INTRODUCTION A contract (according to Gibson 1997) is a lawful agreement made between two or more persons within the limits of their contractual capacity‚ with the serious intention of creating a legal obligation‚ communicating such intention‚ without vagueness‚ each to the other and being of the same mind as to the subject matter‚ to perform positive or negative acts which are possible of performance. Contracting parties through agreement‚ breach and operation of law can terminate contractual
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Partner From: Noelle Milburn Date: August 2‚ 2010 Re: Angela Woodside vs. Doyle Construction 1. Has Doyle Contractors breached its contract with Angela Woodside? Explain your answer fully. 2. Does Ms. Woodside have to wait until after April 1‚ 2008 to sue Doyle Contractors for breach of contract? Explain your answer fully. 3. Assuming a breach of contract has or will occur‚ what remedies does Ms Woodside have after the breach? 4. What defenses might Doyle Contractors raise in
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Homeopathic Remedies Research has proven alternative medicine to be both safe and effective. The practice of alternative medicine has been around for centuries‚ however‚ many Americans ridicule this old way of treatment. There are many different forms of alternative medicines available to the public that are on the market today. Prescription drugs have been compounded to “cure” all ailments‚ everything from physical pain to mental illnesses. Although many physicians are seeing positive results from
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the agreement. Hence‚ the critical issue before the Judge was whether the court‚ in dealing with an application to set aside an arbitral award founded on a contract which had been held by an arbitral tribunal to be valid and enforceable‚ could reopen the arbitral tribunal’s findings of fact and/or law and decide for itself whether the contract in question was illegal. In this regard‚ the Judge held‚ after examining a number of decisions from England‚ Australia and Singapore as well as a textbook commentary
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1. Shipment or delivery The obligation of Seller to ship or deliver the goods specified on the face of this Contract (“Goods”) by the time or within the period specified on the face of this Contract shall be subject to the availability of the vessel or the vessel’s space. If‚ under the terms of this Contract‚ Buyer is to secure or arrange for the vessel or vessel’s space‚ Buyer shall secure or arrange for the necessary vessel or vessel’s space on berth terms basis and give Seller shipping
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CHAPTER 11 NATURE AND CLASSES OF CONTRACTS CHAPTER OUTLINE A. NATURE OF CONTRACTS 1. DEFINITION OF A CONTRACT general rule. A contract is a legally binding agreement. Stated another way‚ "a contract is a promise or a set of promises for the breach of which the law gives a remedy‚ or the performance of which the law in some way recognizes as a duty." (Restatement‚ Contracts‚ 2d) study hint. The essence of a contract is that (1) by mutual agreement (2) parties create obligations that
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Issue: Does Pete have an enforceable contract with Debbie? Rule : : Contract formation requires mutual assent (offer and acceptance)‚ consideration‚ and no viable defenses to contract formation. 1. Is there a valid offer? Offer an offer is the manifestation of a willingness to enter into a bargain‚ in must be done in such a way that another person should understand that his assent to that bargain is invited and will conclude in forming a contract. Pete has to show that Debbie made a promise
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Deirdre Mulligan‚ the faculty director at the Berkeley Center for Law and Technology. “[This] means the number of instances where we might have a breach is going up.” On the following pages‚ InsideCounsel takes a look at fallout from some major data breaches‚ recent legislative and regulatory developments in data privacy law and ways to prevent a data breach before it’s too late. Data Disasters A “global cyber fraud operation” sounds like something straight out of a James Bond movie. But when cyber
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Commercial Code (UCC) Does Article 2 of the Uniform Commercial Code (UCC) apply to the contracts between Grocery‚ Inc. and its vendors? Do common law contracts apply? Explain your answer in detail. Your answer should compare and contrast law contracts and UCC Article 2 contracts. The Uniform Commercial Code (UCC) Article 2 applies only to contracts for the sale of goods. The definition of goods is defined as goods that are tangible‚ movable‚ or personal property. However‚ UCC Article 2 does not apply
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Introduction: Data breach has always been a sensitive topic‚ let alone when the data breach is related to banking. In the mean time‚ there’s a breach was found happened to the online banking system of the competitive bank of First Union Bank‚ and the hacker had stolen quantities of customers’ personal information and data. It has been an alarm for all the banks‚ it reminds the whole society to be alert of the damage caused by the data breach. The Chief Information Officer of the First Union Bank
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