Contract Remedies BA265 Business Law II Terrance L. Williams Grantham University December 8‚ 2012 Contract Remedies In our case of National Drilling Company filing suit against Overland Transport‚ Inc. asking compensatory‚ consequential‚ and punitive damages‚ the recovery of National will be based on Quasi Contract. As one reads through the scenario‚ he or she may ask themselves a few questions. What were the exact terms of the contract between National Drilling and Overland Transport
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“The parties to an executory contract are often faced‚ in the course of carrying it out‚ with a turn of events which they did not at all anticipate – a wholly abnormal rise or fall in prices‚ a sudden depreciation of currency‚ an unexpected obstacle to the execution‚ or the like. Yet this does not in itself affect the bargain which they have made…” (per Lord Simon in British Movietonews Ltd. v. London and District Cinemas [1952] A.C. 166 at 185). Discuss this dictum and explain the respects in
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exchange for his agreement to play hockey. (b) Reed has again failed to identify a breach of any specific provision. Court’s Rationale Reed has not identified a breach of a specific contractual provision despite being given the opportunity to do so through discovery. While Reed speculates that colleges have a duty to protect the health of their athletes‚ he fails to demonstrate how such duty is grounded in contract. Reed asserts the release is not enforceable‚ because it was not supported by consideration
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Contract Negotiation ACM 397 Contract Negotiation The section of the book that I found most informative and took the most out of was Part 1‚ Chapters 1-5. Part 1 covers the nature of negotiation‚ preparation of negotiations‚ distributive bargaining‚ integrative negotiation‚ and closing deals. Negotiation is a process in which individuals with differing viewpoints work together to come up with a solution that can work for both parties. Negotiation is a huge part of our everyday live. It is
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Business Law | Contract Analysis | Westwood College | Eric Givens 2/12/2013 | Contract Analysis A contract is a legal document between two or more parties. There are several elements that are necessary in order to make a contract enforceable. The specifics of these various elements may differ from state to state‚ but all seven of the elements must be present in order for the contract to exist. As such‚ if one of these elements is missing‚ a contract can be voided and the parties
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Many employers now require that employees‚ as a condition of being hired‚ sign employment contracts that contain non-compete or non-solicitation provisions. A non-compete provision prohibits the employee from starting a business in competition with their current employer (or perhaps also prohibiting the employee from going to work for a close competitor). A non-solicitation provision prohibits the employee from contacting the customers of the employer in hopes of taking their business away from the
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Sample Contract Exercise Contracts are the bloodline of business. Thus it is absolutely crucial that you understand what you are or your business is signing. We have looked at some common clauses found in contracts like restraint of trade clauses‚ exclusion clauses and liquidated damages clauses. In addition to these‚ there are many other common clauses and the purpose of this exercise is to highlight these clauses as well. If you do a simple search in the Internet you will realize that many of
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BUS201 Contract and Agency Law Group Based Case Study Bai Kailin Q0806156 Question 1 A tender is also considered as an offer. Tenders refers to a process by which one can seek prices and terms for a particular project (such as a construction job in this case) to be carried out under a contract. The sealed offers themselves‚ including company information‚ a project outline‚ and a price quote‚ are known as tenders or bids. Since Beng Huay Construction Pte Ltd submitted the most competitive
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Short-term interest expense= $625‚000 x 5% = $31‚250 Total interest cost = $31‚250 +$77‚500 = $108‚750 Earnings before interest and taxes = $200‚000 - $108‚750 = $91‚250 Earnings after taxes = $91‚250 – 30% = $91‚250 - $27‚375= $63‚875 b. As an alternative‚ Lear might wish to finance all fixed assets and permanent current assets plus half of its temporary current assets with long-term financing. The same interest rates apply as in part a. Earnings before interest and taxes will be $200‚000. What will
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An alternative lifestyle is a lifestyle generally perceived to be outside the cultural norm. A vegetarian is a person who does not eat meat‚ fish‚ or fowl or products containing these foods.The eating patterns of vegetarians may vary considerably: • Vegan: follows a strict diet excluding eggs‚ dairy‚ and all other animal products; • Lacto-vegetarian: Excludes animal flesh and eggs; • Lacto-ovo-vegetarian: Eats a diet of mainly grains‚ vegetables‚ fruits‚ legumes‚ seeds‚
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