What are the defenses to a breach of contract? If someone is accused of breach of contract‚ there are a number of defenses available to argue that a contract should not be enforced. If any of the basic contract elements are missing‚ or if the contract was made with someone of diminished capacity or for illegal purposes‚ a contract can be unenforceable. Some other examples of potential defenses to enforcement of a contract are mutual or unilateral mistake‚ duress or undue influence‚ unconscionability
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people’s language is a social issue in the United States that have been presents for years. After I read the essay of Amy Tan‚ “Mother Tongue” and the essay of Chang-Rae Lee‚ “Mute in an English Only world” I figured out some similarities and differences between the two essays that helped me to understand clearly what discrimination of language really means. Everybody probably has a definition of discrimination. Some people may assume that discrimination is just about skin color as I mentioned before
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Intro and formation of contracts . Basic Legal Contract Principles People have a right to contract – conduct is voluntary. Anything that takes away voluntariness is questionable‚ e.g.‚ duress‚ economic duress‚ fraud‚ coercion. People have right to breach. But must place other party in the same position for which they contracted‚ so must pay them damages. If legal remedy does not work and P is entitled to be placed into performance‚ then must order specific performance. Specific performance
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Proceedings of the 2005 Winter Simulation Conference M. E. Kuhl‚ N. M. Steiger‚ F. B. Armstrong‚ and J. A. Joines‚ eds. RISK MANAGEMENT IN SUPPLY NETWORKS USING MONTE-CARLO SIMULATION Léa A. Deleris Feryal Erhun Department of Management Science and Engineering Stanford University Stanford‚ CA 94305 U.S.A. ABSTRACT Trends such as (1) globalization‚ (2) heavy reliance on transportation and communication infrastructures‚ and (3) lean manufacturing have led to an increase in the vulnerability of
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Employees work directly for the company or with another person and it either the employer or manager. An independent contractor for a company or someone else may work with multiple or with self-business‚ and accept direction‚ but this factor has ultimately more control over the work she/he accepts‚ and how‚ when‚ and where it is produced. Employees often stay with one employer for a long period of time‚ whereas an independent contractor is usually only working for the company on a single project
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Assignment: Suggested Answer 1. The legal issue revolving around this case is that whether a valid legally-binding contract has been entered into between David and John‚ and‚ if that is the case‚ whether David is able to sue John for his breach of contract resulting from his sale of the shop to Nancy. In general‚ a legally binding contract is an agreement made between two or more persons‚ by which rights are acquired by one or more to acts or forbearances on the part of the other or
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[pic] “CONTINGENT & QUASI CONTRACTS” [pic] Contents 1. Contract. 2. Types of contract. 3. Contingent contract. • Definition. • Illustration. 4. Essentials/characteristics of contingent contract. 5. Rules regarding contingent contract. 1. Uncertain event. 2. Impossible event. 3. Performance dependent on non-happening of
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Understanding Contracts Sultan Shabazz September 29‚ 2013 International Legal and Ethical Issues in Business‚ Sunday‚ 10:00 p.m. American InterContinental University Professor Jarrod Burch Certification of Authorship: I certify that I am the author of this paper and that any assistance received in its preparation is fully acknowledged and disclosed in this paper. I have also cited any sources from which I used data‚ ideas‚ words‚ either quoted directly or paraphrased. I
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The Law of obligations and contracts is a the body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts. Obligation latin word obligation meaning tying or binding; Juridical necessity to give to do or not to do. Requisites of an obligation 1) Passive subject; debtor‚ obligor 2) Active subject; creditor or oblige 3) Object or prestation‚ subject matter of obligation 4) Juridical tie; efficient
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exchange for the other party’s consideration (quid pro quo). If it isn’t it is more likely a gratuitous promise Seppelt & Sons v Commissioner The use of the word “offer” is not conclusive Carlill v Carbolic An offer can be made to the whole world. Unilateral offers may require communication of the acceptance after the consideration Felthouse v Bindley Silence is not acceptance Empirnall Holdings v Machon Where an offeree‚ with a reasonable opportunity to reject the offer of goods or services‚ takes
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