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    to withstand a motion for summary judgment. See Anderson, 477 U.S. 242. A genuine issue of material fact exists where a reasonable jury could find for the non-moving party based on the evidence. Id. at 248-49. If there is no genuine issue of material fact, the moving party is entitled to judgment solely as a matter of law, then the judge must grant summary judgment. Id. at 250. Plaintiff #1 admits to making the online purchase of the generator. He admits to seeing the hyperlink, ignoring it, and clicking “ACCEPT AND PAY.” Plaintiff #1 does contend that he did not agree to the terms of the disclaimer. (Deposition of Richard Imry, p. 5, line 3). However, this is not a question of fact, but rather a question of law. B. The hyperlink’s admonition to view the warranty disclaimer and proximity to the ACCEPT and ORDER button on WGC’s website put the plaintiff on inquiry notice of the disclaimer of warranties and therefore the plaintiff was bound by the terms in the contract of…

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    I. Background: In relation to and on behalf of Fred Charms, a British citizen who has previously been in Australia on a Working Holiday (Class TZ) (subclass 417) visa, which was granted in the United Kingdom on 14 May 2009. After working in regional Australia Fred had previously applied for a second subclass 417 visa which was refused due to not working in a specified occupation, Fred subsequently applied for Merits Review at the Migration Review Tribunal (MRT) which was also unsuccessful.…

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    Northern Invasion was the time of my life. I haven’t stopped thinking about how awesome it was even though it was a couple months ago in May. There were forty bands over the course of two days and of course I tried to see as many as I could. I still can’t believe I actually saw some of my most favorite bands. Here are some stories about what it was like during four of those bands. One of the first bands of the day that I loved was Asking Alexandria. They were playing at the third stage which…

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    Employee Handbooks and the Legal Effect of Disclaimers by Stephen F. Befort is the name of the article I chose and it examines the theory behind the administration provisions of handbook for employees and the outcome of disclaimers on the administration of the provisions under a contract theory that is unilateral. Also claims that disclaimers shouldn't certainly hinder the administration of the handbook provisions. However, the courts should analyze the handbooks altogether and implement the…

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    v. Vargas examined the issue of an employee manual that clearly established that an employee could be fired only for cause. Subsequent to the issuance of the manual to the plaintiff, in that case, the employer attempted to modify the language in the manual by issuing a new manual, which included an at-will disclaimer, and having employees sign an acknowledgment as such. 111 Nev. at 1070. Ms. Cohen will argue that Southwest Gas applies here. We disagree. Southwest, while somewhat factually…

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    Dorman v. International Harvester Co. Court of Appeal of California 1975 Summary: In 1975 William Dorman (plaintiff) purchased a tractor from International Harvester Company (defendant) that required Dorman to sign a “Retail Installment Conditional Sales Contract.” That contract encompassed two key aspects of the sale, the first being a disclaimer of the implied warranties of merchantability while the second was a fitness for particular purpose. The conflict lies in the placement of the…

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    dilemma all of the options I have to face are all ethically sounds. For one letting Trevor 's contract to run it course and informing Trevor I will not be renewing is ethical, removing Trevor Van Lansing from his time slot, produce a show that is left wing have a show opposite of Trevor 's, and putting a disclaimer at the beginning of his show to inform listeners that Trevor 's show is not a news show but an entertainment program. All of the options are ethical and would an impact on the station…

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    The greatest flaw in the article is its title (Dean 2008), which contains a word that is not often used in science: cause (or causation). Causation implies a direct, known, cause and effect relationship with a point that has been proven (Myers & DeWall, 2016). While the experiment did link experiential purchases to increased happiness (when compared against materialism), it did not link materialism to unhappiness. The press article also fails to include an operational definition, or a precise…

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    fair use, the work is analyzed to see exactly how it was used and presented, however, in the De Minimis defense, the court views the case and makes a decision that it does not require future analysis. For example, if a movie production took very fast and blurry videos of paintings that were likely not visible or hard to see, this would be a de Minimis defense. If an individual acknowledges the source material by simply stating the name of the source they received the work from, they are still at…

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    Final Thoughts and Musings I wanted to close this post out with a disclaimer and some encouragement… Disclaimer: Like James Torrance mentioned earlier, despite the covenantal, filial, and loving nature in which God relates to humanity - which, requires nothing on our part for its effectiveness or actuality - it still demands a response from us. For some of you reading this post, you may be thinking to yourself, “Sullivan, if our salvation, God’s relationality, etc. towards us is covanental in…

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