Standard form contract

Lucy v. Zehmer: The court focused on the contract being written in Zhemer’s handwriting and the both of them signed it. Even though Zehmer told Lucy the next day that it was the liquor talking and that he didn’t want to sell the farm, the court believed that Lucy was serious about purchasing the farm because he believed the contract was legit. By believing in the contract, the next day he focused on getting the money. The night they met at the restaurant, Zehmer had told Lucy that he…

of a contract with San Benito Heating and Sheet Metal for roof repairs to the Community Services Building. (NTE $5,184): E.D. Flores reached out to Steel Solutions for an additional proposal but was not provided a proposal. E.D. Flores requested authorization to issue the contract to San Benito Heating. A motion was made to approve the contract with San Benito Heating. If Royce does respond back to CSDC please let board know. M/ Diaz S/ Wright V/U b. Consider authorization of a contract with…

A dual agency agreement is when the listing agent represents both parties of the transaction. A dual agent will write up form and have the buyer and seller sign it, which basically says that the agent will not “say or do anything that would harm either party’s negotiating position. The agent takes a neutral position and helps both sides reach an agreement.” (Davis 80) There…

troubles, and unfortunately can no longer market or distribute your products.” When Sheila reminded him of their agreement, he replied, “I regret that our agreement did not work out as planned.” Sheila then negotiated a new marketer-distributor contract with a company called Aquamarine to replace her agreement with Robert. A few days ago Shelia received a letter…

As the paralegal reviewing the case, the elements of a contract must first be reviewed to establish if there is a valid contract between Sam and the chain store. As described in the textbook, “Contracts are a promise or set of promises for the breach of which the law gives a remedy or performance of which the law in some way recognizes a duty” (Kubasek, pg. 305, 2009). Valid contracts exist if four elements including the agreement, consideration, legal object, and contractual capacity are met…

Alexis Moss likely will not succeed in a claim of vicarious liability against Hitch, when Piper drove the vehicle involved in the accident that injured Alexis. The Alabama Supreme Court has noted that, “under the doctrine of respondeat superior a principal is vicariously liable for the torts of its agent if the tortious acts are committed within the line and scope of the agent's employment.” Martin v. Goodies Distrib., 695 So. 2d 1175, 1177 (Ala 1997). Vicarious liability has two requirements:…

both the very gradual nature of this particular continuous physical process and the Corps' promises to restore the littoral flow of sand, this taking situation had not stabilized by 1986--six years before the landowners filed suit. The statute of limitations does not bar this action.”2 In other words, because the Corps promised and then delayed their proposed sand transfer plant in 1988, the statute of limitations could not be used to prevent the case, because it is only good for more than six…

Question 1. To begin with, the buffalo creek disaster was out of negligence of the Pittston Company and not an act of God as was claimed by Pittston company. This is because the company was aware that the drainage system of the third dam required proper construction (Cowan 1). Secondly, it is sad to note that the compensation previously offered by Pittston company was meagre compared to the loss undergone by the survivors. Thirdly, Pittston company exhibits unethical conduct when it tries to…

Elements of Battery The law of torts is the compensation of losses suffered by private individuals in their legally protected interest through socially unreasonable conduct. Moreover, the law of torts seeks to protect bodily integrity and is actionable per se. Consider the following case of Moon v. Whitehead, the legal issue considered was consent in the tort of battery. Ms. Whitehead the respondent, plead that she retired to bed in an apartment she and the appellant were sharing in Sydney for…

Issues in Cross Border Mergers and Acquisitions: Commonly identifiable issues in mergers and acquisitions are as follows: LEGAL ISSUES:  Legal uncertainty- Cross border mergers and acquisitions involve a number of legal issues which are governed by the Company law, self-regulations, market regulations and other local rules. Though the bid looks friendly, legal issues in cross border mergers and acquisitions may not only be disadvantaged by lack of information to foreign companies but also the…