professional corporation can be liable for malpractice arising from the rendering of professional services. (Points : 2) True 2. Jay tells Kim that he will buy her textbook from the last semester for $80. Kim agrees. Jay and Kim have (Points : 2) an express contract. 3. Barb allows Candy to enter Barb ’s warehouse and take a DVD player. Charged with theft‚ Candy can successfully claim‚ as a defense‚ (Points : 2) consent. 4. The U.S. Congress enacts a new federal statute that sets different standards for the
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Jacques Michael le Roux 56066481 LPL 4802 – Law of Damages Unique number: 555192 Contents Introduction Contractual Agreements Breach of Contract General Principles Concerning Claims for Contractual Damages Who can Claim and Quantification Where Alberton Motors decide to uphold the contract Where Alberton Motors decide to cancel the contract and the date for performance is set Conclusion 1. 1. Introduction Parties are bound to a contract to honour their agreement and fulfil all the
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INTRODUCTION A Shareholders’ Agreement is an agreement amongst the shareholders of a company. When a company is created‚ its founding shareholders determine how a company will be owned and managed. The Shareholders’ Agreement establishes rules to govern the relationship between two or more owners of a company. Without a shareholders’ agreement in place‚ the rules that apply are in the applicable corporate statute. The shareholders’ agreement creates an overlay that addresses issues created or left
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Suman Siva Prof. Jeong Chun Phuoc 012014111647 Assignment 2 – Weekly Case Law Critique WEEK 1 CASE LAW ON CARLILL V CARBOLIC SMOKE BALL (1893) Issue 1. Was the advertisement by Carbolic Smoke Ball Co. a contract with the whole world? 2. Was the advertisement by Carbolic Smoke Ball Co.‚ rewarding 100 pounds to any person who uses the product (smoke ball) as directed for a given period and still get contracted to influenza‚ colds or other diseases a "mere puff"/ “nudum pactum” ? Analysis From my
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Liquidated Damages v. Penalty Are Causation and Loss Really Required?‚ Pooja Sharma* In a contract‚ the parties may name a sum to be payable in the event of breach. If such sum is a genuine pre estimate of loss it is termed liquidated damages‚ and if it bears no reflection on the loss suffered‚ it is termed a penalty. Courts are reluctant to enforce penalty clauses and in such cases the sum stipulated is normally reduced. It has been perceptively observed by Fansworth that in comparison to the
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SAB 330 Week 8 PUBLIC POLICIES AND ECONOMIC ORGANIZATIONS 1) Explain term of “consideration” The "consideration" requirement for creating a Common Law contract requires that both sides of the agreement give consideration. "Consideration" is the giving of bargained for legal value. The "bargained for" requirement means only that the legal value given is that which the other party requested‚ i.e. that there has been some communication about who gives or does what for whom. There is seldom
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A term paper on LETTER OF CREDIT AND ITS OPERATION PROCEDURES IN BANKS Course code: FB-509 Course Title: Principles and Practices of Banking SUBMITTED TO Abdullah Al Mahmud Lecturer Department of Banking Faculty of Business Studies University of Dhaka [Submitted for the partial fulfillment of the requirements of the degree in Master of Business Administration (Banking)] PREPARED AND SUBMITTED BY Md. Ataur Rahman ID: 50917063 Submission
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Backgrounds& some basic facts Contracts are a voluntary arrangement involving two or more parties which is enforced by law as a binding agreement‚ which is one of the cornerstones of our economic environment from early stage to the modern society. Several essential conditions constitute the process of forming a standard contract. In our present case‚ three parties were involved in relation of transaction. The seller is The Logomug‚ which manufacturing and selling mugs. One buyer is Sophie and another
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marketing right to ProPez. The contract needs to have measures in place to protect CadMex interest concerning property rights and potential dispute. There are issues that are involved in resolving legal actions against a foreign business. One issue that is involved is the legal system. When dealing with a case‚ they may want to finish the case quickly rather than handling it with quality. Doing so may lead to evidence not being analyzed. Another issue may be the different laws between the two countries
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Ed Law 111 M-W 3:30-5:00 Assessment No. 3 Types of Remedies: Compensatory - A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party. When a contract has been breached‚ the court orders the party that breached to pay the amount of direct losses done to innocent party. Consequential - Special damges that compensate for a loss that is not direct or immediate (for example‚ lost profits0. The special damages must have been reasonably
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