Contract management

This case is related to a suit filed by Fitl on Mark. Fitl claimed that he was sold an ungradable sports card by Mark. Mark claimed that Fitl did not inform him of this defect on time due to which he was not liable for any damages faced by him. Court decided in favor of Fitl and awarded him $17, 750. When Stark made an appeal in another court, this decision was maintained in favor of Fitl. In this case study, focus is towards written agreement and its accountability. In case there was a written…

Civil litigation is the process of taking legal action against something. It starts with the Plaintiff bringing forth legal action against the Defendant. From this point, the Defendant has to respond to the Plaintiffs actions within a certain time period. Once the Defendant does respond, they can admit to it to a portion or none of the lawsuit at that time. Although if the Defendant does not respond within the time period, then the courts will step in and make a judgment on the case. Once the…

Introduction The negotiation analysis describes the negotiation that took place in the movie “Ruthless People”. The negotiation was a simple situation that turned in a very complicated negotiation. Sam Stone was married to Barbara Stone who belonged to a very wealthy family with a $15 million fortune. In the beginning of the movie, Sam described to his mistress the only reason he married Barbara was because her father was very wealthy and was going to die from an illness very soon and Sam…

Identify the main contract in the movie. The main contract in this movie is called Ogre for a day. The main purpose is to allow Shrek to feel like a real ogre, and to be feared by villagers again for one day. He must exchange one unspecified day of his life to Rumpelstiltskin in return. Identify the six elements of a contract as outlined in class (in your own words!) /6 Offer - a proposal made from one party to another Acceptance- acceptance of an offer to make a legally binding…

Analysis of Liability for Fraud A contract between Tommy and the Royal Theater exists because Tommy bought a movie ticket at the Royal Theater to watch “The Governator”. On top of that that, Royal theater can be liable for fraud based on a couple of reasons. First would be if the theater was aware and had the motive to deceive customers. Secondly, Royal Theater could be liable for fraud if their aim was to make people believe what they were saying was the truth and people actually believed them.…

Mediation: Advocate vs Facilitator From the first mediation class, I learned that the mediator’s role is to ease a conversation in order to guide two or more conflicting parties towards a resolution. Consequently, it is imperative that the mediator is trusted by all parties in order to allow comfortability with the issue, sharing their interests, and conflict resolution process. As facilitators of the process, mediators do not have a stake in the outcome of the mediation. Their role is to be…

In SEC v. Arcturus Corporation, the Northern District of Texas held that joint ventures are a security subject to SEC regulation. This ruling was based on the long-standing “investment contract” test found in SEC v. W.J. Howey Co. In Howey, the Supreme Court defined an “investment contract” as 1) individuals led to invest money, 2) in a common enterprise, and 3) having the expectation that they would earn a profit solely from the efforts of others. Specifically, the court found the third…

1. Contract between You and Us This is a contract between you and Disney Interactive, a California corporation located at 500 South Buena Vista Street, Burbank, California 91521, USA, or between you and any different service provider identified for a particular Disney Service. You must read and agree to these terms before using the Disney Services. If you do not agree, you may not use the Disney Services. These terms describe the limited basis on which the Disney Services are available…

agreement, formation of contract and exchange of contracts, transfer or conveyance of the Legal Estate and registration . The negotiation and agreement step does not have any effect in law because the buyer can view the property and decide to buy it resulting in a “subject contract” where it is not a legally binding agreement; either party is free to…

Introduction There are two issues on which Stephanie requires advice - whether the barge is a chattel or a fixture and whether there is a valid contract in place between herself and Wangle. If the barge has become a fixture of the land and the contract meets all the necessary formalities, then Stephanie may have a legal right to the barge and may have a cause of action against Wangle if he refuses to go through with the transaction. Distinguishing between Chattels and Fixtures The Law of…