Purpose The purpose of this paper is address the issue of turnaround time in contract negotiations. We will present recommendations on how to streamline the contract negotiation process by implementing a change in the current process and creating a standard contract. Background Liferay‚ Inc. is a software and service oriented company who has an open-sourced product. It was founded in 2004 in response to growing demand for Liferay Portal‚ the market’s leading independent portal product that was garnering
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Misrepresentation Step 1. Determine whether the meaning of the representation is false or not – objective test Step 2. Three possibilities of a misrepresentation: 1) It is a term of the contract; 2) It constitutes a collateral contract; 3) Does not acquire contractual status at all. Step 3. Results: 1) Rescission of the contract; 2) Damages in tort (if the tort of deceit or the tort of negligence can be made out) Smith v Lane & House Property Corp This case deals with the situation
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charter‚ the evidence shall not be excluded if it is established that‚ having regard to all the circumstances‚ the admission of it in the proceedings would bring the administration of justice into disrepute (charter). If the court finds that a Charter breach has occurred‚ the evidence should not be excluded pursuant to section 24(2) of the Charter. The test set out in R v. Grant
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Contract With America In the historic 1994 midterm elections‚ Republicans won a majority in Congress for the first time in forty years‚ partly on the appeal of a platform called the Contract with America. Put forward by House Republicans‚ this sweeping ten-point plan promised to reshape government. Its main theme was the decentralization of federal authority‚ deregulation‚ tax cuts‚ reform of social programs‚ increased power for states‚ a balanced federal budget were its chief ambitions. With
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Business Law Assignment; Mistake in contract law‚ is a factual misunderstanding that may lead to a failure of a meeting of the minds. Unilateral mistake is mean that is only one party is mistaken‚ but the other party knows‚ or ought reasonably to be aware of the mistake. Contract may be void or voidable. Void is a contract that is no legal effect. While‚ voidable is an agreement that may be affirmed or rejected at the option of one of the party. The reason why Lord Denning took the view that these
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enter into a short futures contract to sell July silver for $17.20 per ounce. The size of the contract is 5‚000 ounces. The initial margin is $4‚000‚ and the maintenance margin is $3‚000. What change in the futures price will lead to a margin call? What happens if you do not meet the margin call? Problem 5.2. What is the difference between the forward price and the value of a forward contract? Problem 5.3. Suppose that you enter into a six-month forward contract on a non-dividend-paying stock
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relating to the remedies for defective goods can be considered satisfactory. In this essay I will outline the remedies available in cases of defective goods from the Sale of Goods Act 1979 and the criteria that constitutes a material breach. I will then go on to outline the other remedies available in supply of goods cases such as hire purchase and hire etc.‚ using the Supply of Goods (Implied Terms) Act 1973 and the Supply of Goods and Services Act 1982. After discussing all the remedies available
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Chapter 7 Critical Thinking Exercise 1. Define the Objective Theory of Contracts. Answer: Objective Theory of Contracts is defined as the parties’ assent is not judged by the subjective intent by each party‚ but by the objective intent that a similarity situated reasonable person would understand the parties to have. 2. On May 1‚ Brand Name Industries‚ Inc. (BNI)‚ sent Carol a letter‚ via overnight delivery‚ offering to employ her to audit BNI’s financial statements for the current year
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monthly budget can help ensure you pay your bills on time‚ have funds to cover unexpected emergencies‚ and reach your financial goals. Most of the information you need is already at your fingertips. To create or rework your budget‚ follow the simple steps outlined below to get a clear picture of your monthly finances. You can also use our free online budgeting calculators below to budget for certain specific purchases or events. 1. Add Up Your Income To set a monthly budget‚ you first need to determine
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A futures contract is a commitment to make or take delivery of a specific quantity of a commodity or other financial obligation at a predetermined place and time in the future. All terms of the contract are standardized and established beforehand‚ except for the price‚ which is determined by open outcry in a pit or ring on the exchange trading floor of a commodity exchange. All contracts ultimately are settled either through liquidation (by offsetting purchases or sales) or by the delivery of the
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