SL 1977-711 - North Carolina General Assembly
... selected one at a time, in which case each juror must first be passed by the State. These jurors may be sequestered before and after selection. "§ 15A-1215. Alternate jurors. — The judge may permit the seating of one or more alternate jurors. Alternate jurors must be sworn and seated near the jury w ...
... selected one at a time, in which case each juror must first be passed by the State. These jurors may be sequestered before and after selection. "§ 15A-1215. Alternate jurors. — The judge may permit the seating of one or more alternate jurors. Alternate jurors must be sworn and seated near the jury w ...
An assignment is not a subletting, and vice versa.
... have possessory obligations to each other, i.e., those obligations that run with the land, but not contractual obligations. But, absent an express agreement by the landlord to the contrary or the occurrence of some subsequent “releasing” event, the original named (assigning) tenant isn’t let off the ...
... have possessory obligations to each other, i.e., those obligations that run with the land, but not contractual obligations. But, absent an express agreement by the landlord to the contrary or the occurrence of some subsequent “releasing” event, the original named (assigning) tenant isn’t let off the ...
BPIF VAT support service
... The ‘package test’ – determining which item(s) are predominant (therefore whether the overall package is standard or zero-rated) - can be based on either count or cost. I.e. the significant item(s) can be the most valuable or the most numerous. ...
... The ‘package test’ – determining which item(s) are predominant (therefore whether the overall package is standard or zero-rated) - can be based on either count or cost. I.e. the significant item(s) can be the most valuable or the most numerous. ...
Maisonave v Newark Bears Professional Baseball
... The trial court reasoned that the provision of “at least two vending carts close to home plate and behind the screening, which plaintiff could have utilized,” established that defendants had not breached **704 their limited duty to plaintiff and, therefore, were not liable to plaintiff as a matter o ...
... The trial court reasoned that the provision of “at least two vending carts close to home plate and behind the screening, which plaintiff could have utilized,” established that defendants had not breached **704 their limited duty to plaintiff and, therefore, were not liable to plaintiff as a matter o ...
2014 DV Chapter for Cindy
... length of time.” [Hall v. Wake County Bd. of Elections, 280 N.C. 600, 187 S.E.2d 52 (1972); Atassi v. Atassi, 117 N.C.App. 506, 451 S.E.2d 371, review denied, 340 N.C. 109, 456 S.E.2d 310 (1995) (citation omitted) (whether husband’s domicile was in Syria or North Carolina precluded summary judgment ...
... length of time.” [Hall v. Wake County Bd. of Elections, 280 N.C. 600, 187 S.E.2d 52 (1972); Atassi v. Atassi, 117 N.C.App. 506, 451 S.E.2d 371, review denied, 340 N.C. 109, 456 S.E.2d 310 (1995) (citation omitted) (whether husband’s domicile was in Syria or North Carolina precluded summary judgment ...
Terrorism and Force Majeure in International Contracts
... According to Black’s Law Dictionary, frustration is ‘the doctrine that, if the entire performance of a contract becomes fundamentally changed without any fault by either party, the contract is considered terminated.’6 At this stage it is essential to remember that there are great differences within ...
... According to Black’s Law Dictionary, frustration is ‘the doctrine that, if the entire performance of a contract becomes fundamentally changed without any fault by either party, the contract is considered terminated.’6 At this stage it is essential to remember that there are great differences within ...
Contracts Outline, Fall 1995, Prof. Liam Murphy
... Miron (CB 1007-1014): racehorse sold at auction, later found to have broken leg, held for /seller because /buyer failed to meet burden of proof that horse’s leg was broken at time of sale. UCC §2607(4) -burden of proof, §2-606(1) -acceptance, (b) rejection, §2-602(1) reasonable time. Maurice O’Mea ...
... Miron (CB 1007-1014): racehorse sold at auction, later found to have broken leg, held for /seller because /buyer failed to meet burden of proof that horse’s leg was broken at time of sale. UCC §2607(4) -burden of proof, §2-606(1) -acceptance, (b) rejection, §2-602(1) reasonable time. Maurice O’Mea ...
Reduction in damages according to article 77 CISG
... As we have seen, the Russian court of arbitration arrived at the conclusion that the damage, which should have been mitigated, has to be apportioned between the creditor and the debtor.7 This result is in accordance with the wide and generally accepted principle on contributory negligence, which is ...
