Unenforceable

Since the complaint has been filed Hannah’s Berries filed a motion for summary judgment alleging the contract is unenforceable under the statue of frauds because the contract lasted more than one year and was an oral contract. In, Home News Inc., v. Goodman, 182 Md. 585, 35 A.2d 442 (Md. Ct. Spec. App. 1944), the parties, Home News Inc. and Seymour P. Goodman entered into…

judgment several days after Visa U.S.A Inc. filed another motion to dismiss. Genesco’s motion was a request to the court to determine the noncompliance of Visa’s PCI violated contracts made by Visa and the acquiring banks and this surmounted to unenforceable penalties. As a response to Genesco’s motion, Visa managed to raise a total of six defenses. One of the main issues that were raised in Visa’s defense was that Genesco totally ignored that it was obligated with the burden of proof to show…

(U.S. Department of Justice, 2015) This pointing out obvious flaws in the United States attempts to have gun control, it basically made the act unenforceable. Under the Gun Control Act of 1968, they fixed the flaw in the National Firearm Act by making the requirement for possessors of unregistered firearms to register removed, because there is no reason for them to register the weapon in the first…

MOSHER V BENSON BACKGROUND: At the age of 17 Kyle Mosher purchased a car from Peter Benson. The motion before the court was to have the matter set aside due to the plaintiff being a minor. Mosher had requested that the contract be reversed since he was a minor at the time the car was purchased and further stated that the vehicle was not in roadworthy condition and therefore had to pay and excessive price for the vehicle. According to the British Columbia Infants Act Subsection 27 (a) An adult…

The historical and philosophical reasons for the distrust of a strong national government demonstrated under the articles of confederation lead back to the previous government the united states were under while being ruled by Britain, as said in the reading at page 55 in the sections: problem 1. Fear of a strong national government and Solution: Create a weak national government. The U.S didn't like being controlled by a strong national government and often spoke out about the monarchy. The…

The Roman Empire was strong. It was founded on the strengths of its military, its strategic geographic location, strong moral values and wise leadership. It flourished because of its social, economic, political, military and religious strengths. However, when the things that make a civilization flourish begin to erode the civilization itself begins its decent. The first main reason for the fall was the civilizations economic decay. The rulers of Rome had very expensive lifestyles, and were a…

The majority decided that the conduct of the defendant guards is not liable because there is no direct wrongdoing to the plaintiffs. The majority’s opinion was aimed at discouraging fraudulent claims, but it would deny those who complain in good faith. I tend to agree with the dissent opinion penned by judge Andrew that due care is a duty that imposed to each of us to protect a society not only to protect some parties that have prior duty relationship. Despite there is no direct duty existed…

A Radical’s Radical Plan to Eliminate Radicals When I was younger, I remember many days where I came home from school and asked my dad “Why do we have to learn history. It’s not like it's going to help me at all when I’m a grownup.” I could understand why we would need to learn subjects like English or math, and their applications in the “real world”, but I was always stumped on history. Puzzling me, he would respond every time by saying “those who do not know history are doomed to repeat it…

The U.S. legal system can be very complex and confusing to someone not in the legal profession and requires many years of study and practice to be proficient at applying its principles. Even though it is difficult to grasp all the aspects involved in the different facets of the law as it pertains to business, understanding at least the basics of contract law is vitally important for managers and business owners because they will most likely be dealing with contracts on a regular basis in order…

Contracts are everywhere. They are a part of everyone’s daily lives. Learning what constitutes an enforceable contract was very useful. A contract, is a promise that is supported by a benefit, or a bargain. This promise, or offer, has to be clearly accepted and the parties need to share a common intent and understanding of the formation. The offer cannot be an invitation. It must be a clear intent to enter into an agreement by the offeror. It must state the consideration in its terms and…