Contract farming

As the paralegal reviewing the case, the elements of a contract must first be reviewed to establish if there is a valid contract between Sam and the chain store. As described in the textbook, “Contracts are a promise or set of promises for the breach of which the law gives a remedy or performance of which the law in some way recognizes a duty” (Kubasek, pg. 305, 2009). Valid contracts exist if four elements including the agreement, consideration, legal object, and contractual capacity are met…

Alexis Moss likely will not succeed in a claim of vicarious liability against Hitch, when Piper drove the vehicle involved in the accident that injured Alexis. The Alabama Supreme Court has noted that, “under the doctrine of respondeat superior a principal is vicariously liable for the torts of its agent if the tortious acts are committed within the line and scope of the agent's employment.” Martin v. Goodies Distrib., 695 So. 2d 1175, 1177 (Ala 1997). Vicarious liability has two requirements:…

both the very gradual nature of this particular continuous physical process and the Corps' promises to restore the littoral flow of sand, this taking situation had not stabilized by 1986--six years before the landowners filed suit. The statute of limitations does not bar this action.”2 In other words, because the Corps promised and then delayed their proposed sand transfer plant in 1988, the statute of limitations could not be used to prevent the case, because it is only good for more than six…

Question 1. To begin with, the buffalo creek disaster was out of negligence of the Pittston Company and not an act of God as was claimed by Pittston company. This is because the company was aware that the drainage system of the third dam required proper construction (Cowan 1). Secondly, it is sad to note that the compensation previously offered by Pittston company was meagre compared to the loss undergone by the survivors. Thirdly, Pittston company exhibits unethical conduct when it tries to…

Elements of Battery The law of torts is the compensation of losses suffered by private individuals in their legally protected interest through socially unreasonable conduct. Moreover, the law of torts seeks to protect bodily integrity and is actionable per se. Consider the following case of Moon v. Whitehead, the legal issue considered was consent in the tort of battery. Ms. Whitehead the respondent, plead that she retired to bed in an apartment she and the appellant were sharing in Sydney for…

Issues in Cross Border Mergers and Acquisitions: Commonly identifiable issues in mergers and acquisitions are as follows: LEGAL ISSUES:  Legal uncertainty- Cross border mergers and acquisitions involve a number of legal issues which are governed by the Company law, self-regulations, market regulations and other local rules. Though the bid looks friendly, legal issues in cross border mergers and acquisitions may not only be disadvantaged by lack of information to foreign companies but also the…

In the law of delict there are five elements that should be considered before someone is held liable for an act that caused damage. These elements include the nature of the act, the wrongfulness/unlawfulness of the act, the damage caused by the act, that causal link and lastly the fault. If the evidence obtained from the act and matched against the element is adequate and proves that the act caused the damage then it can be concluded that the act did indeed cause the act and someone or an…

rights and it is the manifestation of these rights, which had culminated into this branch of law. The concept of hire and fire has lost its recognition altogether in the last decades of development and rising social environment. In Present days, the contract of service is supported by central and state regulations with regard to the terms and conditions of service and relations of the workers with their employers. There are mutual rights and obligations…

Welcome ladies and gentlemen! This is the Leonardo da Vinci art tour, but you already knew that since you had to pay and go through security and-- anyways, let’s move onto the tour! As we walk down to the Da Vinci area, I will first give basic background information about Leonardo da Vinci and then be taking questions. To get started, Leonardo is a Renaissance painter that painted some of the most famous works of art that the world ever saw. Not only that, but he was also an architect, engineer,…

A Case Comment on ‘K. M. Nanavati v. State of Maharashtra’ 1961 Legal methods project ___________________________________________________________________________ Submitted to: Professor Amita Dhanda Submitted by: Rahul Sibbal (1st year BA-LLB) NALSAR UNIVERSITY OF LAW, JUSTICE CITY, HYDERABAD Introduction “Love Affair…