1. Does a partnership exist? a. Is there a business? i. Yes. S1(b)‚ Hope v Barthrust City Council (1980) 144 CLR 1‚ implied that a business is a commercial activity which has repetition & continuity. The judge held that “a business is a commercial enterprise which is a going concern engaged for the purpose of profit on a continuous & repetitive basis”. b. The business must be carried on i. This again involves continuity and repetition. The case had mentioned that the restaurant would run from a leased
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Case Brief GATOR.COM CORP. V. L.L. BEAN‚ INC. 341 F.3d 1072 (9th Cir. 2003) (1) Facts: March 2001‚ L.L. Bean’s corporate counsel mailed Gator a cease and desist letter requesting that Gator stop its pop-up windows from appearing when customers visited their website. Gator refused to change its practices‚ and instead filed a lawsuit in federal district court in California seeking a declaratory judgment. L.L. Bean filed a motion to dismiss the case for lack of personal jurisdiction. In November
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10 3 30 50 minutes Very short answer questions 10 1 10 15 minutes 2. Weightage by content Unit No Unit Sub-Units Marks 1 Introduction 4 2 Consumer Equilibrium and Demand 18 3 Producer Behaviour and Supply 18 4 Forms of Market and Price determination 10 6 National income and related aggregates 15 7 Money and Banking 8 8 Determination of Income and employment 12 9 Government Budget and the economy 8 10 Balance of Payment 7 Total 100 3. Difficulty level of the question
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contract with Medtronic was unenforceable and offered him a job. Hughes accepted. Medtronic filed a suit‚ alleging wrongful interference. Which type of interference was most likely the basis for this suit? Did it occur here? Explain. [Medtronic‚ Inc. v. Hughes‚ 2011 WL 134973 (Minn.App. 2011)] (See Intentional Torts against Persons.) Answer: For this suit‚ there is a wrongful
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FAPE‚ no cost‚ no deny mental retard. Stuart vs. Nappi 1978 Student stay in school despite bad behavior Armstrong vs. Kline 1979 Extended school year services Hendrick Hudson School vs. Rowley contested IDEA and lost. Board of Education v. Rowley 1982 Individual plan & supportive services. A program of a special child is compared to the program of a none disabled for appropriateness. Abrahamson vs. Hershman 1983 If residential placement is required‚ school must provide it via district
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Alternative Dispute Resolution The case selected is a construction defect case‚ Haynes v. Adair Homes‚ Inc. The case was lastly filed in the Court of Appeals of The State of Oregon. Hynes v. Adair Homes was initially filed in the Clackamas County Circuit Court. The plaintiffs Paul and Renee Haynes contracted with the defendant Adair Homes‚ Inc. for the construction of their home. After completion of the house‚ they discovered extensive water in the underfloor crawlspace. Ponding water in the crawlspace
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Peter – Omission Giving Rise to Wrongful Birth Thirdly‚ Peter can make a potential claim against Dr. Jones in regards to whether Dr. Jones owes Peter a duty of care for his negligence in performing the vasectomy operation? In the case of Parkinson v St James and Seacroft University Hospital NHS Trust‚ it was validated that regardless if the child is suffering from a sickness or not‚ as long as the doctor was the cause of the pregnancy‚ he will still be held liable for what he did. The medical practitioner
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Case: BROWN v. BOARD OF EDUCATION‚ 347 U.S. 483 (1954) Facts: The consolidation of five different cases involving the legality of segregation of public schools. In each case representatives for black children petitioned the court to allow admittance of black children into white schools. In four of the five cases the district court ruled in favor of the school board‚ stating Plessy v. Ferguson. Which found that the rights of the black children were not violated as long as all things were equal
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A time in which I have read in the QUEST form was when reading the novel Crank by Ellen Hopkins. The novel is depicted by a 17 year old girl named Kristina whose entire life is destroyed by “the monster”. Her downhill spiral began when she took a summer trip to visit her father‚ (whom she soon discovers is playing with the monster). Before long
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IPhone Price Analysis Project – Product Analysis On April 1‚ 1976 Apple Computer Inc.‚ was created by Steve Jobs‚ Steve Wozniak‚ and Ronald Wayne (Jay‚ 2008). Through a shared vision the group created the first Apple 1 personal computer. Later in the year‚ Ronald Wayne sold his share in the company back to his partners. Apple Computer Inc. was incorporated in 1977. Apple Computer Inc. became a major competitor in the high-tech computer world. Over the next couple of years‚ Apple Computer
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