Detrimental Reliance Detrimental Reliance occurs when someone takes action or fails to take action because of what appeared to be a promise made by another individual‚ without knowing if true or untrue. It is very similar to Promissory Estoppel in that the other party is "estopped" or legally prevented from denying liability‚ even though no formal contract was formed‚ because of its promise. An estoppel by representation [of fact] will arise between A and B if the following elements are made
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The primary legal issue was the claim of negligent misinterpretation and the secondary issue was the third party breach of contract. The Bank claimed that it suffered losses as a third-party beneficiary of the engagement contract to conduct the audit between Brandon and GKCO. The Bank also claimed that GKCO committed the tort of negligent misrepresentation. According to the definition‚ when the parties enter into a contact‚ they can agree that the
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Business Law – Outcome 2 (Law of Contract) Identify and describe the essential elements of a contract There are 3 essential elements in a contract: * There must be an agreement on all material aspects (Consensus in idem) Both or all parties in a contract must have the same understanding of all terms within the contract. To reach and consensus in idem‚ any acceptance must meet one of the offers made. If a party makes changes to the original offer then this is considered a conditional offer
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Bily v. Arthur Young & Co.‚ 834P. 2d 745 – Cal: Supreme Court 1992 Summary of the case The litigation was brought by investors of Osborne Computer Corp. a computer manufacturing company. The business was founded in 1980 by Adam Osborne. The Company grew rapidly‚ and by fall of 1982‚ sales reached $10 million per month‚ making the company one of the fastest growing enterprises in the history of American business. Late in 1982‚ Osborne planned an initial public stock offering. In the process
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1) a) Explain how the making of the contract between the consignor and the railway station can exist? The contract between the consignor and the railway company will existing when the railway company has accepted the goods for carriage from the consignor and together with the consignment note make by consignor. The acceptance will be established with the consignment note and will be stamp of the forwarding station. The consignment note is made by the consignor with three copy‚ each copy for
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Chew under misrepresentation A special relationship between Chew and Don [Hedley Byrne v Heller] Representor has reasonable grounds to believe his statement was true. Is a term; as Chew would not invest in the bonds if not for Don’s words. Sue for negligent misrepresentation (Using “But-for” test to assess damages) Suing under the Tort of Negligence‚ Chew has to prove: Duty of Care owed to Chew by Don - Factual Foreseeability‚ proximity checked Hedley Byrne v Heller (1964) - Negligent misstatement
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references were made by another Detention Center supervisor. Plaintiff sued the County for negligent misrepresentation alleging that the misinformation provided by the Detention Center employees‚ Steele and Mochen‚ actually caused Herrera to be hired at MVH and Plaintiff to be assaulted. 2. Why does the court conclude that Dona Ana County could be held liable for negligent referral (misrepresentation)? The court concludes that Dona
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BUSINESS LAW INDIVIDUAL ASSIGNMENT QUESTION 1A Legal Issue This aspect involves LAW/ RULE OF OFFER AND ACCEPTANCE. Discussion of the legal principles “… agreement can be resolved into an offer by one party (the offeror and an acceptance of that offer by the other the offeree. Contract is an agreement between two or more people. Discussion of the legal principles One of the parties must have made an offer The offer must have been communicated to the offeree The offer must not have been
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misinformation 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
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* IPAAC * Issues e.g. whether there was a breach of duty * Principles e.g. Breach if burden of harm was not great * Authorities e.g. Woods v Multi sport holdings ltd * Applications e.g. The burden of using helmets was significant * Conclusion e.g. there is no breach Law of Contract Terms of the contract * Express terms * Terms stated and agreed to by parties * In simple cases‚ terms stated in offer * Eg‚ $ reward for cat
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