The court decided the contract was a sale of services and was enforceable because the agreement consisted of a…
The trial court dismissed the issue. Stambovsky appealed the dismissal of the suit. Issue Can a contract of this type be reversed or cancelled because the seller does not give such information to the buyer?…
Question Presented Lyanna Snow entered a contract to sell Old Snow Place to Walter Bolton. The contract contained blank spaces for the page numbers of a book where the specific land description could be found. Is the contract valid? Brief Answer…
1. Name three specific cyber issues that have necessitated new laws. 1) Credit card fraud. 2) Cyberstalking. 3) Theft of intellectual property and Identity theft.…
Most often then not when people are talking about HCPCS codes, they are referring to Level II codes. Level II codes are created and restructured yearly by CMS with input from the HCPCS National Panel, which comprises of agents from the Blue Cross/Blue Shield Association, the Health Insurance Association of America and CMS. Also, the CMS may add delete or revise codes every quarter. HCPCS Level II codes are utilized for non-physician services like ambulance services, medical equipment and certain supplies. They are also utilized to report services not in the CPT.…
A community that has lost affordable housing is facing a clear and present threat to the city’s economic and diversity. As a City Manager it is important to make preserve and create additional affordable housing opportunities as income disparities increase within the city. However, as a City Manager being approached by a developer to offer city employees early selections of homes could be considered unethical behavior. This developer could be seeking an opportunity to receive special benefits from offering an exclusive deal to the employees of the government. Within the ICMA code Tenet 2 highlights the role of City Manager by creating a system that maintains constructive, creative, and practical attitude.…
The issue raised by the question is whether Sally’s call constitutes an offer. If it does, Ron’s answer of the question is an acceptance of the offer, in result to an existing contract between the parties. However, if Sally’s call is only an invitation to treat, there is no contractual bound between the parties, because Ron’s answer of the questions will not be the acceptance of an offer. In fact, Sally’s call would consist that the making of an offer to answer the question about a product she was promoting and Ron accepted the offer, given that he told Sally he would have answered the question.…
Question 1: How does the Uniform Commercial Code define "merchant"? Why does the UCC distinguish between merchants and non-merchants? (2.5 points) Answer: As indicated by UCC "Trader" implies a man who bargains in merchandise of the kind or generally by his occupation holds himself out as having learning or expertise impossible to miss to the practices or products included in the exchange or to whom such information or ability may be credited by his business of a specialists or dealer or other go-between who by his occupation holds himself out as having such learning or aptitude. No.…
It is therefore justifiable to state that there was no contract to purchase the car. The first line of facts is shown when Jim and Laura walk into the car dealership and sample a number of cars before arriving at their preferred blue 4 door sedans. The physical presence of the two buyers shows that they had the intention to buy the car. They also chose to buy a car from a dealership that is involved in the sale of motor vehicles.…
Lease is a contract renting land, buildings to another; a contract or instrument conveying property to another for a specified period or for a period determinable at the will of either lessor or lessee in consideration of rent or other compensation. Laws relating to the sale of goods, in other words, sales law, have their origin in the common law principles of contracts. Article 2 of the Uniform Commercial Code (UCC), however, which governs sales law, has made changes that meet the needs of merchants and consumers who deal with one another contractually in a modern business world. In effect, the UCC has relaxed the rules relating to sales transactions by removing many of the technical requirements relating to contracts under the common law. Under the UCC, it is now far easier to form a binding sales contract.…
Particularly, the most important elements to determine whether the contract between TimberCo and BuildCo is enforceable are the agreement. A business or commercial agreement is usually intended to make a contract so as to TimberCo and BuildCo. Basically, the agreement will involve an invitation from an offeror to the parties it was intended to enter a contract and accept by an offeree who received the invitation. In this case, TimberCo is the offeror and BuildCo is the offeree. Under rules on offers, an offer can be revoked before acceptance and acceptance must be communicated to the offeror but there is an exception which is the postal acceptance rule.…
THIRD ISSUE: RESPONDENT has valid grounds for avoidance of the Sales Contract on 7 July 2014 and 9 July 2014 B.CLAIMANT did breach the Sales Contract on 4 July 2014 and 8 July 2014 I. CLAIMANT breached the Sales Contract for the inconsistency between the Sales Contract and the letter of Credit opened on 4 July 2014 1. The CISG applies to the merits of the case at issue Pursuant to Article 20 of the Sales Contract [Cl. Exh.1, p. 7], “The contract, including this clause, shall be governed by the law of Danubia”. As Danubia is a Contracting State to the United Nations Convention on Contracts for the International Sale of Goods (hereinafter CISG) [R.A., p. 5, para.…
AAPC, previously known by the full title of the American Academy of Professional Coders, is a professional association with the aim of providing education and certification to coders working in physician-based settings. AAPC provides training, certification, and other services to individuals and organizations across medical coding, medical billing, auditing, compliance, and practice management. The annual Individual Membership is $160, AAPC students $90, non-AAPC students $110, and annual Corporate Membership $950 with $95 each add on (6 or more employees). Other Certifications are: Certified Outpatient Coding (COC)…
Introduction Offer is the first step if you want to constitute a contract. Without offer there is no acceptance and without acceptance there is no contract. There are two main types of offers, which are, the bilateral offer and the unilateral offer. A bilateral offer is an offer given to a specific audience and it targets a specific group or party. While, on the other hand, a unilateral offer is an offer proposed to the public in general and is accepted through conduct or performance.…
On the other hand, instead of terminating the commercial contract, Aussie Clothes did an unlawful act and refused to pay for the products after the acceptance of the delivery. In fact, they sold the items to their customers on discount prices. Therefore, Aussie Clothes has breached the express contract by refusing the payment to the…