Gentlemen's club

Kim Smith Inc. (KSI) functions under HUB Zone program and has won the Navy contract for flooring services and is ready to bid on a contract, within the bidding process a type of payment must be selected. KSI would benefit most from a performance based contract since the company is new to government contracting, and there is a lot of work to be completed. According to the FAR performance-based payments (PBPs) are a customary method of contract financing that may be available under fixed-price…

6. ULTRA VIRES CONTRACTS A contract of company which is ultra vires, i.e., outside the objective clause as defined by memorandum of association is wholly void and is of no legal effect. The objection to an ultra vires contract is, not merely that the company ought not to have made it, but that it could not make it. The main issue is not as to the legality of the contract; but the issue is as to the competency and authority of the company to make it. An ultra vires contract which has the effect…

Moonbeam and Tang both have rights and obligations regarding the June instalment as one buyer’s right is a seller’s obligation and vice versa. Both parties are contracting states and thus the Contracts for International Sale of Goods (CISG) is applicable to this question. A contract is formed when acceptance of an offer is met according to the CISG. As per Art14 Moonbeam clearly accepts Tang’s offer to purchase the hairdryers as Moonbeam’s intent to be bound is evident through agreeing to sell…

A contract is an agreement that legally binds the parties involved. Alternatively, it can be defined as a promise or a set of the same that are enforceable by law. By getting into an agreement, parties acquire obligations and rights which are enforceable by the court of law. The main method through which such agreements may be enforced is by the award of damages although in many cases the court may order the defaulting party to perform a specific action to compensate the aggrieved party. In…

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…

Jordan, Here is my preliminary analysis based on Ms. L 's allegations, the contract images, and a review of Texas Contract law. Based on the language and the images of the contract, I don’t believe there are any defenses specifically stated. There is no termination clause that would allow Ms. L to end the agreement. Additionally, it doesn’t appear that there is a breach of contract with regard to the services that Ms. Lowe was to receive. Ms. L may have a claim for fraudulent inducement.…

The Choice Between Family or Fantasy Imagine having to decide between remaining with your family or moving across the world with the love of your life. Eveline has been suffering from a multitude of issues at home and is now seeking an escape from her problems with her boyfriend Frank however, once she agreed to live with him to Buenos Ayres she began to second guess her decision. Ultimately, Eveline realized that she would be taking a major risk in leaving to Buenos Ayres with Frank,…

Tutorial 5: “Conveyancing” Conveyancing is the process of moving the legal ownership of property or land from one person to another. It is stated in S.23 that the legal owners of the land have absolute power, subject to any restrictions. In explaining the procedures needed to transfer estates in land, it is helpful to set out the four basic steps to convey a property, which is negotiation and agreement, formation of contract and exchange of contracts, transfer or conveyance of the Legal Estate…

“It is quite clear on the law that there can only be compensation or set-off in the case of mutual debts, each is liquidated, absolute and presently due.” In Ford Brothers v Clayton and Clayton the requirements were expressed as follows: “Where a claim is disputed especially upon grounds which affect the very basis upon which it is framed, it can hardly be said to be promptly established. Such uncertainty as existed in this matter appears to me as fatal to the existence of a right of set-off…

COMPROMISE SETTLEMENT AGREEMENT This Compromise Settlement Agreement (“Agreement”) is made and entered into effective as of May 2, 2016, among Osceola SC, LLC d/b/a St. Cloud Regional Medical Center (“Hospital”), Carmen Sierra, M.D. (“Physician”), and Central Florida Internists, Inc. (“Practice”) (each, a “Party,” and together, “the Parties”). RECITALS WHEREAS, the Parties entered into a Recruitment Agreement on or about April 20, 2014 under which, among other things, Physician agreed to…