2) Is Bright entitled to specific performance because of the unique nature of the goods? Yes‚ the seller should cure the nonconforming goods for the buyer. If the buyer accepts the sellers re-tempt to make another delivery because the nature of the circumstance‚ it would need to be done within the time for performance expires. (UCC 2-508; 2A-513) 4) Hoselton did not have a chance to cure the defects. Is Hoselton correct? No‚ the buyer is given the opportunity to inspect the goods. If problems
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Explain the facts‚ issues and reason in the case of Carlill v Carbolic Smoke Ball Company. FACTS The Carbolic Smoke Ball Company made a product called the "smoke ball". It claimed to be a cure for influenza and a number of other diseases‚ in the context of the 1889-1890 flu pandemic (estimated to have killed 1 million people). The smoke ball was a rubber ball with a tube attached. It was filled with carbolic acid (or phenol). The tube would be inserted into a user’s nose and squeezed at the bottom
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1 . “The fundamental attribute of corporate personality is that company is a legal entity distinct from the members.”Elucidate the statement .Also specify the important features of a company. 2 . Discuss the essential elements of a valid contract. 4 . What are the characteristics of negotiable Instrument? Discuss the ‘privileges’ of holder in due course as per the provisions of the Negotiable Instruments Act‚ 1881? Also state the important amendment to be incorporated under sec 138 of the
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The Intentional Tort An intentional tort requires intent to commit an act‚ the consequences of which interfere with the personal or business interests of another in a way not permitted by law. It does not have to be an evil or harmful motive behind the tort. As a matter of fact tort law says intent means that the person intended the consequences of his or her act and knew with certainty that certain consequences would result from the act. The tort I will be discussing is assault and battery.
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Negligent and Intentional Tort Barry University EDU 674 The Legal Environment in Education Timothy D. Blevins‚ J. D. While conducting a tort walk at one of the local middle schools we identified several possible torts. One was of a building code violation‚ another in the way money was handled in the lunch room. I am going to pursue the building code violation and what the possible injury could be if not corrected. Upon our tort walk we discovered several windows open to the common
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Business Law assignment In early 2013‚ Beauty- a property developer and Stylish- their customer have a contract over a new house in the eastern sector of Singapore. The house was completed in late 2013. Stylish isn’t happy with the contract because blinds‚ curtains and other window coverings were not provided in the new house. In this research paper‚ we will advise and discuss about Stylish’s contractual rights in relation to the window coverings. Firstly‚ we need to see if this contract is valid
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BUS 2100 – Business Law TORT REFORM Tort reform is a group of ideas and laws designed to change the way our civil justice system works. It’s designed to make it more difficult for injured people to file a lawsuit‚ make it more difficult for injured people to obtain a jury trial‚ and to place limits on the amount of money injured people receive in a lawsuit. In my opinion it’s just all a load of crap that takes a dump on our already sketchy legal system. It takes the rights of the people out of
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CJC 111 Instructor Alyssa Lang February 16‚ 2014 Chapter 7 our text describes many cases that have changed how law enforcement may and may not conduct police activities including the searching of suspects‚ seizure of evidence and arresting suspects and the rights of those suspected of illegal and criminal activities. Out of all these cases the one that has had the most influence on the initial contact with individuals is the case of Terry vs Ohio. Terry vs Ohio
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Tort Reform XXXX XXXXX XXXXXXXXXX University Tort Reform In the past several years‚ the focus surrounding tort law has grown significantly. Why all the attention? Most people say it is because of the increase insurance liability and the recent up rise in ridiculous lawsuits. One of the most recognizable suits out there is the infamous “McDonald’s Hot Coffee” Lawsuit. This well known lawsuit sparked controversy and propelled
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contract who is of age of majority according to law to which he is subject‚ and who is of sound mind‚ and is not disqualified from contracting by any law to which he is subject.” It means that the following three categories of persons are not competent to contract. 1. A person who has not attained the age of majority‚ i.e.‚ one who is minor. 2. A person who is of unsound mind 3. A person who has been disqualified from contracting by some law. Although the above mentioned categories of
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