Contract with America

In applying the foregoing factors a court will most likely determine that Rodriguez’s image is not a portrait or picture. Firstly, the logo that Rodriguez displayed is placed on the window of the studio, his website, and promotional material. Rodriguez is clearly a fan of the band U2, as he named his tattoo parlor after one of their songs. Rodriguez admittedly attended one of Out of Control’s gigs in Brooklyn that features Forrest playing the role of Bono. Forrest contends that the logo…

Marya v Network Transport Services [2015] FWC 6135 National Transport Services (defendant) is a fragment of the Civic Transport Group and delivers transport services to its clients involving road transport of the general freight in Melbourne and surrounding areas. Mr Divek Marya (plaintiff) had been working with the defendant since July 2012 to provide freight courier and delivery services to clients. However, his engagement was dismissed last April 2015 because of issues about his conduct and…

The court will probably find that Bill and Sandie’s possession of the Green was “open and notorious.” This is one of the five elements of adverse possession. Possession is “open and notorious” when the adverse claimant’s use of the property can be observed, by another, through the erection of a structure or participation in activities that can be seen. Appalachian Regional Healthcare. Inc. v. Royal Crown Bottling Co., 824 S.W.2d 878 (Ky. 1992); Kentucky WCTU v. Thomas, 412 S.W.2d 869 (Ky.…

Protected Activity- Filing a formal complaint of discrimination or harassment with EEOC is a protected activity. Rebuttable Presumption: facts, that are accepted by a court until it is proved to the untrue. Relief Sought- Plaintiff must identify the damages or other relief sought in their complaint or pleading. Determining if they are seeking: Compensatory Damages- emotional injury to health status, inconvenience n, loss of enjoyment of life, injury to professional standing, injury to character…

3. Persuasive Authority • Persuasive authority means that a court may follow the opinion or reasoning of the “persuasive” case but it is not required. The decision to follow persuasive authority depends on the stature of the court deciding the earlier case, the reasoning of the opinion, the similarity to the instant case, and whether the current court agrees with the case. • A federal circuit or district court decision on a question of federal law may or may not be persuasive to a state…

• Cables left in walkways. • Hot tools left on and plugged in (these must all be tested and checked). • Hazardous fumes (these must always be clearly labelled). Risk assessment must always be written out when there 5 or more people working in a room. The writing of the risk assessment is an indication that the employer has considered legal requirements. When doing a risk assessment these are the things you need to consider: 1. What is the hazard? 2. Who is likely to be affected? 3. What are…

BA 207 Business Law Q 1. What are the general problems with the warranty theory? Many who file claims for breach of contract, may have problems winning their cases, because of one or more of these general problems: a. The claimant must prove that there was a sale. b. The sale was of goods rather than real estate or services. c. The action must be brought within the four-year statute of limitations under Article 2-275, when the tender of delivery is made, not when the plaintiff discovers the…

Proposed federal legislation will, like those bills that came before, face many challenges in its enactment. If previous attempts are any indication the Senate is no ready to enact such legislation at this time. However, the next congressional elections will change the make-up of Senate and provide for new faces that may show more support. Additionally, as the concerns of concussions, particularly at the youth level continues to grow, elected officials will feel more pressure to act. This push…

agreement and enjoy benefits of win-win situation. This document is suitable for leasing parking space adjoining to the business or operations of the tenant. The landlord and tenant can terminate this lease agreement only by serving a 30-day notice. This contract template has 7 sections containing terms and conditions of the lease equally and legally binding upon both signing parties. Notarization of the signatures on the form is necessary for its execution and legal standing. Therefore, please…

I am writing to you under the provisions of Massachusetts General Law, Chapter 93A, § 9, known as the Consumer Protection Act. As you know, I have attempted to recover my security deposit, paid to you when I began my tenancy at 2 Winchester Place, Apt 5 in Winchester Massachusetts, in June, 2008, through mediation services provided by the Massachusetts Attorney General’s Consumer Protection Division, AGO File# 488305. Cornelio Lozada, a Mediator with the Massachusetts Attorney General’s Office…