Contractual term

I. Question Presented This memorandum serves to address whether Pied Piper’s (“Defendant’s”) motion to dismiss for failure to state a claim should be granted or denied. Defendant seek dismissal of Hanneman’s (“Plaintiff’s”) two claims. The first claim alleges that Defendant’s statements discussing the future of the company were materially false and misleading in violation of Rule 10b-5. The second claim alleges that Defendant’s omitted a material fact from their statements, which renders…

This essay will define promissory estoppel within English Law. Promissory Estoppel is defined within English Law as a principle of justice, and can also be referred to in earlier cases as ‘equitable estoppel’ . This means that a promise made can be enforceable by law, even if there hasn’t been a formal consideration, meaning that it is a legally binding contract. Promissory Estoppel falls under contract law and has enabled legal obligations, meaning a person who has entered in to a contract…

The ending of Perrault’s tale has a very clear message that if you don’t follow it, there is no hope of coming back from the mistake you have made. The Grimm’s version provides a bit more hope at the end, but still has an obvious message that you should not break. Even the themes of these two stories, although the same, can be interpreted slightly differently. Perrault’s folklore seems to be telling young children, especially young, attractive ladies, that if you talk to strangers a “wolf” will…

In this section I turn to a critical evaluation of Williams’ objection, beginning with Cohen’s own rebuttal presented in chapter 8 of Rescuing Justice and Equality. Cohen reconstructs Williams’ argument like so: P1: Justice is a set of demands P2: Demands of justice are to be discharged (only) collectively C1: An individual is not obliged by a (punitive) demand of justice unless others in general are disposed to observe that demand. (By 1 and 2.) P3: You are not obliged to discharge a demand…

The court will most likely find that Davila Grocery Store had actual constructive knowledge of the mop water and therefore liable for premises liability. In order to establish constructive knowledge, the object that may pose harm must be there for an extended period of time. The extended period of time must be reasonable in that there was sufficient time for the risk of harm to be removed. The court will rule in favor of Ms. Pedroza due to the substantial length of time that the mop water was…

Essay B Reliance damages represent the monetary value of the expenses and opportunities the plaintiff wasted under a contract. Reliance damages look backwards in an attempt to undo the effects of a contract. Additionally, there are numerous other types of damages such as expectation, account of profits, nominal, liquidated, and punitive damages. In contrast with reliance damages, expectation damages look forward in an attempt to fulfill a contract; “give me what I expected to receive. Put me in…

Cynthia Walker v. John A. Lahoski, et al. Critical Thinking Regardless of the dispute of any business transaction there must be a contract, the contract should be a written contract over a verbal contract. This way you will have a clear description of what each party’s intentions and expectations are well both parties are in agreement. As was his case there is a contract from the agency that the Lahoski went through to find Miss Walker. According, to the text the contract…

MOSHER V BENSON BACKGROUND: At the age of 17 Kyle Mosher purchased a car from Peter Benson. The motion before the court was to have the matter set aside due to the plaintiff being a minor. Mosher had requested that the contract be reversed since he was a minor at the time the car was purchased and further stated that the vehicle was not in roadworthy condition and therefore had to pay and excessive price for the vehicle. According to the British Columbia Infants Act Subsection 27 (a) An adult…

A minor breach, the non-breaching party’s duty to perform can sometimes be suspended until the breach has been remedied, and once fixed the non-breaching party must resume performance of the contractual obligations. A material breach the non-breaching party is excused from the performance of the contractual duties, and can also sue the…

When somebody bites the dust intestate, it doesn't really imply that the greater part of the perished's advantages and liabilities ought to go unaccounted for. Recipients of the perished could look for legitimate counsel from a probate attorney sufficiently educated of the laws administering this field of aptitude. Without a legitimately drafted lawful will, the perished won't have the capacity to disseminate their bequest the way they need to. In addition, the gathered recipients of the…