationship‚ the stated time of the contract had not passed‚ and due to Hague’s unwillingness to accept Hilgendorf’s buyer‚ the terms of the contract were not achieved. In order to terminate a contract because of impossibility to perform‚ there
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suspension of work and provided that such notice shall not be given “unreasonably or vexatiously”. Case law above has defined “unreasonably”‚ which means contractor’s notice have brought a disproportionately disadvantage to the employer‚ and may even contend that the notice to be “vexatiously” given‚ which means the contractor has the ulterior motive or purpose of oppressing‚ harassing or annoying. From the cases discussed and analyzed here‚ when the contractor suspends works‚ the employer can claim that
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Employment Agreement. This is a contract between Wolf Production Studios (hereinafter known as “Production Company”)‚ and Mr. Luka Johnston (hereinafter known as “Director”). 1. Object of the Agreement. 1.1 The production company will employ the Director for making the film “The Stranger” (hereinafter the “Film A”) in accordance with the terms and conditions agreed in this Employment Agreement (hereinafter the “Agreement”). 2. Liabilities and Obligations of the Director and the Production
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This case begins with the relationship between California and Hawaiian Sugar Company (C&H)‚ the purchaser‚ and Sun Ship‚ Inc.‚ the contractor for the design and delivery of a vessel to ship raw sugar for C&H from Hawaii to California. Sun Ship went into contract with C&H on November 14‚ 1979 and agreed upon the delivery of the vessel on June 30‚ 1981‚ one and three quarter years‚ for the agreed upon amount of $20‚405‚000 . According to Cheeseman (2013) a liquidated damages clause‚ defined as “damages
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they are facing. Lighthouse does a contract for the delivery and installation of the physical device that is capable of achieving this through a tracking service that calls for a second contract. The price for the dedicated hardware (exclusive to Lighthouse services) and installation is a single nonrefundable amount of $10‚000 payable at completion of installation and acceptance by client. When this is done‚ the location service can be provided. The service contract which is generally for one year is
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Illusory Promise | You be the Judge Case Study An illusory promise sounds like a promise or commitment‚ but is not really a promise or commitment to do anything. Because it does not bind the maker to do anything‚ it may not be treated as consideration to establish a contract. Culbertson v. Brodsky Culbertson had listed real estate for sale. Brodsky & Culbertson signed an option contract. Option document: - Brodsky delivers $5‚000 check to bank; - Bank holds
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refund of £2560.00 for the payment made to Flor Ltd in January 2014. I emailed to you the documents relating to the breach of contract by Flor Ltd and the County Court Judgement against them. You called Mr Wood of Flor Ltd and advised him to reopen the case and you then confirmed to me that you were not going to take any further action because you believed the case was going to be reopened. Although you provided Mr Wood more opportunity in "gaming the system"‚ the outcome has remained
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