1. An exemption is a clause in a contract that exempts or removes liability from one or both parties in certain circumstances. Exemption clauses are used frequently in business organization contract. These clauses apportion risk between the parties concerned and the law upholds them‚ assuming the parties negotiated them while drafting the contract 2. The two ways in which exemption clauses can be incorporated in a contract are: (1) Incorporation by notice and (2) Incorporation by signature
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---- ------- Business Law Take-Home Final Essay When asked “what can Moon‚ Inc do to get its money from Bob Zimmerman?” I would address it by saying if Zimmerman doesn’t pay off what he owes then according to the mortgage contract Zimmerman would foreclose his house and Moon‚ Inc. would have the right to bid first. My reasoning is that initially the mortgage was taken out for the house and Zimmerman paid back loans toward the bank. If Zimmerman doesn’t pay then the house is foreclosed and the
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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
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1. Able entered into an oral contract with Baker for the sale of Able ’s car for $5‚000. Later Baker breached that contract. Able wants to sue to enforce the contract. Under the Statute of Frauds‚ who is the "party to be charged" in this case? a. Able. b. Baker. c. Both Able and Baker. d. Neither Able nor Baker‚ because this is a contract for the sale of goods. 2. Chen‚ a retail seller of fruit‚ entered into a contract for the purchase of 10 bushels of peaches from Georgina‚ at a price
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Business Law Can Big Bank’s president rescind the contract? Yes‚ but this is an involved process and both parties need to agree to modify it. This is because both parties had problems fulfilling their parts of the contract. Also‚ an organization (the Big Bank) can cannot eradicate the business contract‚ because since their party did something improper (that seems to be them whom input the data incorrectly). Under what circumstances can a contract be rescinded by either party? This can happen when
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Topic 3: Contract Law *What is a contract? a legally enforceable agreement; that is‚ an agreement enforceable in a court *Types of contracts Number of parties: * Unilateral – one party (eg reward case) * Bilateral – two parties‚ both with mutual obligations * Multilateral – more than two parties‚ all with obligat0ions Form: * Simple Contracts: written; oral; part-written & part-oral * Need all elements of a contract ‚ including consideration * If all elements
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Causes and spread of Infection 1. Understand the causes of Infection 1.1 Identify the differences between bacteria‚ viruses‚ fungi and parasites More accurately‚ parasites are actual animals‚ along with mites‚ and mites are so small you have some thousands living in your eyebrows. Bacteria are one cell things with a cell wall. Virae (viruses) are code only--they are the core requirement that bacteria have‚ but without all the other protective layers like cell wall and energy production. Instead
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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
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Prospecting Ltd). The appellant company was the holders of certain mining leases in respect of deposits of iron ore. They did not work these deposits themselves but allowed them to be worked on tribute by another company named Kepong Mines Ltd. Their business in practice would seem to be confined to collecting the tribute and distributing it to their shareholders after making arrangements in respect of income tax. Schmidt claimed that he was entitled to receive certain payments in respect of all ore won
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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
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