Chapter 13 Reality of Consent Effects of Doctrines Discussed in This Chapter * Voidable: person whose consent was not real has the power to rescind (cancel) the contract * Necessity for Prompt and Unequivocal Rescission * Must act promptly and unequivocally to rescind a contract * Also avoid actions that suggest that she affirms or ratifies the contract * Send mixed messages‚ delaying the notification‚ etc. Misrepresentation and Fraud * Relationship between Misrepresentation
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The Legal Environment of Business Week Four Chapter Questions 17-3. Daniel is not liable for the debt Rubya defaulted on. The contract did not make Rubya a partner‚ even those she was given profit sharing and management responsibilities‚ she did not poses any ownership of the business. Also under UPA 202(c)(3) no presumption of partnership is made since the profits are wages of an employee or for the services of an independent contractor. Not to mention Daniel did not have any knowledge of
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safety of tramway passengers. Whereas a duty of care occurs‚ the next problem will be whether the authorities have breach their duty of care to the plaintiff. There has to be some safety concerns or risks that the authorities have not take into consideration. Those risks can result in significant damage to the plaintiff. To prove a duty of care exist in this case‚ the foreseeability and vulnerability of the tramway authorities have to be taken in to account. As a matter of fact‚ any accident happen
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home. He has not notified the Department of Environment and Conservation that he owns a magpie. Has Jerry breached the Act Apply (a) the literal rule‚ and (b) the purposive approach. Issue 1 Has Jerry breached the Act according to the literal rule Law According to the literal rule of statutory interpretation‚ we should always begin by reading a legal text literally‚ with words and phrases given their ordinary and natural meanings Fisher v Bell 1961 1 QB 394 Application Did Jerry permit a magpie to
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MEMORANDUM TO: Management FROM: Anonymous Re: Quality costs for consideration Date: February 7‚ 2012 Our firm is the producer of tangible products. We‚ as a company‚ must ensure that we are delivering the highest quality products to our customers to maintain a quality reputation and in order to earn repeat and referral business. We have identified the three types of costs associated with the implementation of quality considerations. We believe that if we are mindful of the following costs our
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Timber Yard. He made known to Frank‚ the sole proprietor‚ the purpose and requirement of the materials and placed an order. John signed a standard form contract and paid a deposit. Two months later‚ problems arose which caused John to delay his business. John incurred financial losses. B. IDENTIFYING THE ISSUES 1.0 CONTRACT BETWEEN JOHN & FRANK. It is obvious that there is a contract for the sales of goods between Frank and John. Therefore‚ terms implied by statute into the sales of
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In the case of the State of confusion scenario‚ there could be many questions‚ and hypothetical answers surrounding this case. However‚ in this case both parties‚ Tanya Trucker and the State of Confusion are technically private entities; therefore‚ logically both parties should go to a civil court. In civil court‚ the plaintiff Tanya Trucker can charge State of Confusion in civil litigation and reimburses the plaintiff for loses caused by the defendant’s behavior of forcing it to use a certain type
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Definition – the law of Trust determines the relationship among trustee‚ trustor and beneficiaries over the property. Trustor means owner of the property‚ which enjoys extended bundle of rights over his property. Trustee is a person who manages the property. Beneficiary: A beneficiary is anyone who receives benefits from any assets the trust owns. We have two types of trust. First division of types: First is Inter Vivos - the management of the property during one’s lifetime. Mortis Causa –
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|Strayer university | |Systems Consideration in HRIS | |Week 3 Assignment – HRM520 | |
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McGurn v. Bell Microproducts Inc. 284 F.3d 86 (Massachusetts) ISSUE OF THE CASE Bell Microproducts‚ Inc. mailed to McGurn an offer of employment that stated that if McGurn were terminated without cause during the first 12 months of employment‚ he would receive a severance package of $120‚000. McGurn crossed out 12 and replaced it with 24‚ and signed the contract. Bell did not acknowledge the change that had been made to the contract and hired the applicant. McGurn was terminated without cause
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