Adams v Lindsell (1818) The defendant wrote to the claimant offering to sell them some wool and asking for a reply ’in the course of post’. The letter was delayed in the post. On receiving the letter the claimant posted a letter of acceptance the same day. However‚ due to the delay the defendant’s had assumed the claimant was not interested in the wool and sold it on to a third party. The claimant sued for breach of contract. Held: There was a valid contract which came in to existence the moment
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“Hot Coffee”‚ most people do not know the real meaning of tort reforms. The reason for these proposed changes are based on the facts that people were getting greedy and wanted to make easy and fast money‚ thus were suing for anything they considered damaging for them. Simultaneously lawyers were taking up this opportunity to make money out of the lawsuits that were filed by their clients. Based on the publication in the Legal Dictionary on tort law (web)‚ juries have tried to make sure that the petitioner
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Amanda Fultz Mark Davis BUL 2131-43 8-19-2013 Liability for Agent’s Contracts You run a successful paper mill and send out your three best personnel to secure new wood pulp sources using due diligence and skill. Applying the agency principles outlined in this chapter‚ answer the following questions. Delilah‚ does not return with wood pulp‚ but brings back three contracts. Acting within the scope of her authority‚ she contracted
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Drivers Consider an Umbrella Liability Policy In our litigious society‚ you may want to have an extra layer of liability protection. That is what a personal umbrella liability policy provides. An umbrella policy kicks in when you reach the limit on the underlying liability coverage in a homeowners‚ renters‚ condo or auto policy. It will also cover you for things such as libel and slander. For about $150 to $300 per year you can buy a $1 million personal umbrella liability policy. The next million will
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Doctrine: Limitations in Establishing Corporate Criminal Liability The identification doctrine is the traditional method by which companies are held liable under the principles of the common law. According to this theory‚ the solution for the problem of attributing the unlawful acts to a corporation for offences that require intention was to merge the identified individual with the corporation. For the purpose of establishing corporate liability‚ a company may be responsible for the wrongful acts of
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Brief Overview of Limited Liability Companies Introduction Limited Liability Company (LLC) is often considered as the hybrids of general partnership and corporation. It often referred as a general partnership where the partners have no personal liability and a limited partnership where there is no general partner or a partnership surrounded by a corporate shell (Seipel‚ Tunnell & Zimmermann‚ 1995). The LLC is first adopted in Wyoming in 1977 and then in Florida in 1982. However‚ LLCs
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* Intentional Torts – involve intentional‚ rather than merely careless conduct; assault/battery‚ invasion of privacy‚ false imprisonment‚ trespass to land & the interference with chattels. * It is enough if one intends to do the act even if they did not intend to do wrong or cause damage b/c the law wants to protect property interests. ASSAULT AND BATTERY * Assault – occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent;
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DEFINITION: A tort is a civil wrong beyond a breach of contract for which the law provides redress. A. The law of torts focuses on private right of redress. The aggrieved party sues in tort to recover damages for the harm caused by her defendant. Contrast this to criminal law where the State‚ through government-employed prosecutors‚ pursues the action and extracts the punishment. B. LAWS come from 3 sources: i. Constitution ii. Statutory Law iii. Jurisprudential (or common law) TORT LAW comes
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Running head: MANAGING CURRENT LIABILITIES Managing Current Liabilities: The Great Balancing Act 06/26/2011 One of the most crucial steps in running a major corporation is ensuring that the balance sheet truly reflects the viability of the company. If investors feel that a firm holds too much debt reflecting in poor financial ratios‚ their stock price may become depressed resulting in angry shareholders. Therefore‚ why do companies engage in leveraging activities and worry about contingencies
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Strict Liability Amanda Self BA265 Business Law II Abstract While shopping at Carl’s Hardware Store he was injured by a nail gun that Dan‚ an employee was using. When he noticed that the nail gun was assembled improperly he decided to sue the manufacture of the product‚ Eagle Tools Inc. Under strict liability‚ the manufacture has a liability to make sure that all the products that they sell are in working and safe conditions. While this product fits the requirements that strict liability covers
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