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    Chain Store Contract

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    In order for a valid contract to exist between Sam and the chain store there needs to be elements that back up the proof. A contract consists of four different elements: agreement, consideration, contractual capacity, and a legal object. The agreement “consists of an offer b one party, called the offeror, to enter into a contract and an acceptance of the terms offer by the other party, called the offeree.” (Kubasek, 2012, p.304) The agreement could be done as a verbal agreement or even a…

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    In my court case Witherwax v Transcare, Inc. 2005 NY. Transcare ambulance transported Witherwax to the hospital 2000, and the transcare employee didn’t recorded the right address for Witherwax resulting in Witherwax not receiving a bill for the services performed by transcare. Transcare sent witherwax bill to a collection agency. Witherwax claims that Paul Michael reported the debt to the three credit reporting agencies as being "seriously past due. Witherwax tried to resolve the debt, but…

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    You asked me to discuss what a party to a contract must do to show he executed an agreement under duress for the purposes of rendering a contract voidable. Part I discusses the elements of duress. Part II discusses why signing a contract under economic duress does not generally render a contract voidable. Part III discusses the elements of undue influence as an alternative to duress. Discussion I. Duress Generally For a party to prove that he signed an agreement under duress, he must satisfy…

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    The complainant, Foster contacted Rollins Company in order for them to spray her trail home. Unfortunately, Rollin’s Company cheated the complainant by not offering the service she was demanding for. She was not given a clear picture of what the contract is all about, nor they she review to her the terms indicated in the contract. She was an illiterate and can’t figure out what the contract says instead, she sign it without knowing the arbitration agreement stated at the back of the document.…

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    technology rise, new security issues in network infrastructures has increased from previous decades. For example, unknown hackers were able to achieve once of the largest breaches of OPM network in history. According to the Michelle Singletary, a Columnist for the Washington Post, stated personal information — birth dates, home addresses and Social Security numbers — for 4.2 million current and former federal government employees was compromised. [In addition] a second breach uncovered in June…

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    statement such that he did not intend to perform the contractual duties as promised. The issue with his intended breach is that the contract generated an expectation interest for my business due to the anticipated contract performance (Pryor, 2009, p. 723). Moreover, I invested in advertising to market those products based upon the goods I anticipated to receive. This intended breach of contract harmed my business due to the increased financial burden I incurred to market and sell the…

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    Thomas V Bobby Case Study

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    Thomas v Bobby Applicable Law-Uniform Commercial Code Contracts for the sale of goods will be governed by the UCC. The contract here is for the sale of a painting, which is a good, Therefore, the UCC applies. Merchants A party to a contract believed to be experts or having specific knowledge regarding the area the contract pertains too. Merchants are held to a higher standard of good faith and the UCC rules regarding merchants will be applied. Thomas became an artist after retiring from a law…

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    Cuim Management Case Study

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    TABLE OF CONTENT 1. WHY SHOULD WE KNOW ABOUT CONTRACT? ......3 2. PROJECT CLAIM MANAGEMENT…………………….4 3. BASIC STEPS- CLAIM MANAGEMENT……………….5 4. OBJECTIVES OF CLAIM MANAGEMENT…………….7 5. CLAIM MANAGEMENT- BEST PRACTICES………….8 6. INPUT/T&T AND OUTPUT………………………………9 7. CONCLUSION…………………………………………….10 8. REFERENCE……………………………………………....10 WHY SHOULD WE KNOW ABOUT CONTRACT? Let’s consider we are managing a project, which can be a smaller project or complex type project. Before proceeding to the…

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    Taylor v Caldwell (1863) 3B & S 826 Introduction The case of Taylor v Caldwell is a fundamental case in the area of frustration with regards to contract law. Taylor v Caldwell is an extremely important case, as Murray states, "frustration developed to alleviate harshness of absolute obligation rule". Frustration comes about in circumstances where the courts will discharge the parties of obligations under the contract, therefore meaning that the parties are not liable for any further…

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    consequence of the doctrine of privity, the person who bore the red ink (i.e. the third party) cannot sue, whereas the person who has suffered no loss (i.e. The promise) can sue, but may only be able to obtain nominal damages. For instance, where the breach of a contract consists of a failure to perform in favor of a third party, unless the promise also suffers some loss as a consequence of the break, the damages awarded would generally only be token. Where a contract is established for the…

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