Topic 3: Contract Law *What is a contract? a legally enforceable agreement; that is, an agreement enforceable in a court *Types of contracts Number of parties: * Unilateral – one party (eg reward case) * Bilateral – two parties, both with mutual obligations * Multilateral – more than two parties, all with obligat0ions Form: * Simple Contracts: written; oral; part-written & part-oral * Need all elements of a contract , including consideration * If all elements
publisher want to publish his book. The relevant legal laws that we’ve looked upon are mere representation, distortion of a positive statement and fraudulent misrepresentation. After researching through the legal framework that’s applied to this case, we support the plaintiff and hence, Stanley should sue Shirley because she misrepresented the fact that Stanley had written a great book. However, Stanley is also at fault here since he didn’t question her regarding why she wanted the manuscript she clearly
“….if the creditor bank has notice, actual or constructive, of undue influence exercised by the husband (and consequently of the wife’s equity to set aside the transaction) the creditor will take subject to that equity and the wife can set aside the transaction against the creditor…as well as against the husband.” (per Lord Browne-Wilkinson in Barclays Bank plc v O Brien [1994] 1 AC 180 at 191) Critically discuss the above statement. Analysis of wife’s equity to set aside the husband’s transaction
Wrongful Termination Kenneth L. Mowery BUS670: Legal Environment Prof. Alexis Hooley August 20, 2012 Wrongful Termination “Over the past 20 to 25 years courts have been carving out common law exceptions to employment at will” (Mallor, Barnes, Bowers, & Langvardt, 2010, p. 1338). One of those exceptions is that of wrongful termination or unjust dismissal. In the past three years there have been five wrongful termination suits brought against Haywood Regional Medical Center. Three
times the purchase price of the home. An agent flees the state after making a deal, leaving the clients and the realty company in trouble. Worse still, frivolous claims can be made against an agency. Even from those unfounded or frivolous claims, legal expenses must be paid no matter who wins in court, and those costs can be devastating to a realtor’s time and finances. Risk Management in Real Estate [1] The National Association of Realtors (NAR) Risk Management Committee explains that risk management
RAPIDS CHEESECAKE AND WINERY RESTAURANT BUSINESS LAW PLAN BUSI561 – Legal Issues in Business Liberty University November 11, 2010 ABSTRACT RAPIDS is a privately-owned company that operates a number of cheesecake and wine restaurants. Originally founded in New York City, RAPIDS has since expanded to include international locations. RAPIDS was formed as a subchapter S corporation. The company abides by the highest ethical principles and ensures that all employees maintain these high standards
CEO is a director delegated the power to manage the business of the corporation. In other words, as a managing director, he or she is bound to give continuous attention to the affairs of the company. Usually a managing director is employed under a contract of service
Assignment 1 – Understanding the legal requirements for a valid contract The essential elements for a contract, who apply in all cases, are: 1. Offer- made by offeror to the offeree , it is very important to distinguish this from invitation to treat ( which invites offers to be made) 2. Acceptance – Offeree accepts the offer that has been made. Rolls Royce Car 3. Consideration- Something of value passes between the two parties e.g.: A
of land, specific performance is the proper award for damages to the injured party. Decisions: 1. The addendum did not constitute rejection/counter-offer to the original agreement, but rather confirmation regarding a prior oral conversation. 2. Due to the circumstances of the contract (that it be for sale of land) specific performance will be awarded. Rudder V. Microsoft Corporation (pg.328) Rudder – Plaintiff Microsoft – Defendant Facts: • A class action was filed
another. It is also a federal offense. Does not mandate treatment but must stabilize patient during emergency.Not to abandon a patient Once agreed to care of a patient -- now in a legal contract. It is possible you can be charged with abandonment if not given formal notice of withdrawal from the case. And you must allow patient time