exclusion clause as a part of the terms of its contract with J. In order to advice J it necessary to determine whether the clause has a contractual effect. Secondly it is necessary to determine the terms of the contract and analyse if creation of such clause protects the party relying on it from the consequence of breach. Finally if it’s rendered ineffective by any statue which make D liable for damage‚ should be discussed. Contractual Effects of the Contract In this case main question that arises
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Case Study 5-9 Question 1 No‚ the employer’s statement does not violate Section 8(a) (1) of the LMRA. The employer was merely pointing out facts to its employees based on the leaflets that the union had distributed to the employees. The employer was ensuing that everyone knew exactly bargaining entailed and what was at stake; for instance wages‚ benefits are subject to negotiations and there was no guarantees if wages would increase or decrease or even if you retained your currents benefits‚
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Within the United States Constitution is The Equal Protection Clause of the 14th amendment which essentially prohibits “unreasonable discrimination.” It states that every person should be treated equally regardless of condition or circumstances within the jurisdiction of each state. The Equal Protection Clause is written in such a manner to protect people from unlawfully being classified with discriminatory classifications. The court will deem a classification constitutional if it contains “rational
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Taxpayer Money being Used to Fund Professional Sports Organizations; Credible Economic Stimulant or Implied Catalyst? Sports are something most Americans can relate to; many of us played some type of sport as a kid and some of us are diehard fans. Sports have developed with us as a society and have become an important part of our culture and you can see their effect in many cities countrywide. Professional sports remain a centerpiece of many major metropolitan cities across the United States
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states‚ in simple terms‚ that everyone who is born or naturalized in the United States are citizens of the United States and of the state they live in. No state can enforce laws which limit the privileges or immunities of United States citizens nor can they deny any citizen the right to life‚ liberty‚ or property without due process of law. The states cannot deny any citizen the right to equal protection of the law. The Fourteenth Amendment is made of of 3 clauses: The Citizenship Clause‚ which granted
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Introduction The Equal Protection Clause can be argued to be one of the most important rights a citizen has in the United States. It is one of the techniques someone can use to combat discrimination by a law‚ action‚ or procedure. However‚ an equal protection challenge can be just that‚ a challenge. This clause is much more complex than perceived. When brought before the court‚ it is decided on what level of scrutiny it will be examined. As equal protection is part of a list of rights for free citizens
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Question 2: Mrs Yeung bought a water boiler from a Super Store. She found the following words printed on the face of the invoice: “Goods sold cannot be returned. The Store will not assume any responsibility for defect detected or any other liability incurred in the course of customers’ using our goods after sale.” The water boiler exploded when Mrs Yeung used it at home. Her eyes were injured. Advise Mrs Yeung of her legal position. In the above cases‚ as Mrs Yeung is dealing as a consumer
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The equal protection clause was put in place to protect Americans who were being treated unfairly and to help prevent more people from being mistreated. All throughout history people have been treated unequally due to their differences. Time after time citizens have been denied their rights and this clause was put in place to help reduce the amount of people being affected by unequal treatment. The equal protection clause provides those in the American political system with comparable opportunities
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one of the highest in the West. THE RELATIVE CLAUSE A relative clause—also called an adjective or adjectival clause—will meet three requirements. * First‚ it will contain a subject and verb. * Next‚ it will begin with a relative pronoun [who‚ whom‚ whose‚ that‚ or which] or a relative adverb [when‚ where‚ or why]. * Finally‚ it will function as an adjective‚ answering the questions What kind? How many? or Which one? The relative clause will follow one of these two patterns: relative
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job‚ to open a bank account etc. However‚ the contract is not simple and straightforward. There are many hidden dangers that we are not conscious. We must be careful of the hidden clause in contract in order to protect the benefit of us. At the first glance‚ you may feel eased since there are a lot of tedious clauses in contract to protect you if the service does not get delivered in time with good quality as promised‚ if another pay does not pay you on time. You may feel that the contracts are
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