Liquidated damages

The article thus requires compensation to the parties of the contract after an appropriate legal follow has been made to determine the party who breached the contract. The most likely outcome of the case is that Letisha may be required to pay damages due to breach of contract. Looking at the case with a legal and industrial relationship perspective it is evident that Letisha breached the contract but several remedies are available for the breach of contract given that the terms were not clear…

was present, there are other steps Lucy could have taken to minimize damages caused by her failure to execute the contract. Charles would argue that he was not informed of the frustration, and Lucy did not promptly express repudiation. If the breach was anticipatory, Charles could have sued for breach of contract but now he can sue for all loses, including loss of profit and advertising. He was also unable to mitigate his damages as he was unaware that Lucy would not be able to perform on the…

are of all ages and backgrounds. They are trying to eliminate racism for the entire world; for they “understand that eliminating racism is necessary for humankind to progress”. Their message is simple, to illuminate the damage done to individuals by racism, and to undo the damage on an individual basis. Yet, their simple message seems to be blaming racism on those who are most directly affected by racism. They say to interrupt racism in their daily lives, to free themselves from all of racism's…

According to Finzen (2003, Feb. 11), “The tort reform campaign has gained much wider acceptance, however, in the jury box. Many jurors now treat as self-evident the notion that the nation is plagued with “frivolous” lawsuits and outrageous jury verdicts. The rich and greedy plaintiff's lawyer has become a part of American folklore” (Finzen, 2003 Feb. 11). In this paper I am going to be talking about the relevant law of this case, the applicable facts of this case, and whether this case suggests…

limit of the contract; in turn they should abide to the time factor. In the ruling of this case the jury of the first court determined that Driver had not complied with the contract terms, but Mustang did wrongfully end the contract. The jury awarded damages and attorneys’ fees to Driver as it was determined that Driver had not conducted in a material breach. They decided that the material breach was made by Mustang in the termination of the contract. The appeals court confirmed the jury’s…

to secure their server. The data breach exposed many flaws of the company as well other damaging information about the company’s plans. Along with the embarrassment of the hack, the company would now find themselves in danger of serious economic damages. Avid Life Media, which owned the site, was now at risk for lost profits, loss of optioned opportunities, and lawsuits. With the technological advancements in apps and websites, it is now easier than ever to meet up with people. The hack shined…

From my understanding of the opinion, if SPE knowingly failed to disclose a violation of material statutory, regulatory, or contractual requirement then they have made a misrepresentation that render their claims “false or fraudulent”. First we must establish that the implied certification theory is a basis for liability. There are 2 conditions: (1) Claim does not merely request payment, but also makes specific representations about goods/services provided; and (2) the defendants failure to…

Case Study of Liebeck v. McDonald’s Restaurants, P.T.S., Inc. [New Mexico District Court, Bernalillo County, New Mexico, 1994] Executive Summary The Liebeck v. McDonald’s Restaurants case, also known as the hot coffee lawsuit, was a controversial case that happened in 1994, sparking debates across the United States over tort reform . The plaintiff of the case, a woman in her late 70s named Stella Liebeck, was awarded 2.86 million dollars after suffering horrendous third degree burns across her…

The Liebeck case came about during the tort reform movement, which wanted to limit the monetary damages a person could collect. (Forell, 2011). This movement was supported by McDonald’s and other companies who were on the receiving end of many lawsuits. (Forell, 2011). However, that movement took a big hit with Liebeck. In February 1992, Stella Liebeck was a passenger in her nephew’s vehicle and they made a stop at the McDonald’s drive through. (Cain, 2007). Liebeck purchased a cup of coffee…

Baum, the author of the “American Court”, explains that any personal incident that produces a significant physical injury or costly property damage might seem likely to go to court, because a lot of people know that they have legal remedies for personal injuries. We see this occurring in The McDonald’s Coffee Lawsuit also known as Liebeck v. McDonald Restaurants. Seventy-nine year old Stella Liebeck who suffered third degree burns over her inner tights and genital areas after she ordered and…