Hilgendorf As An Independent Contracter

Decent Essays
Mr and Mrs Hague entered into a contract with Hilgendorf by hiring Hilgendorf as an independent contractor. There are very specific rules when entering into this form of contract. Principals, in this case, are bound by their authorization of these contracts. The Hagues sent Hilgendorf a letter of termination of their real estate contract only 5 months in to their 12 month contract. One of the ways that a contract can be terminated is if both parties mutually agree to the termination. In this case, both parties did not agree, so the contract was still valid. A month later, Hilgendorf found a bona fide buyer and presented the case to the Hagues. The Hagues denied the offer, even though it was exactly what they had asked for. Another termination

Related Documents

  • Great Essays

    The court decided the contract was a sale of services and was enforceable because the agreement consisted of a…

    • 1318 Words
    • 5 Pages
    Great Essays
  • Great Essays

    The case of Tommy Takem, the owner of Takem’s Appliances & Electronics, LLC against Sally Walker is one of a mistreated sales contract. When Sally Walker purchased the laptop from Takem’s Applicances & Electronics, she entered into a sales contract in which she promised to pay for the laptop. The specific terms of the contract are unknown, as to the price Sally agreed to pay Takem for the laptop, the time period over which the payments would be made, if the contract was written or oral, and so on. It is even unknown whether the contract is even valid at this point. Assuming that at the time Sally purchased the laptop, both she and Takem came to an agreement on all terms, thus entering into a sales contract.…

    • 2469 Words
    • 10 Pages
    Great Essays
  • Improved Essays

    in this manner connected for a home loan credit of $2,250,000 to buy the property. Blythe arranged a false settlement proclamation which expressed that the bank was giving $1,725,000; the rest of the price tag was comprised of an invented $750,000 initial installment and $341,379.94 which Blythe was to gather from Strosnider at the settlement. As indicated by the deceitful settlement explanation, Blythe was to pay an implied home loan organization $1,972,427.82 from the returns. At the shutting in October 2004, Blythe neglected to gather Strosnider's trusts as depicted in the settlement proclamation. Likewise, she conveyed the deal's returns not to the invented trustee and church, but rather to her…

    • 488 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    The general rule says, company has approved or endorsed an act or contract that has been done or made except prior authorization. (PRBL Week 5 2015) As Karen and Jones were two legal directors so they were legal authority by law to take decisions. They thought it would be a good expansion opportunity for Delish and took the loan.…

    • 1890 Words
    • 8 Pages
    Great Essays
  • Superior Essays

    Charter Bank Case

    • 1773 Words
    • 8 Pages

    Holly Hill issued a promissory note for the mortgage to Rogers and Blythe, a couple of months later Rogers and Blythe took out a loan from Charter Bank of Gainesville. In order for Rogers and Blythe to secure the loan they took out from Charter Bank they had to transfer the promissory note they had created with Holly Hill. Sometime later Rogers and Blythe defaulted on the loan. Charter Bank sued in order to recover on the Holly Hill’s promissory note.…

    • 1773 Words
    • 8 Pages
    Superior Essays
  • Improved Essays

    Law: Contract Law Reasons: Failure of consideration so, terms are not binding Ratio: Consideration needed in order to achieve constructive dismissal in regards to changes on contract terms. Works Cited Hilton v. Norampac Inc., V-193113CM (Ontario Superior Court of Justice May 22, 2002). Honda Canada Inc. V. Keays, 31739 (Supreme Court of Canada June 27, 2008). Richard A. Yates, T. B.-K. (2011). Buisness Law in Canada (9th ed.).…

    • 1173 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Psy 230 Week 4

    • 1820 Words
    • 8 Pages

    This case has multiple issues that need to be discussed and clarified. First of all, Cory advances an advertisement regarding selling his computer. He then affirms that the binding will start according to the date of the acceptance. His first offer comes by email, but encounters some faults that delay its arrival. The email is followed by a fax that counter-offers the initial proposed price.…

    • 1820 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Collateral Estoppel Case

    • 829 Words
    • 4 Pages

    Prior to a foreclosure sale, “a party to the lien instrument . . . may file in [a foreclosure] action a motion to stay the sale of the property and dismiss the foreclosure action.” Md. Rule 14-211(a)(1) ; Thomas, supra, 427 Md. at 444 n.5.…

    • 829 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    The plaintiff for this case would be Michael and Laurie Montgomery. Are both attempting to make a sell on some property. Received an offer from Norma English but had some issues with the offer and decided to counteroffer. The defendant for this case would be Norma English who was involved in purchasing some property.…

    • 86 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Former United Bank Vice President Michael Farris attached simultaneous mortgages on real estate in the throes of litigation. Moreover, Mr. Farris ignored an addendum requiring Buyers to agree to extinguish legal claims against Earl and Janice Miller and J&J Investment. Straw sellers Earl and Janice Miller signed the addendum; however, straw borrower, Kelly Cross, did…

    • 56 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Sally's Call Case

    • 978 Words
    • 4 Pages

    In that case the formulation of the owner’s letter to the prospective buyer stated that the owner ‘may be prepared’ to sell the property to the prospective purchaser. The House of Lords ruled that the letter was not an offer, but rather, an invitation to treat. Lord Diplock observed that the relevant words in the owner’s letter were critical in coming to the conclusion that the letter was but a step in the negotiations for a contract which … never reached…

    • 978 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    “The Bullard House” case today was about the familiar negotiation that we might have experienced or would have a high possibility to do in real life: real estate negotiation. In this kind of transaction, quite frequently, there are the participation of agents who work for their clients’ interests. Sometimes because of their commission from the transaction, sometimes in order to fulfill their clients’ real purposes, they try to make the deal at any cost. From “The Bullard House” case, we could reveal what might happen in such cases, how each side might behave, what should be the proper outcomes and why.…

    • 1839 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Case 13.3 Kohel v. Bergen Auto Enterprises, LLC Superior Court of New Jersey, Appellate Division, 2013. 2013 WL 439970. Issue: This case involved allegations of breach of contract involving which parties and for what actions?…

    • 508 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    The cases have contrasting outcomes due mainly due to the language used by Manchester City Council which ended in Storer being able to buy the council house and Gibson being declined to buy the council house. In the Case of Gibson, Manchester City Council stated that they “may be prepared to sell the house”; whilst in the Storer case they stated that “if you will sign the Agreement and return to me, I will send you the Agreement sign on behalf of the Council in exchange”. The language and conduct of the Manchester City Council was objectively scrutinized in each case and found that there was intention to be bound in the Storer case however there was no intention to be bound in the Gibson case, Poole (2012). This can be applied in the scenario here, the language must be objectively scrutinized as this may affect whether Gary was issuing a counter-offer or a mere request for further information. This is critical as a counter offer voids the original offer in its entirety and therefore it would be determined that there is no valid contract between Gary and…

    • 1534 Words
    • 6 Pages
    Superior Essays
  • Great Essays

    Miscommunication in any environment can be the cause for tension be between all parties involved in any task. The case study “Miscommunications With a Brazilian Auto Parts Manufacturer” is a prime example of how a major business deal can quickly turn into a failed business deal due to miscommunication by not doing the proper investigative research involved when dealing with an organization located and owned in another country. The case study begins with two organizations collaborating on whether they should do business with each other on a global scale.…

    • 1644 Words
    • 7 Pages
    Great Essays