Security breach

I. Introduction The parties involved in this problem are: 1. Benedict the owner of a 9 ha farmland; 2. Adrian the purchaser of the 9 ha land; and 3. Catherine a beneficiary of the purchase price. The primary issue raises by the problem is one of contract interpretation and the approach should be in accordance with the meaning which the parties actually attached to the words in dispute.¹ Specifically, two issues concern Benedict and the other two parties: 1. Whether Benedict can enforce the…

of contracts which is the second stage, meaning that the purchaser may be open to gazumping. A contract for the sale must comply with s.2 of Law Property Act 1989. Once the contracts have been exchanged both parties are bound and will be liable for breach of contract if they do not proceed. The formal transfer of title is made on completion through a deed. The final stage involves…

Thematization: According to Varo and Hughes (2002), the Problem of thematization is a serious case in legal translation. Does the translator have to preserve the syntactic structure and neglect the focus of the text or the other way round. Every sentence has a subject and a predicate. This subject may not be the theme of the sentence. The translator has to preserve the syntactic structure and convey the same focus in the same time. In this case, the translator has the right to estimate the…

“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…

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…

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…

Back in 1970, there was a small conflict between the Coca-Cola company and Grove Press because the book publishing company was being accused of using the slogan “It’s the real thing,” a phrase Coca-Cola had been using for approximately 27 years, as advertisement for one of their books. The issue here was that the beverage corporation thought this would cause some sort of confusion to the public, even though the two products were not related in any way. Several rhetorical strategies are used…

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…

Enterprises, LLC Superior Court of New Jersey, Appellate Division, 2013. 2013 WL 439970. Issue: This case involved allegations of breach of contract involving which parties and for what actions? The Plaintiffs Marc and Bree Kohel entered into a sales contract with the Defendant Bergen Auto Enterprise, LLC for the purchase of a used 2009 Mazda. The Plaintiffs alleged breach of contract was when the Defendant refused to supply permanent plates for the 2009 Mazda that the Plaintiffs already paid…