Business Law 101 9A 4/19/2012 Chapter 4 – p99 Question: 4.5 Does Whittens “work: satisfy the requirements for a claim grounded on negligence? Yes‚ the plaintiff alleging claims that Whitten’s work was “substandard‚ not to code‚ unsafe and not done in a [workmanlike] manner. Whitten failed to act with duty of care and breached his contract by doing bad work. The tort of negligence occurs when someone suffers injury because another’s failure to live up to a required duty of care. Negligence
Premium Law Tort Negligence
CPA Law Exam II Notes Chapter 19: Formation & Terms of Sales Contracts Sale of Goods: UCC Article 2. Applies only to transactions involving goods. (Personal Property: Depends on how property is used. Ex: Brick in building = Real Property. Brick in riot = Personal). If it’s a mixed trxn‚ the predominant part determines which law is applied. If goods are the incidental part‚ common law applies. Common law is for services and sale of real property. Lease: UCC Article 2A. Transfer of the
Premium Contract law Contract Implied warranty
ANSWERS TO AICPA QUESTIONS CHAPTER 10 INTELLECTUAL PROPERTY RIGHTS AND THE INTERNET 1. (a) Computer software is covered under the general copyright laws and is therefore usually copyrightable as an expression of ideas. Answer (b) is incorrect because copyrights in general do not need a copyright notice for works published after March 1‚ 1989. Answer (c) is incorrect because a recent court ruled that programs in both source codes‚ which are human readable‚ and in machine readable object
Premium Contract Contract law
Role and Function of Law Paper Andrew Urey LAW/421 July 10‚ 2013 Winifred Cannon Role and Function of Law Paper In society as well as a business‚ law plays a significant role in their daily operation. For a society to be efficient and effective‚ laws have to be put into place to regulate social behavior. This paper intent is to define the functions and role of law in business and society. Finally‚ an example of how law is observed in the United States Navy will be elaborated upon.
Premium Law Common law Contract
Jessica Schmitt Business Law Chapter 15: 8. Sears‚ Roebuck and Co promised to give Forrer permanent employment‚ so he sold his farm at a loss to take the job. But shortly after beginning work‚ he was discharged by Sears who claimed the contract could be terminated at will. Forrer claimed that the promissory estoppel prevented Sears form terminating the contract. Under promissory estoppel a promisor may be prevented from asserting that their promise is unenforceable because the promise gave no consideration
Premium Contract law Contract
AB1301 Business Law 2012/13 Semester 1 TABLE OF CONTENTS CHAPTER 3: OFFER AND ACCEPTANCE ........................................................................................... 1 3.1 Offer ........................................................................................................................................... 2 3.2 Acceptance ................................................................................................................................ 3 3.1 Electronic
Premium Contract Contract law
Business Law – Outcome 2 (Law of Contract) Identify and describe the essential elements of a contract There are 3 essential elements in a contract: * There must be an agreement on all material aspects (Consensus in idem) Both or all parties in a contract must have the same understanding of all terms within the contract. To reach and consensus in idem‚ any acceptance must meet one of the offers made. If a party makes changes to the original offer then this is considered a conditional offer
Premium Contract Breach of contract Contract law
Rick Marcello Prof. Frey Sport Law SPMG 336 Chapter 4 1. What are the benefits of using a worst case scenario approach in drafting contracts? The benefits of using a worst case scenario include protecting the interests of the organizations in case of a breach of contract. 2. Explain the concepts of agreements‚ consideration‚ capacity‚ and legality in formation of contracts. A) An agreement consists of an offer and acceptance. An offer to sell equipment for $300 is a communication of
Premium Contract Law Common law
of Consent Effects of Doctrines Discussed in This Chapter * Voidable: person whose consent was not real has the power to rescind (cancel) the contract * Necessity for Prompt and Unequivocal Rescission * Must act promptly and unequivocally to rescind a contract * Also avoid actions that suggest that she affirms or ratifies the contract * Send mixed messages‚ delaying the notification‚ etc. Misrepresentation and Fraud * Relationship between Misrepresentation and Fraud
Premium Contract law Tort Misrepresentation
AGENCY 1. Agency Relationship Cases Definition Principal authorizes Agent to enter into legal transactions (contract) with Third Party on Principal’s behalf Agency relationship between P and A A’s obligations to P: 1. Act according to terms of appointment and within scope of authority 2. Not liable to P or TP 3. Carries out duties with care and skill‚ keep true and proper accounts 4. Cannot conflict P’s interest / act for personal gains 5. Cannot delegate whole duty to others P’s
Premium Contract Contract law Breach of contract