Brief of McCart v H&R Block‚ Inc. Case Name‚ Citation‚ and Court Robert McCart and June McCart‚ v. H &R Block. Inc. 470 N.E.2d 756; 1984 Ind. App. LEXIS 3039 Court of Appeals of Indiana‚ Third District Key Facts Mr. McCart opened a tax preparation business and executed a contract with Block to be a district manager‚ which precluded him from operating a tax business in the same city. McCart then issued the city franchise to his wife. Years later‚ the wife signed a new franchise agreement
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The Law of Contract Voidable Contract – Coercion The word “contract” can be defined as a voluntary‚ deliberate‚ and legally binding agreement between two or more competent parties. Contracts are usually written but may be spoken or implied‚ and generally have to do with employment‚ sale or lease‚ or tenancy. A contractual relationship is evidenced by an offer‚ acceptance of the offer‚ intention to create legal relations‚ consideration‚ certainty and capacity. However‚ while all parties may expect
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Extended Case 2.1: Southern Prestige Industries‚ Inc. v. Independence Plating Corp. The plaintiff (Southern Prestige Industries‚ Inc.) initiated an action against the defendant (Independence Plating Corp.) in a North Carolina state court for a breach of contract. The plaintiff alleged that defects in the defendant’s anodizing process caused the plaintiff’s machine parts to be rejected by Kidde Aerospace. The defendant being a New Jersey corporation and having its only office and all of its personnel
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In this case there is nothing on the note that would cause a reasonable person to believe that something is out of the orndinary about the note. The note in this case was issued by Elmer in order to pay for electrical equipment . There is nothing on the face of the note showing that there was any fraud or anything out of the ordinary. The note mus be a neogtioabel instrument.. Int this case the facts tell us it is a negotioabel instrument. In order for Ace as the
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Case Scenarios: Grocery‚ Inc.‚ Presentation LAW/521 February 3‚ 2014 Stuart Schwartz Case Scenarios: Grocery‚ Inc.‚ Presentation Grocery‚ Inc. Uniform Commercial Code The Uniform Commercial Code (UCC) applies to sales contracts that are agreements for the sale of tangible‚ moveable goods (Melvin‚ Chapter 8‚ 2011). Therefore‚ the UCC Article 2 would apply to Grocery Inc. and the different vendors that are making agreements‚ but only if the contract was missing or had open terms. “Article
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Nizhny Novgorod Branch Law faculty The Department of Constitutional and Administrative Law Essay Topic: Freedom of contract in English Contract law Written by 10 Ю-3 group student Buzhak A.S. Under supervision of Popova T. P. PhD‚ docent Nizhniy Novgorod‚ 2013 Contract law is designed to protect not only the contractor‚ but also the consumer. Freedom to contract is the freedom of individuals and corporations to form contracts without government restrictions
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exists a likelihood of confusion on the part of the public‚ which includes the likelihood of association between the sign and the trade mark.[ Article 10(2)(a) & (b) TMD] Having said that‚ the judgment in Arsenal v Reed[ Arsenal Football Club plc v Reed Case C-206/01 [2002] ECR I-10273] has to be taken into consideration whereby the ECJ examined the question of whether it is necessary for there to be a trade mark use of the sign for a finding of infringement. The ECJ first held that the use of the Arsenal
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Critically evaluate the extent the doctrine of the separation of powers underpin the Basic Law. ---------------------------------------------------------------------------------------------------- INTRODUCTION According to Wesley Smith‚ “The doctrine of separation of powers is a general technique for limiting the ability of government officials to wield excessive powers to the detriment of citizens’ rights. The three types of power (the legislative‚ executive and judicial) should be distributed
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1. Case 9-1: Facebook v. Winklevosses The settlement agreement is enforceable. Based on the four necessary conditions on constructing a valid (bilateral contract in this case) contract: (1) Agreement: Winklevosses agreed that he has “no further right to assert against Facebook” and “no further claims against Facebook and its related parties” in exchange for cash and Facebook stock from Zuckerberg (promise for a promise); (2) Consideration: What Zuckerberg offered was a legal value in exchange for
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as a set of law and regulations to govern appropriate manner or behavior to one organization or group. Thus‚ COC in the context of legal perspective generally can be divided into two categories. The categories relied on the Code’s legal status‚ which are soft law and hard law instrument. Hard law are also refer to compulsory code of conduct (CCOC). According to Abbott and Snidal (2000)‚ hard law possessed a higher standard of legal obligation and precision than compared to soft law. Similarly‚ CCOC
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