Case Analysis Summary of Facts and Circumstances The Midwestern:: Contemporary Art (MCA) Museum is one of the nation’s largest facilities devoted to modern art‚ opening its doors to Great Lakes in 1967. The MCA bought its first building‚ a three story townhouse‚ in 1977. In January of 1989‚ the MCA board hired Keith Schmidt as executive director. In April of 1989‚ a man with the name of Peter Smith began his chairmanship at MCA‚ after already being on the board since 1981. Peter Smith and Keith
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Elements of the law of contract Catharine MacMillan Richard Stone 2009 LLB 2650040 Diploma in Law 2690040 page 2 This subject guide was prepared for the University of London External System by: University of London External System Catharine MacMillan BA (Victoria) ‚ LLB (Queen’s‚ Canada)‚ LLM (Cantab)‚ Lecturer in Law‚ School of Law‚ Queen Mary‚ University of London and Richard Stone LLB (Soton)‚ LLM (Hull)‚ Barrister‚ Professor and Head of Law‚ Lincoln Law School‚ University of
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LOUISE MERRETT TRINITY COLLEGE COMMERCIAL LAW LECTURES 2012 -2013 SALE OF GOODS (4) TRANSFER OF TITLE BY A NON-OWNER Context 1. The general rule as to priority in the case of personal property is clear and underpins all forms of transfer‚ whether by gift‚ sale‚ bailment or security‚ and it is that a person cannot give what is not his or hers to give. This basic rule is often expressed in the Latin maxim nemo dat quod non habet and if reflected in s 21 SGA. 2. In practice‚ a
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LAW EXTENSION COMMITTEE WINTER COURSE 2005 CONTRACTS LECTURE NOTES WEEK FIVE PRIVITY OF CONTRACT 1. The Privity of Contract Doctrine The privity of contract doctrine dictates that only persons who are parties to a contract are entitled to take action to enforce it. A person who stands to gain a benefit from the contract (a third party beneficiary) is not entitled to take any enforcement action if he or she is denied the promised benefit. Example: A promises B‚ for consideration
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implied in fact K. EXCEPTION: Promissory Estoppel (reasonably relied to their detriment) Statute of Frauds 1. Marriage 2. Year or longer services contract 3. Lease for > $1000 4. Land 5. Executor or Adminsitror 6. Goods: >$500. 7. Suretyship Exception: main purpose to benefit guarantor 8. MASS: promise to make or enforce a will must be in writing. Requirement: 1. Writing signed by ∆ 2. all material terms UCC: must have quantity term EXCEPTION: merchants where one receives
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which can be described as any part of the negotiation process that invites further bargaining‚ rather than acceptance: Pharmaceutical Society v Boots Cash Chemist Acceptance Communication of acceptance is generally required: Felhouse v Bindley‚ EXCEPTIONS are: • Where an offeree with a reasonable opportunity to reject the offer of goods or services takes the benefit of them under circumstances which indicate that they were to be paid for in accordance with the offer: Empirnall Holdings v Machon
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ANSWER From the above it follows that Alexandra and Charles made different promises to Bertram and the Décor Ltd director agreed to accept the lesser payment from Alexandra. In each situation there must be consideration (something in exchange) for all of the promises to be enforceable. Consideration was defined by Lush J in Currie v Misa as “some right‚ interest‚ profit‚ or benefit accruing to the one party‚ or some forbearance‚ detriment‚ loss or responsibility‚ given‚ suffered or undertaken by
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Week 6(1) – PROPERTY LAW Capitalist society – incentive to obtain assets and a system to protect these assets. Capitalist is more about individual rights‚ self-accumulation of wealth. Communist country – more about ‘public’ rights – the state owns property and chooses some system of distribution. Prevents exploitation of natural resources e.g. gold‚ trees‚ fishing areas e.g. around Australia. TYPES OF PROPERTY Physical and intangible property (copyrights‚ trademarks and patents). Property
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who had a cause of action at the time of making it‚ and by which he agrees not to sue the party liable to such action Exceptions to the Consideration Requirement * Promises that induce reliance under the doctrine of promissory estoppel * Promises to pay dabts that are barred by a statute of limitations * Promises to make charitable contributions Promissory estoppel- a person who has reasonably relied on the promise of another may be able to obtain some measure of recovery. Requirements
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Law Formative Assessment Activity The commencement of the class’s courses examines the concept of employment-at-will within firms. The paper analyzes the following questions: how does the employment-at-will concept employs to Big Lots? What exceptions refine its application to Big Lots? And how is it used by the managers for the protection of the organization? Application of Employment-at-Will One state that follows employment-at-will is the state of Texas. Big Lots has not exhibited the practice
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