In order for Buyer to sue Seller for breach of contract regarding the bees and hives‚ Buyer must establish that there was a valid contract. To establish breach of contract‚ Buyer must show there was an offer and acceptance supported by consideration. Bilateral Contract One in which there are mutual promises between two parties to the contract‚ each party is both a promisor and a promise. Right and duty on each side‚ in which a promise is established on both sides. UCC or Common Law
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Both Ross and TJX are growing and remaining financially sound. As an off-price storefront retailer in a market where there is a growing e-commerce presence‚ that can be somewhat difficult. But fortunately‚ these two companies are striving and remain above majority of their competitors. Ross is a growing company that has only barely tapped into their market. With stores in only 36 states‚ there is still plenty of room to expand and reach more customers‚ without having to invest in creating any new
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Breach of Contract BUS311: Business Law Instructor Katheryne Rogers 3/18/2011 Breach of Contract Breach of contract can happen by a party intentionally breaching the contract or because of unexpected delays. In this paper I will discuss the contract my brother had with an in home appliance sales company. My brother and his wife purchased all of their appliances for their new home from an appliance company. The written agreement was that payment for the appliances was to be made upon delivery
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BREACH OF CONTRACT 1. 2. 3. 4. 5. Default of the debtor (Mora Debitoris) Default of the creditor (Mora Creditoris) Positive malperformance Repudiation Prevention of performance (rendering performance impossible) Default of the debtor (Mora Debitoris) Any obligation under a contract has a time limit for its performance‚ be it an agreed fixed period or in the absence thereof a reasonable period. If the debtor neglects or fails to perform timeously‚ he/she commits breach of contract. Lawyers then
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eStore at Shell Case Analysis – Student sample Case Synopsis In 2002 Shell Canada‚ a large Oil and Gas company‚ launched the eStore software application to service their price-sensitive Agricultural market segment by offering a lower cost service. Calvin Wright (eProduct manager) helped implement the eStore application‚ which was geared to service this Agricultural Segment market. The Agricultural Segment was considered by Shell to be high costs since local sales representatives were used in
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seller at the time or observe how much they tried but all they will look for is if there is a breach in the contract and if there is‚ the seller is liable. Section 13 states that the goods must correspond to their sale description. This applies to both private and public transactions. As mentioned before‚ this section has strict liability attached to it; the court will be looking for whether there is a breach in a contract. However‚ the seller will have to prove that they relied on that description
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Breach of Confidentiality Advanced Healthcare has strong emphasis on patient satisfaction‚ convenience and patient privacy. Advanced Healthcare has an EMR and LIS. Advanced Healthcare is a mid-size clinic with an Urgent Care Clinic. The staff in smaller clinics often has multiple functions. The employee involved was a lab tech who generally worked nights and weekends to support Urgent Care. She had access to Electronic Medical Record to be able to search for lab orders. During implementation phase:
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Data Breach Brandon Harvey CSIA 301-7381 August 8‚ 2012 Professor Abraham Bloom Abstract The ChoicePoint data breach occurred in 2005. This insider data breach brought to light how a company can still be vulnerable to having data stolen from its databases even without any type of hacking of their system. By not properly vetting request for new accounts and request for information led to the theft of over a hundred thousand records of people’s personal information. ChoicePoint Data Breach ChoicePoint
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Target Data Breach Charles Moore American Military University Abstract Target a large retail corporation that operates over 1‚700 stores across the United States. They also operate as an online retailer at target.com. In 2012 the retailer earned more than $73 billion dollars in revenue and grew their sales by 5.1% from the previous year. Looking at the revenue and sales growth rate it is hard to fathom that more money could not be spent to ensure that consumer data is protected as much as
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HITECH ACT is the Breach Notification Rule. A HIPPA rule that requires HIPAA covered entities (CE) and their business associates (BA) to provide notification following a breach of unsecured protected health information (PHI) (HHSwebsite). CE and BA must notify U.S department of Health and Human Services (HHS)‚ some situations the media‚ and all individuals whose PHI has been breached (hhswebsite). Plus‚ all notifications must be made no later than 60 days after the discovery of the breach (bok). So‚ what
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