Mcclain V. Octagon Plaza Facts, Issue, Rules of Law, Application of Rules, and Conclusion

The collective bargaining agreement between the National Hockey League and the player’s association stipulates that arbitration must be used initially in order to resolve disputes relating to salary, grievances, and system. A case that did a good job of demonstrating the authority of the collective bargaining agreement’s stipulation of an arbitration clause was McCourt v. California Sports, Incorporated. In this case plaintiff signed a National Hockey League Standard Players Contract to play professional hockey with defendant team. After defendant picked up a free agent from another team, the other team proposed that plaintiff's contract be assigned to it as compensation. An arbitrator agreed and plaintiff's contract was assigned. Plaintiff filed suit alleging that the reserve system and the assignment of his contract as compensation for the free agent violated § 1 of the Sherman Act, 15 U.S.C.S. § 1 (1976). The district court entered a preliminary injunction restraining defendants, hockey league, team, and players' association, from enforcing the arbitration award and from penalizing plaintiff for refusing to

The Association alleged in its lawsuit that certain elements of the property were not constructed in a good and workmanlike manner including 1) failure to properly install and flash windows and other exterior penetrations; 2) properly caulk the exterior penetrations; 3) failure to properly install the weather resistive barrier; 4) failure to properly to install the stucco exterior; 5) failure to properly install the EIFS exterior and 6) failure to install brick exterior.

Section 1, titled terms lists the terms of the contract. The terms of the agreement must be definite and certain. All material terms must be included. The material terms allow a court to determine what the damages are in the event that one of the parties breach the terms of the contract. Section 1, of Exhibit D: Commercial Lease Agreement list the date the lease starts and the date the lease ends. It then lists the damages that the tenant may take if the landlord is not able to provide the leased premises in a timely manner. The section then goes on to state the terms of the renewal process. The process of renewing the lease is set with a written notice of 90 days. This process is definite and certain. The renewal provision then states that the terms shall be at the rental listed in the below sections of the agreement and upon the same covenants, conditions and provisions as contained in the lease agreement. Both the terms listed to lease the premises and to renew the contract is definite and certain and it lists the material terms.

When considering the facts of the Margolin’s lawsuit with the rules of jurisdiction, first one must understand when personal jurisdiction and subject matter jurisdiction would be applicable. As stated in the textbook, “Personal Jurisdiction is a court 's power to render a decision affecting the rights of the specific persons before the court. Generally, a court 's power to exercise in personam jurisdiction extends only over a specific geographic region.” (Kubasek, pg.42, 2009). Before a court can decide to implement control over a person, they require a minimum contact within the district in which the court is over. In this case, the minimum contact was established over the internet when Margolin inputted information over the internet that completed the business transaction. Since the contact is through the internet, and not within boundaries of the state of California or Florida, the court can exercise personal jurisdiction Margolin’s lawsuit over Funny Face and Novelty Now (Kubasek, 2009).

Visits = 2,187.26 – 1,350 = 837.26 visits per month/ 30 days = 27.9 visits per day or 28 extra visits per day

$110.10 was also vouchered and has not been pick-up/returned to Mr. Carlton Smith. A total of $205.96 was vouchered - that amount is consistent with the allegation of missing USC that was reported to CCRB Investigators by Mr. Smith.

The error was obvious and can be proven as the owner forgot unintentionally to “insert the number of weeks specified by the tender in the appropriate blank.” The contractor asked to be given the opportunity to show to the court and to the owner his estimate.

The Chancellor and Smith informed the Board of Trustees that only 20 thousand square feet of the Conn’s property would be leased. At the same time, HCC would use the remaining 5 thousand square feet.

much as 60,000 square meters of retail space. He also thought that Melon should make a one time

Peter booked a room for a week at Macgregor Hotel. At the reception desk, where he made the booking, was a notice limiting the hotel’s liability for loss of, damage to guest’s property.

Both statements were incorrect. Studmaster gave Mrs Tran 7 days to agree to the lease

The contractors did not properly communicate their design change to the engineers, the only made changes to shop drawings and not through a written request, (Ratay, 2010).

The partners have chosen to sign a long-term lease in a newly constructed building that will house retail space on the first floor and the remaining floors will house additional office

There was a transformation for the new Villa Mairea floor plan layouts. He fixed all the details

The firm signed a long-term lease with PennState Leasing last year for trucks where one of these trucks will be available for use on the new project in month 1, two for month 2, three for month 3 and one for month 4. The long-term leasing