Security breach

Unconscionable and Unenforceable After a period of time, Walker has fallen behind on payments and is now in collections, her granddaughter has composed a letter in Walker’s behalf, stating that the entire deal is unconscionable and therefore unenforceable. In contract law an unconscionable contract is one that is unjust or extremely one-sided in favor of the person who has the superior bargaining power. Courts find that unconscionable contracts usually result from the exploitation of consumers…

1872 damages are referred in context to breach of contract i.e. a party 's failure to perform some contracted-for or agreed-upon act, or his failure tocomply with a duty imposed by law which is owed to another or to society.Breach of contract is a legal concept in which a binding agreement or bargained-for exchange is nothonored by one or more of the parties to the contract by non-performance or interference with theother party 's performance On a breach of contract by a defendant, a court…

terms of the agreement. This implies that the breaching party will be obliged to do whatever the party initially guaranteed to do. The court will consider this alternative when cash harms won't give the guiltless party sufficient remuneration for the breach. Specific performance is most regular in deals contracts. This remedy is in some cases utilized when a deals contract includes something exceptional. An alternate equitable remedy is injunction, which is a cure that precludes a party from a…

legal value and cannot be consideration for the promise that the promisee is seeking to enforce.” Similarly in this case, Emily asked Rachael to promise about Fang’s temper and did not mention about what responsibility Rachael will take if Rachael breach the promise or Fang change its temper and so the promise was too inexplicit. Rachael provided a lack of consideration because Emily had already taken Fang home and paid full payment. As a consequence, there was not valid consideration as well…

Callan requires advice regarding two separate issues: 1. Is Esme likely to succeed in court if she sues Callan for breach of contract? and, 2. Does Callan have a cause of action against the auctioneer and/or the owner of Marvel comic collection upon which he bid at auction in Sotheby’s? Esme’s case against Callan In order to make a case against Callan, Esme must prove that she had concluded a contract with Callan prior to Callan hiring James. A contract between Callan and Esme if it can be…

whether bad faith is an appropriate basis for punitive damages. Courts have generally held that punitive damages are not allowed in breach of contract cases. Courts, though, have allowed punitive damages if there are independent injuries involved based upon in an independent tort. This standard appears to be met in Aldridge’s case. Aldridge may not rely upon breach of duty to justify for punitive damages, but other independent grounds may be used. Courts commonly use the tort of fraud in…

In the scenario above the hobby shop owner receives an order from a customer and based upon the order the hobby shop owner begins to work on the order the same day. The order was placed for a “custom toy train” which had to be “specially manufactured” therefore not an off the shelf item. The order came in on a Tuesday and 3 days later on Friday the buyer called and had decided he wanted to cancel the custom train order. In this case we are unaware of the price of the toy train, but assume the…

California is battling with air pollution for a long time. In order to combat air pollution, California adopted "the Fleet Rules" in 2000, which required certain fleet operators (street sweepers, public fleet vehicles, public transit vehicles, garbage trucks, airport transportation vehicles, school buses, and heavy duty fleet vehicles) to limit automobile emission by purchasing low emissions vehicles. In the same year, the Engine Manufacturers’ Association (EMA) filed a lawsuit against the South…

awarded. It has been regulated that plaintiff must evidence the loss or damage was caused by the breach of contract otherwise the defendant is not liable to pay. ‘But for’ test reflects the conclusion in this situation. K’s car would have not been crashed if A gave the due care while he was parking K’s car and K would have not needed to use alternative transport during six months but for the ESC’s breach of the due care term of the contract. For the remoteness, this is then an issue as to…

able to have one, it’s our right as humans to procreate. Along with the possibility of a medical issue, a surrogate mother may have an active contract with the couple but there is a possibility of miscarriage which may cause the couple to sue her for breach of contract. Religiously, there are religions like Islam that forbid surrogacy as it is considered…