A contract is a legally enforceable agreement between two or more parties with mutual obligations. The remedy at law for breach of contract is "damages" or monetary compensation. In equity‚ the remedy can be specific performance of the contract or an injunction. Both remedies award the damaged party the "benefit of the bargain" or expectation damages‚ which are greater than mere reliance damages‚ as in promissory estoppel. Origin and scope Contract law is based on the principle expressed in the
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Miss Representation film indicate that the negative representation of women continue because the media deploys hyper-sensitized concepts to provide services‚ products‚ and ideas. In my opinion‚ this media misrepresentation works to benefit the manufacturing Firms to advertise their products. They also use female celebrities to market these products by endorsing these services and products. In essence‚ TV commercials have always indicated the reference point for women in respect to their physical
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representation is a misrepresentation. ! There are three different types of misrepresentations:! ! 1. Innocent misrepresentation - an untrue statement not made fraudulently. Maybe made carelessly or with reasonable belief.! 2. Negligent misrepresentation - is a statement made without reasonable grounds for belief in its truth.! 3. Fraudulent misrepresentation - untrue statement made intending to recklessly no caring whether its true or not. ! All three type of misrepresentation could give the
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Cheat Sheet: Note: UCC governs the sale of goods; NOT SERVICES Offer+acceptance+consideration=contract Four types of contracts: 1. consideration: when you have a contract for a bargained for exchange where the promisor receives a benefit to the promisee’s detriment; note: benefit/detriment has to induce the promise 2. moral obligation: promise+antecedent benefit (rare) 3. promissory estoppel: a contract exists when a person reasonably relies upon a promise to his detriment 4. form: some contracts
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the research participant‚ but to review some hidden truth on how some agencies might be providing poor services to their clients. 6. Excluding key data or statistical test information from a research reports is ANSWER- (c) misrepresentation of findings. Misrepresentation is an ethical problem that may not have an immediate effect on research participants‚ but it can have long-term adverse implication. The reported research findings could impact other professionals who are consumers of such studies
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provided by Steele and Mochen. 2. Why does the court conclude that Doña Ana County could be held liable for negligent referral (misrepresentation)? According to Mann (2000)‚ “The Court of Appeals held that when the county law enforcement officers (Steele and Mochen) undertook to provide an employment reference‚ they owed a duty not to make negligent misrepresentations to the subsequent employer‚ and that this duty extended to the patient‚ if a substantial risk of physical harm to a third person
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malpractice was doomed from the start. Because of this‚ it was a huge surprise when the Iowa Supreme Court denied the defendant‚ Cedar Rapids Community School District’s motion for summary judgement. This was a case where a student sued for negligent misrepresentation by a school guidance counselor. One reason why the court may have denied the motion was because it was trying to protect a category of people who were considered especially vulnerable‚ the student-athlete. Bruce Sain who was the plaintiff in
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Introduction In the Law of Contract the phrase “mistake” & “Misrepresentation” is applied when one or both parties of a contract act under a false or mistaken understanding. Mistake can be defined by Pendleton ‚ Vickery (1998)‚ [1] as; ➢ A misunderstanding regarding a fact‚ causing one or more parties to hold disagreeing beliefs about the foundation of a contract. Mistakes can be made in the form of a contracts subject matter or as a mistake of identity. There are 3 different types of mistake
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deceptive or likely to mislead or deceive’: s 52. To mislead or deceive means to lead into error. Therefore‚ misleading or deceptive conduct‚ whether in advertising or otherwise‚ will normally involve some form of misrepresentation. Depending on the circumstances the misrepresentation may be conveyed by words‚ graphical representations‚ pictorial images‚ action sequences‚ or even by silence. The representation may take the form of a statement of fact‚ an opinion or a prediction and may appear on
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2. Consent is thought to be morally transformative of people’s conduct toward each other. Where sex is concerned‚ it is all but universally regarded as necessary to make sexual conduct legitimate. But the question is then‚ is consent also sufficient? Discuss both ’yes’ and ’no’ answers to this question‚ using Soble‚ Wertheimer‚ West and/or Primoratz. Finally‚ which seems the best supported answer? TAKE OUT HEADINGS AND ADD A COVER PAGE I will begin this paper in support of the liberal theory
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