The Masons of Macon, Georgia wanted to buy a new car for a long trip. They were in such a hurry that they left their old van with the dealership as a trade-in, signed blank paper work, and took the new car for their trip. This is a common practice known as a “spot delivery,” which can leave the customer in a position to be taken advantage of by the dealer (Georgia Department of Law, 2015). Upon returning home from their trip, they discovered that although the dealership could find no one to finance their new vehicle purchase, their old van had been sold at auction. The dealer wants them to buy the car, which they cannot afford, or pay for its use. So the dealer takes the car back, tells them the price of the van goes toward what they …show more content…
This current lawsuit has been brought by the Masons regarding the old vehicle, the van that was sold by the dealership to a third party. In response, the dealership has made claims against the Masons for the use of the new vehicle. However, there was no sale of the new vehicle to the Masons. Thus, the arbitration agreement does not cover the present dispute, and the Masons are not required to resolve their dispute using binding arbiration. We will assume that attempts to settle and/or use alternative dispute resolution have not been desired or effective. There are several methods of dispute resolution that are not binding that the parties can pursue if they wish (American Bar Association, 2006), such as mediation or non-binding arbitration, but they are not required to do so. Since the plaintiffs have stated their wish to proceed in this court, and the amont of money at issue is appropriate for small claims, this lawsuit can and will be heard by the Magistrate Court. We will assume that all court procedures have been followed, such as proper filings and notifications; that the evidence and witnesses have been presented by the plaintiffs and the defendants; that arguments have been
On October 29th, 2015, I made the trip to small claims court at the Superior Court North County Division in Vista, California. The case I observed was a contract dispute between Michael Mendell and Ediga Narashima. The plaintiff (Mendell) was sueing the defendant (Narashima) for $4,000 over a breach of contract. Narashima had given Mendell the opportunity to build theatre system and a bookshelf for his home. They both came to an agreement that the total cost of this procedure would be $4,100. Mr. Mendell is a professor at APT College where he teaches telecommunications. Mendell claims that the full $4,100 was never paid to him. During the whole process of the build there was many setbacks and problems that arose. Mendell claimed that while he was working on this home theatre project, he missed out on work and money he could have obtained from his other job as a professor. That is the reason why he is sueing Narashima as well as the fact that Mendell claims Narashima did not pay him his final installment of $300 for the job. Ediga Narashima claims that the final installment was paid through a friend or third party named Mario Diaz. Mario was a friend of both the plaintiff and defendant. He had referred Mendell to Narashima for the job. Mendell counterclaims that he had never received the final installment from Mario. The big question is to whether Mario had payed the final installment to Mendell as they agreed in
The legal system is an essential element in the successful operation of this country. It is a system that is utilized every day, by every type of person, from the average blue-collar worker to the average Wall Street broker. There is a multitude of ways that the legal system is put to use. One such way is the class action lawsuit. A Civil Action, by Jonathan Harr, uses the account of a single case, Anne Anderson, et al., v. W.R. Grace & Co., et al, to illustrate the power and importance of class action lawsuits in the civil justice system.
There had a settlement conference in District Court at 26th Oct. 2011, due to defendant direct rejected settle in court, only spend 30 minutes in the meeting.
Fourth, we have to consider the predictability of this lawsuit. In general, is very hard to predict a jury’s decision. But, in a settlement agreement you can still dictate the terms of the settlement or at least we can work with the other side to reach a compromise that would benefit both parties. Of course, if you would have anything else to request from the other party or you wish a special clause to be added feel free to ask and bring it at the negotiation
I just hated the car ride from Illinois to New York. Not to mention that Pennsylvania is the worst state to drive through. It was worth it to see my Aunt and new uncle and the baby but before that let’s recap. Mom, Lauren and I are in the car on our way to see my aunt Meghan but she lives in New York and we live in Illinois. When we get to New York we go to the hospital and she my aunt. As we get to the room she is in the bathroom and her water breaks. We are out in the hallway because the nurses are trying to see if there’s any complications.
Owning an extravagance auto can be an image of having made progress, and can transform the proprietor into the jealousy of others. Numerous individuals can just long for owning one, in light of the fact that for some, it is basically something they can't bear. Still, it doesn't prevent drivers from needing that experience of being the jealousy of drivers all around, whether while driving not far off, or when halted at a crossing point.
The car to have on a spring afternoon - If you wish to add sun tanning while you drive, that calls in for a convertible to commute in. Even on the nicest of days, people occasionally experience sour moods. Driving a convertible doesn't mean you have to drop the top every time you leave a parking space, you can still choose to huddle beneath the fabric top, preserving that sour face until you are fully ready to face the day. Any convertible in the market should save you from
Analyzing the case through 8 steps framework. Step 1: Facts of the Problem and Goal to be achieved.
Car is a type of vehicle, typically composed of four wheels and powered by internal combustion engine and capable to carry a few number of people. Car is usually private that is used for self or family travelling. It is also called automobiles. [1]
I require the Defendant/s pay off the debt. The losses will be split evenly among The Creamery since 10 dozen cones were actually used while 90 out of the 100 dozen were disposed of for they were a perishable product, now intangible goods, Guy took assumption of risk with giving Fred the authority without mention to Hal for sick leave, and Fred due to over purchase of the product also negligence for lack of research of the regular purchase orders which lead to the companies misfortune of loss. The check will be written to The Cone Lady for the full amount will be due at months end, and no later then said date, for penalties will be enforced. Darlene will be in charge of writing a check order to The Cone Lady once all money is gathered to pay for invoices which were sent to The Creamery by all parties which will be negotiated by Hal, Guy, and Fred in which payment best suits them. Connie does not have to continue business with The Creamery after she
I would like to thank you for this opportunity for allowing me to buy a new car with $20,000. I have taken into account your restrictions about the safety ratings of the car. Inside this letter, I have written a report on as to why this car is the perfect one for me, allowing with physics concepts behind its multiple safety features.
This case is similar as the contract has not been fulfilled (by payment) and for this reason Septimus cannot pass on the title of the car to an unsuspecting third-party.
A dozen years ago, I had this idea: a clear plastic enclosure and mounting brackets for your car so you could change bumper stickers whenever you wanted, and not end up wallpapering your trunk with all the important things you want to express. Yeah, I never went anywhere with that. But when an email about Talelight showed up in my inbox, I was immediately excited. The digital age had finally caught up with bumper stickers!
Private vehicles are at the forefront of the growing epidemic regarding carbon pollution and climate change. (Click) In Australia, cars accounted for 48% of transport emissions in 2013 (Trends in transport greenhouse gas emissions, 2013). However to combat this issue, many cities around the world have actively discouraged the use of private motor vehicles when travelling in and around the city. They aim to reduce the prevalence of cars through the promotion of bicycles, walking and public transport. In Europe, two cities have successfully implemented strategies and campaigns to increase the amount of bicycle travel in and around the cities centre, these are Copenhagen and Houten. The aim of this presentation is to investigate cities where car travel has been discouraged and hence decreased and if and how these strategies can be adopted in Brisbane.