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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compass not working. According to the text‚ “a negligent party who is found to be the actual cause – but not the proximate cause – of the plaintiff’s injuries is not liable to the plaintiff.” Zoom should not be held liable for “all damages set in motion” by its negligent act‚ and in this case‚ it seems that getting dragged from a car and beaten as a result of a faulty compass is too far down the cause and effect chain to be a proximate cause of the negligent act. In this sense‚ there was no way for Zoom
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ARTICLE 2179. When the plaintiff’s own negligence was the immediate and proximate cause of his injury‚ he cannot recover damages. But if his negligence was only contributory‚ the immediate and proximate cause of the injury being the defendant’s lack of due care‚ the plaintiff may recover damages‚ but the courts shall mitigate the damages to be awarded. (n) REQUISITES FOR A QUASI-DELICT 1. There must be an act or omission; 2. There must be fault or negligence attendant in the same act or omission;
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his duty of care‚ as long as it can be proved that the defendant’s careless conduct causes damage‚ injury or loss to the plaintiff while the damages are foreseeable‚ the defendant will be liable to negligence. The following shows why ABC ltd is negligent and therefore liable to Johnny and Kenneth. Negligence is behavior that falls below the standard of reasonable‚ prudent and competent people. The careless behavior alone of the waiter would not incur liability to ABC ltd. Only when it leads to
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Case Study 1 Question 1 Under the Sale of Goods Act 1979‚ A contract of Sale is a contract where a seller transfers or agrees to transfer goods or a service to a buyer for money‚ in the course of a business. The transfer must be for money‚ barter or exchange are not covered. The Act covers sales and agreements to sell. Question
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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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Date: January 27th‚ 2014 To: Musgraves‚ Kacey From: Calm‚ Bea Subject: Unpaid Consulting Fees as performed for “Pasley‚ Bryan & Brooks‚ Barristers & Solicitors**” Memorandum and Objective: The purpose of the memorandum is to provide a detailed review and analysis of the legal situation considering “Paslay‚ Bryan & Brooks‚ Barristers & Solicitors**” and Facts: From the information presented to myself by Kacey Musgraves it is known that Kacey‚ operating under “Arrow Consulting”
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