Breach of contract

To state a claim under the Americans with Disabilities Act (the “ADA”), the employee must show he is a person: (1) with a disability, as defined by the ADA; (2) who is qualified, with or without reasonable accommodation, to perform the essential functions of the job; and (3) who has suffered discrimination by an employer because of that disability. Olsen v. Capital Region Med. Ctr., 713 F.3d 1149, 1153 (8th Cir. 2012). " EEOC v. C.R. Eng., Inc., 2011 U.S. App. LEXIS 8971, *20 (10th Cir. May 3…

by the principal or by operation of the law to make contracts with third persons on behalf of the principal”. In the case of Yim v. J’s Fashion, Yim never disclosed that a principal was involved with the contract established with J’s Fashion and that he was only acting as an agent. This situation would allow for J’s Fashion to have other options to sue Yim as well as the principal. The law states that a principal is liable for a simple contract made by an authorized agent. This applies only…

Kamara further contends that HSBC’s title is void because the deed was prepared and recorded before Kamara’s motion for the circuit court to reconsider the ratification of the sale was resolved. HSBC, for its part, argues that the title it acquired from the foreclosure sale is a valid enforceable instrument that is only voidable upon a finding of a defect. We agree with HSBC, and hold that the title HSBC acquired from the foreclosure sale was not void. Kamara’s argument that HSBC’s title to…

In the states that have bail as part of their legal procedures, the bail bonds process is normally regulated by the state itself. In some cases, the regulations and laws that govern the department of insurance also apply to bail bonds. Different states have different concepts and rules to govern the bail process. The criteria that one state may use to apply the process of bail bonds might not be similar or applicable to another state. This has made it very difficult to find information about the…

Bannie now brings this suit to enforce the contract between himself and SMS Construction. He also brings a negligence claim against SMS Construction for failure to construct his home in a good and workmanlike manner. Counsel for the parties have conferred extensively about settling this claim.…

Testamentary capacity is a vital element in writing of wills. Testamentary capacity means that the mental ability of an executor or a testator of a will to know what property he or she owns, his bounty natural objects and the general scheme of disposing the property he owns (Hecker, J. 2010). To start with, it will be pivotal to deduce facts related to the executor of the will. The first thing to know will be to know if the testator had was at least 18 years of age. I will also seek to know…

Parents of students with disabilities have a right to file a request for a due process hearing if there is some dispute regarding their child’s protections under the Individuals with Disability Education Act (IDEA). IDEA specifically states, “The parents involved in such a complaint shall have an opportunity for an impartial due process hearing.” Filing the request most often leads to a hearing which can be costly in both time and money. Currently, the hearing officer may legally have the…

Implied constructive trusts arise in the absence of a declaration of trust where another has acted to their detriment under the influence of the trustee which caused a mistaken belief that their act would lead to a beneficial interest in the land, similarly to proprietary estoppel in the necessity of acting to one’s detriment. Constructive trusts also aim to avoid unconscionable behaviour, the similarities in purpose between the two does create an expected amount of overlap. Claims in…

Illinois LLC Limited Liability Company Form Illinois LLC Limited Liability Company Form LLC 5.5 is an instrument required to facilitate the execution of an LLC within the Illinois State. Filing this form to the office of the Secretary of the State is necessary. Please ensure to print or type all requested particulars and sign with black ink. Remittance of $500 filing fees is necessary. You may choose to remit the fees using any of the available modes of payment. The form has provision to select…

this lease contract, Amy is considered to be the lessee. The lessee is a person who acquires the right of possession and use of goods for a set term in return for certain consideration. In this circumstance, High Note is the lessor. They agree to “rent to own” a theater to Amy. The Statute of Frauds requires a lease contract that contains payments of $1,000 or more must be in writing. Amy signed a leasing contract with High Now, which makes this is a valid agreement. Adhesion contracts are…