Contract management

Woody and Smiley may sue Vicaria for negligence. In order to prove negligence, Woody must show duty, a breach of duty, causation, a proximate cause of harm, and actual harm. We would prove Vicaria had a duty of reasonable care to Woody and Smiley because of the special relationship between a pilot and a passenger. Vicaria’s agreement to fly Woody and Smiley proves the existence of a special relationship needed to establish a duty of reasonable care. We would establish a breach of duty by…

remains of the ginger beer out and discovered that the decomposed remains of a snail were stored inside it, this caused Mrs Donoghue severe shock and sever gastro enteritis. Mrs Donoghue was unable to claim redress under breach of contract as she did not enter a contract with the manufacture, she issued proceedings against Stevenson. The resulting consequence of this was for the House of Lords to rule on whether Stevenson owed Mrs Donoghue a duty of care? This resulted in the formation of the…

word solely describes the meaning, though the meaning of negligence has not been described in a proper way but it is an act recklessly done by a person resulting in foreseeable damages to the other. Negligence is an offense under tort, IPC, Indian Contracts Act, Consumer Protection Act and many more. Medical Negligence basically is the misconduct by a medical practitioner or doctor by not providing enough care resulting in breach of their duties and harming the patients which are their…

This is because the broker is under the lender and the lender contracts the broker to act on their behalf hence the lender had all the right to monitor the activities of the broker. The results could have been different since the lender could have explained the terms better to Sutton who claimed to not have understood…

While Columbus recently encounters the land yet he claims ownership of it and renames the locations, it is due to the fact that Columbus was not interrupted. By this, Columbus states that he did not encounter any interference or objection to his proclamation. Stephen Greenblatt states that it possible that Columbus believes the indigenous people would not object to him claiming the land, whether they understood what he was saying or not. The significance lies in the fact that Greenblatt brings…

1. Discuss some ethical problems that might arise in a commercial real estate sale for the legal professional. If a lawyer believes that his client is doing something that creates a serious ethical problem for him or her such as, commit a fraud, a crime or cause financial harm to another party. That lawyer might be inclined to breach the confidentiality to notify the other party. An ethical conflict may arise where, in the course of successive or simultaneous representations of clients, the…

Topic - Evaluation of Emotional Distress in Tort Case: Legal Framework The two parties seen in tort cases are the plaintiff and the defendant (Fotte & Lareau, 2013). The plaintiff is the person who has filed an alleged tort whereas the defendant is the person who has caused harm to the plaintiff (Fotte & Lareau, 2013). In civil lawsuits there are three types of relief they are monetary compensation, specific performance, and an injunction (Fotte & Lareau, 2013). An injunction refers to…

This case does not alter my decision because in this case of attorney-client privilege they were willing to make a deal to protect their client rather than present the truth (Siegel, Schmalleger, and Worrall, 2014). Many lawyers do not totally grasp the complexity of the attorney-client privilege, therefore they do not know and comprehend exactly which communications are protected and which are not (Marcum, 2015). With this being said lawyers can put themselves at risk for discipline and/or…

one or more of their contractual obligations. Whether a disclaimer is enforceable depends on; 1. Is the disclaimer part of the contract: (1) is it expressly set out in a written contract that has been signed by the parties? (2) It is expressly brought to the attention of the party by reasonable notice given before the contract was formed. (3) It is implied into the contract as a result of prior dealings between the parties (James, N 2014, p309). 2. How will the disclaimer be interpreted? Any…

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…