Identifying And Applying The Relevant Law

Legal research is not only about discovering how the law applies, it is also about determining how strong case is. Using legal research we are analyzing strength and weaknesses of client’s case, and using counteranalysis we determine how opponent can use weaknesses against us. In this paper we will establish why counteranalysis is important and why do we use it, when we use it and where we can apply it.

The supplier in this scenario could additionally sue the agent as well for damages on the basis of misrepresentation of authority.

There are two general partners, each of whom contributes $5,000 in capital to a limited partnership. There are two

Did Westby commit fraud? Fraud constitutes the making of false statements (1) with the knowledge of its falsity or reckless indifference to the truth (2) the intent that the listener relies on it (3) the result that the listener does so rely on it, and (4) the consequence that the listener is harmed.

Starting from the beginning, the original post the sale, on November 1, Dr. Peters wanted to sell 850 tubes of toothpaste. In the sale ad it states "Write me if wanting to accept". Therefore, Sam did in fact put a check in the mail the same day, November 1. This is considered to be a part of the mailbox rule in which "an acceptance sent via the postal system or by courier is effective when sent" ((Luizzo, A., 2016, pg. 127). Therefore, the acceptance of the sale is a contract between Sam and Dr. Peters. However, a written contract should have followed; as it states in the Statutes of Fraud that in order to be legally binding, sales dealing with "personal property of $500 or more" must "be in writing to be legally enforceable" (Luizzo, A., 2016, pg. 201). The two parties have entered into a valid and express contract.

What is hydraulic fracturing or fracking, and is it safe for our environment? What types of environmental issues are there with fracking? Are the laws in place for fracking good enough or should they be stronger? How much energy does the United States need for the future and is hydraulic fracturing the answer? These are all good questions

With McCrudo destroyed by the storm and with no where else to go, Ricky and his crew join the warm welcoming Delta research facility - Who is run by a woman called Rebecca. As the crew members of McCrudo settle down in to their new home, they begin to pull their weight around the base by doing various chores. Ricky becomes suspicious of Delta’s operations, when he comes across a prison like science lab with an array of security features, such as cameras, locks and sensors. When asked what this lab is used for, and why is there so much security, Rebecca warns Ricky to stay out of her business.

The owner would have to make the final payment although it was a breach of the contact from what was requested from the beginning. When the owner and the builder entered into a contract with an accurate agreement and then it became untrue the contract was a minor breach. As the textbook states, “A minor breach is when the party has substantially performed but has not strictly performed” (Lau, 2012, p. 191). An example from the textbook was when a builder put red title in an owner’s foyer of his home instead of blue tile that he requested, “presumably the builder acted in good faith, he produced a house that is capable of being used for its intended purpose” (Lau, 2012, p.

this case could be an tricky in the court, because in the contract they only

Issue: No straight forward SOP in place with set ups for the client, URS or Minol to follow. Work arounds not working. Incorrect vendor codes and past due bills coming to Minol that have to be rushed to set up causing trickle down errors. For example, incorrectly coded AP files, extra research, delays in bill payment, late fees, potential shut offs to be averted and emergency payments by URS. Late funding is also an issue that trickles down and causes many problems such as late fees, research, the need to request provider extensions, and the potential for double payments as other players seek to resolve.

The chances of successfully enforcing the contractual agreement between Casino Ltd. and its employees depends upon the issues raised, the rules and subsequent applications that could be established by the trade union against Casino Ltd.

This proves that Mayella was being deceptive as she couldn’t even get her own story straight, it also felt like she was lying from the start as her whole story didn't make much sense.

Reached East tamaki director as regard this phone is not fully visable Unpractical without a console and presently suspended and rendered unusable hence

If parties enter into a contract that is reflective or derives from a mistake, under common law the contract may be void or voidable. The basis of this decision depends on the type of mistake. Shogun Finance Ltd v Hudson presented a unilateral mistake, in which only one party is mistaken, and in this case, a mistake as to the identity. The difficulty lies when judges must decide whether a contract is void or voidable, which will only protect one of the two arguably innocent parties, the original property owner or the bona fide purchaser. However, the approaches previously taken by the Courts have led to a lack of certainty and coherence in the interests of commercial transactions, and so the Shogun case presented an opportunity for clarification. I am going to raise the argument that the law of mistake is in need of a reform, by following Lord Millett’s proposal to no longer follow the cases Cundy v Lindsay and Ingram v Little. The reasoning within this argument will establish that the cases are inconsistent, lack support for third parties and fail to establish the authority of creditworthiness over identity in commercial contracts. Alternatively, the cases Phillips v Brooks and Lewis v Averay should be used to create a clear established line of case law which can be seen as a fair and practical approach towards mistake and protecting the bona fide purchaser.

The Court affirmed that the law on passing off protected goodwill in a trademark against erosion, and that it was not intended to protect a person who deliberately set out to take advantage of somebody else’s commercial reputation. Noting that one of the defendants had been involved in the plaintiffs’ image building program, the High Court of Bombay found that the facts of this case showed no apparent reason why the defendants adopted the name KIRLOSKAR, except that it was deliberately used to cash in on the goodwill and reputation of the plaintiffs and the Kirloskar Group of Companies. Accordingly, the Court rejected the defendants’ appeals and affirmed the order of the District Judge by observing: