Brief 3 Circuit City Stores‚ Inc. v Mantor Procedural History • Paul Mantor sues Circuit City Stores‚ Inc. alleging twelve causes of action. • State Court granted Circuit City’s motion to compel Arbitration. • Mantor appealed that the arbitration agreement was unenforceable due to it being unconscionable. Issue If the arbitration agreement between Circuit City Stores‚ Inc. and Paul Mantor was unconscionable? Facts • In 1995‚ Circuit City Stores‚ Inc. instituted an arbitration
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definite address‚ telephone and email address 4/ Business registration‚Enterprise must carry out formalities which law ask to be able to establish legally‚ have its purpose is seeking profit. B) Classification of enterprise VN law: _Based on legal forms: + Limited liability company with more than one member + Sole member limited company + Shareholding company + Partnership + Sole proprietorship + State – owned enterprise + Cooperative + Foreign invested company _ Based on liability
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The term locus standi is the term for the ability of a party to appear in the court and to be heard by the court. No doubt‚ the court vested its discretion to refuse or to allow him or her to proceed in the proceeding. However‚ any persons of the following would be sufficient to provide a complaint with a standing:- 1. he or she has a particular grievance of his or her own 2. he or she is a member of the public who has been inconvenienced 3. a mere stranger There are three locus standi requirements
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petitioner has no legal capacity to sue in the Philippines; Facts: Petitioner Cargill‚ Inc. (petitioner) is a corporation organized and existing under the laws of the State of Delaware‚ United States of America. Petitioner and Northern Mindanao Corporation (NMC) executed a contract dated 16 August 1989 whereby NMC agreed to sell to petitioner 20‚000 to 24‚000 metric tons of molasses‚ to be delivered from 1 January to 30 June 1990at the price of $44 per metric ton. In compliance with the terms of the third
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the legal systems of various countries. These legal forms of business include; • Sole Proprietorship • Partnership (General Partnership‚ Limited Partnership and Joint Venture) • Corporation (C Corporation and S Corporation) • Limited Liability Company (Private and Public) These legal forms have been derived according to their Source of the capital‚ Value of capital investment‚ Nature of ownership‚ Number of owners‚ Nature of liability and many other factors. Each legal form
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deal with the land. A title term prohibits transfer and sublease until it has been fully developed. The 3rd to 11th defendants are shareholders in the 2nd defendant. The 3rd and 4th defendants are also the Directors of the 2nd defendant. The 3rd and 4th defendants on their own behalf and on behalf of all the shareholders of the 2nd defendant had then signed a letter agreeing to sell all their shares in 2nd defendant to the 2nd‚ 3rd and 4th plaintiffs based on the terms stated therein for the consideration
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Andrea Lazalde Professor Mendiola Legal Environment of Business October 21‚ 2014 Court of Appeals of Texas‚ Houston (1st Dist.) MERRY HOMES‚ INC.‚ Appellant v. CHI HUNG LUU‚ Appellee. ISSUE: Chi Hung Luu‚ appellee‚ leased premises in Houston Texas‚ from Merry Homes‚ Inc.‚ with the intention of opening a bar or nightclub on the property. After Luu signed the lease‚ he submitted an application for a liquor license to the city of Houston. The city denied the application
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As per the Income Tax Act‚ 1961 where a person dies‚ his legal representatives shall be liable to pay any sum which the deceased would have been liable to pay if he had not died‚ in the similar manner and to the same extent as the deceased. As per section 159 of the Income Tax Act‚ 1961 (Act)‚ even when a person dies‚ the assessment of his income is to be done upto the time of his death. So‚ the legal representative of the deceased has to file the income tax return for the income on which the deceased
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a) An omission is failing to act. There is no liability for a failure to act. For example‚ if a person is drowning‚ we are under no legal duty to help him‚ even if we are close enough to do so. However‚ there are exceptions to this. When a person is under a contract to act‚ his failure to do so can mean the defendant is criminally liable. This is shown in R v Pittwood (1902) where the gatekeeper of a train track forgot to close the gate. A car went over and the passengers died. The gatekeeper was
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stipulated in the terms of the agreement‚ the guarantor is liable to furnish the delivery. 3. Kafalah bi al-darak‚ it is a guarantee for a property that is free from any encumbrance of claim. This guarantee is meant for guaranteeing an object of a contract is free from any claim that could hinder the transfer of ownership of the property in a particular contract. If there is any claim against the property‚ the guarantor is liable to bear the loss suffered by the beneficiary. Legal rule on ujrah
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