Week Four Assignment By: Kelly Sciberras November 25‚ 2012 DeVry University Business Law – BUSN420 Week Four Assignment As our textbook explains fraud invalidates a contract. “The presence of fraud affects the authenticity of the innocent party’s consent to a contract. When an innocent party is fraudulently induced to enter into a contract‚ the contract usually can be avoided because she or he has not voluntarily consented to the terms. Normally‚ the innocent party can either cancel the
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INTRO: We’re not interested in proving liability‚ we’re concerned with finding the need for a resolution The creation of a right is distinct from the provision of remedies for violations of that right (just because a right was violated doesn’t necessarily mean there’s a remedy) Choices between responsible solutions in a world of limited possibilities (A solution requires the decision maker to select between alternative possible solutions in a world of limits) GOAL: to use actual
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Instructions 1. This assignment will constitute 20% of your total final mark. 2. Your Assignment‚ excluding footnotes‚ must not exceed 5‚000 words. One mark will be deducted for every word exceeding the maximum word count. 3. Your answer must be printed in 12 point Times New Roman or Roman font‚ with 1.5 spacing‚ on single-sided sheets with a one-inch margin all around. 4. Marks will be awarded for judicious use of headings and proper citation style. Conversely‚ marks will be deducted
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cancel the contract because Sanchez fraudulently misrepresented the painting as an original Van Gogh when in fact it is a copy‚ he would be seeking the remedy of rescission from the court. d) The difference between legal and equitable remedies: courts will not grant equitable remedies unless the remedy at law – monetary damages – is inadequate. If a person that is buying land from a seller and the seller breeches the agreement‚ the person buying the land may sue the seller for the return of any deposits
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1.1 The concept of deictic centre Deixis deals with the words and expressions whose reference relies entirely on the circumstances of the utterance. For that reason these special expressions and their meaning in discourse can only be understood in light of these circumstances. The term deictic centre underlines that the deictic term has to relate to the situation exactly at the point where the utterance is made or the text is written. One could even say that the deictic centre is the unmarked
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of one’s meaning by using language that normally signifies the opposite‚ typically for humorous or emphatic effect” (OED Online). Seeing as this is clearly a violation of Quality‚ one of Grice’s maxims‚ it can be presumed that in most cases of irony speakers tend to violate one or some of Grice’s four maxims underneath the Cooperative Principle: Quantity‚ Quality‚ Manner‚ and Relation. In doing so‚ whether intentionally‚ unconsciously‚ or unpretentiously‚ the speaker creates triggers for particular
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there is potential for the English approach to be adopted in the Australian context. Such an adoption may be advisable in light of the judicial and extra-judicial commentary suggesting that the orthodox approach is in fact not properly aligned with equitable principles. The discussion of this possibility involves not only an assessment of the advantages and disadvantages of each approach‚ but also a determination as to the extent to which the separate application of each approach could result in a
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and here within lies the harmony of absolute knowledge. In a way I believe Herekleitos is seeking wisdom by defining mans belief in religion and themselves. As so stated in his final verse “I inquired of myself”. One excerpt from the maxim stating‚ “ War is father of all and king of all; and some he made gods and some men‚ some slaves and some free.”‚ shows a strong belief in warfare and accurately depicts the Mycenaean culture of the warrior class. This culture took great pride in
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legality of the activities based on federal‚ state‚ and local laws. Determine the criteria by which Sarbanes-Oxley would apply to this case. Determine the ethicality of the activities. Consider whether or not the activities were equitable to internal and external stakeholders. Decide on the next steps based on the events that took place. What makes this next step the best decision? Write a 750 to 1‚050 word paper evaluating the legality and ethicality of the corporate
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the elements of specific performance then we can evaluate how they relate to each scenario. “In some situations‚ damages are an inadequate remedy for a breach of contract…equitable remedies include rescission and restitution‚ specific performance‚ and reformation” (Miller & Jentz‚ 2009). Specific performance is an equitable remedy that requests the promised act be performed per the contract. This is not to be confused with any monetary exchange‚ rather that the contract be fulfilled as agreed
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