In relation to existing duties, which following statement is incorrect?
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In relation to existing duties, which following statement is incorrect?Performance of existing duties can amount to good consideration.Where the existing duties are exceeded, this may amount to good consideration.Where the promisee confers a benefit on the other party, this may amount to good consideration.Where the promisee assists the other party in avoiding a detriment, this may amount to good consideration
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- Elaine is a secretary for a business. One day a customer comes in to file a new contract while Elaine is seated at her boss’s desk. The customer assumes Elaine is a person of authority, and Elaine is knowledgeable enough to help the customer file the contract. Which response aligns best with this situation? A) Enforceable or unenforceable with agency B) MUST be enforced because Elaine is an agent C) Enforceable or unenforceable—no agencyWhich of the following is the most accurate statement about the duty of loyalty? A. It obligates people in fiduciary relationships or positions of trust to act with the skill and attention normally exercised by ordinary prudent persons in similar positions. B. It obligates people in fiduciary relationships or positions of trust to act in their own best interest. C. It obligates people in fiduciary relationships or positions of trust to a duty of derivation. D. It obligates people in fiduciary relationships or positions of trust to a act in the best interest of their beneficiary.The given scenario involves Joseph and Krystal, who are members of a shared social group and have joined Missile’s Financial Services as middle managers. Each of them reports to a different senior manager, who, in turn, reports to the Managing Director. Periodically, after payday, Joseph, Krystal, and other members of their social group attempt to have lunch together. Joseph expresses distress about his recent experiences with Nicholas, his manager. The issue revolves around a meeting with a new supplier aimed at finalizing a contract. Despite having engaged with the supplier for over two and a half months and reaching a preliminary agreement on costs, Joseph struggled to get Nicholas to review and approve the contract details in the preceding two weeks. The supplier is deemed crucial, offering fast services, a reputable product line, and a favorable cost, even willing to customize stationary at no extra expense. Despite Joseph's efforts, Nicholas, consistently occupied, only briefly…
- Sometimes an issur with a property is discovered during the pre-closing stage. Buyers may be willing to accept deficiencies if they an compensate through a price reduction. Which of the following is correct regarding adjusting a purchase price to offset a deflciency.Select one: O. The value of the price adjustment may become a matter of negotiations between the parties. O. A new agreement of purchase and sale must be drafted and signed to finalize the price adjustment. O. A formal appraisal is always required to determine the adjusted purchase price. O. Buyers are contractually obligated to negotiate an adjusted purchase price.In a situation of conflict of interest, making a good decision requires all of the following except a. Negligence b. Impartiality c. Objectivity d. Fairnesshis question comprises several partial subquestions. Please do not forget to answer all of them. This is all the available information - no other information may be added. The company "Señorío de Begué", originally from the province of Jaén (Spain), is dedicated to the sale and distribution of olive oil. For the next year, it intends to export its products outside of Spain. Señorío de Begué (a fictitious company), has a high-quality product, very prestigious and well known in Spain, as well as a good structure of production and sale for national trade. Although sales continue to increase in Spain, they have decided to make the leap to the international market to continue this line of growth. The company needs someone to take charge of this important new phase for Señorío de Begué. DEVELOP 1. In the first place, you will have to carry out a study of the product and the sector in Spain, as well as its competition. 2. Choose 3 countries to export and analyze the…
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- Michael built a calculator (which graphs) using plans Michael found posted on the internet, but he unreasonably didn’t follow the plans when he constructed the calculator. Michael then sold the calculator to Jack who was injured when the calculator exploded because it hadn’t been built according to the plans. After the explosion Jack was taken to the Hospital emergency room (“ER”) where he signed a consent form authorizing Dr. Joe, the ER doctor, to perform a surgical procedure called Surgery X. But, instead Dr. Joe performed Surgery Y, a different procedure than Surgery X. A. What cause(s) of action should Jack use if he sues Michael for Jack’s injuries. Discuss. B. Has Joe, the ER doctor, committed any intentional torts? If so, discuss.Part A. When does negotiation of an employment offer by a candidate occur? A) Before a written offer is received B) After a written offer is received C) During the interview with the hiring manager D) Negotiation of an employment offer is not possible. Part B. When does negotiation of an employment offer by a candidate occur? A) Before a written offer is received B) After a written offer is received C) During the interview with the hiring manager D) Negotiation of an employment offer is not possible. Part C. What does the Emergency Medical Treatment and Active Labor Act of 1985 (EMTALA) require? A) All hospitals should take care of patients for free. B) Doctors must accept all patients who seek their care. C) Emergency rooms that receive federal money must provide screening and care for a patient with an emergency condition. D) Patients in active labor can get care at any facility they choose. E) None of these is correct. Part D. Interpretive justice is important to understanding…Amy is caring for her aging mother, Milly. Milly has a number of health issues. She has given Amy a power of attorney so that Amy can help pay her bills and handle her business affairs. Amy is concerned that Milly will eventually use up all her assets, including losing her house, to provide for her health care needs. To protect against that eventuality, Amy intends to use her power of attorney to put Milly’s house into Amy’s name. True or False: Amy’s transfer of the house is a breach of her fiduciary duty as Milly’s agent.