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…
Ex-spouses face an up-hill battle when they attempt to modify their spousal support (alimony) award or obligation. One must show a material change in circumstances justifying a modification. Furthermore, if your alimony award or obligation is the result of a settlement agreement, spousal support cannot be modified unless the agreement contains language permitting future modification. To illustrate how Virginia courts handle petitions for modification, here are a couple of recent decisions…
In advising Valerie and Una, the validity of Susan’s will shall first be looked at. It is submitted that Susan’s bequests involve the principles of secret trust which will also be discussed in this submission. Valerie will be advised on two issues: first is the validity of the bequest she is to hold on trust for Richard; second is whether Valerie will be entitled to the gift of £5,000 contained in a later codicil of the will. On the other hand, Una will want to know if she is bound to hold the…
Hadley v. Baxendale demonstrates an example of a buyer denied relief due to special circumstances. The plaintiffs, Hadley, operated as millers in Gloucester Assizes. On May 11th, production halted due to a break in the crank shaft. The plaintiffs hired the defendants, Baxendale, to deliver the broken shaft to the engineers in Greenwich whom had originally manufactured the machinery. The broken shaft was to act as a pattern for the construction of a new shaft. The defendants agreed to collect the…
replacement housing for the Chapter and members. This lease shall continue from year to year unless terminated by House Corporation by providing written notice to Chapter. House Corporation has the right to terminate this Lease upon the following events and with the following respective notices by House Corporation to Chapter: a. Upon five (5) days' prior written notice by House Corporation to Chapter if Chapter ceases to be a Chapter in good standing with the Fraternity or the University; b.…
what happened. 2. a. Land Sale Contract b. Investment Contract c. Employment Contract d. Hair Salon Booth Rental Agreement e. Cleaning Contract f. General Contracting 3. Susman Godfrey obtained a summary judgment in New York Supreme Court in a breach of contract action against Ronald O. Perelman brought on behalf of Applehead Pictures, a movie development company, to enforce Mr. Perelman's obligation to make capital contributions to the company. Susman Godfrey then successfully defended that…
The contract I chose to analysis is a small construction contract in Maine, and it is used when the contract value is less than $50,000. According to the contract, Article 5 “Termination” stated that “this contract may be terminated by either party upon not less than seven days’ written notice to the other party should such other party fail to perform in accordance with the terms of this Contract. This Contract may be terminated by the Owner upon not less than seven days written notice to the…
DECISION It is noted in the file that the listed items of a foreign judgment (pages.10/11), among those, the one that sets forth for the return to the use of maiden name of M DE L S D, are crossed out, so it is assumed that they were made void. That said, it is ordered to notify the parties within thirty (30) days, to clarify the aforesaid erasure, bringing to the file a new foreign judgment that the parties are seeking the approval, without any erasures, allowing to infer clearly what was…
Three days after mailing the distribution checks, the belligerent beneficiary delivered one last gripe. Furthermore, the belligerent beneficiary delivered the gripe to my attorney. While still on instruction to refuse direct contact from beneficiaries, the attorney referred the gripe to me. The attorney informed me by email that the belligerent beneficiary had the following complaints: 1) The beneficiary didn’t understand why the distribution happened early: that distributing early was against…
safeguard their information will not be reliable and will run the risk this information could be stolen from a hacker/employees. In conclusion, the performance measure security will bring value to internal auditing by assessing weak points within the organization’s internal controls and being able to reduce the risk of a security breach occurring and exposing confidential information to hackers. Therefore, the performance measure efficiency is important to internal auditing by providing value in…