... As we have seen, the Russian court of arbitration arrived at the conclusion that the damage, which should have been mitigated, has to be apportioned between the creditor and the debtor.7 This result is in accordance with the wide and generally accepted principle on contributory negligence, which is ...
9/10
... reasonable proportion to the probable loss and the amount of actual loss is incapable or difficult of precise estimation.” (judged at time of contract) What does this standard mean? ◦ Applied as a sliding scale – The harder it is to estimate actual damages at time of contract, the less carefully one ...
... reasonable proportion to the probable loss and the amount of actual loss is incapable or difficult of precise estimation.” (judged at time of contract) What does this standard mean? ◦ Applied as a sliding scale – The harder it is to estimate actual damages at time of contract, the less carefully one ...
What to Do With Non-Conforming Goods
... Strict liability in tort has also been allowed for damages caused by defecttive products. A supplier who furnishes nonconforming goods to a buyer may be liable on a theory of negligence for any defect in the goods that the supplier knew or had reason to know would likely result in injury to those us ...
... Strict liability in tort has also been allowed for damages caused by defecttive products. A supplier who furnishes nonconforming goods to a buyer may be liable on a theory of negligence for any defect in the goods that the supplier knew or had reason to know would likely result in injury to those us ...
BFSLA Conference 2014 Trustee Limitation of Liability Clauses
... purposes (but only for the purposes) of the rights and remedies described in paragraph (b)(ii), and interpreting this agreement and any security for it, including in determining the following: (i) whether amounts are to be regarded as payable (and for this purpose damages or other amounts will be re ...
... purposes (but only for the purposes) of the rights and remedies described in paragraph (b)(ii), and interpreting this agreement and any security for it, including in determining the following: (i) whether amounts are to be regarded as payable (and for this purpose damages or other amounts will be re ...
Newly Identified Contract Unconscionability
... Antecedent to a decision to limit expectation damages in any manner is an assumption that expectation damages should usually be awarded; that is, that the aggrieved party should be placed so far as possible in the position he would have occupied had the contract been performed. This assumption is by ...
... Antecedent to a decision to limit expectation damages in any manner is an assumption that expectation damages should usually be awarded; that is, that the aggrieved party should be placed so far as possible in the position he would have occupied had the contract been performed. This assumption is by ...
view - TIDC
... (b) "Non-exempt assets and property" means cash in hand, stocks and bonds, accounts at financial institutions, and equity in real or personal property that can be readily converted to cash, other than assets and property exempt from attachment under state law. (c) "Household" means all individuals w ...
... (b) "Non-exempt assets and property" means cash in hand, stocks and bonds, accounts at financial institutions, and equity in real or personal property that can be readily converted to cash, other than assets and property exempt from attachment under state law. (c) "Household" means all individuals w ...
here - Roger Royse
... APPLICATION OF EXPERIENTIAL METAPHORS IN TWO CONTEXTS Because the truth or falsity of abstract legal concepts is not objectively verifiable, such concepts tend to rely heavily on metaphor for their definition. A list of all conceivable metaphors would fill a library, but a few applications and some ...
... APPLICATION OF EXPERIENTIAL METAPHORS IN TWO CONTEXTS Because the truth or falsity of abstract legal concepts is not objectively verifiable, such concepts tend to rely heavily on metaphor for their definition. A list of all conceivable metaphors would fill a library, but a few applications and some ...
Designing an Efficient Securities
... securities fraud is to credibly threaten the individuals who would commit it with criminal penalties.9 The criminal penalties threatened should include imprisonment, but need not be so limited. As explained above, what makes a penalty “criminal” is that it is severe enough to discourage the activity ...
... securities fraud is to credibly threaten the individuals who would commit it with criminal penalties.9 The criminal penalties threatened should include imprisonment, but need not be so limited. As explained above, what makes a penalty “criminal” is that it is severe enough to discourage the activity ...
Past Consideration
... in 1947, what did Ms. Feinberg say? • “that she would have continued her employment whether or not such a resolution had been adopted” – relevance? ...
... in 1947, what did Ms. Feinberg say? • “that she would have continued her employment whether or not such a resolution had been adopted” – relevance? ...
Ch 1 Outline THE NATURE OF LAW - Law consists of enforceable
... decisions. Whether an activity is ethical is an important part of deciding whether to engage in it, but simply complying with the law may not meet all ethical obligations. SOURCES OF AMERICAN LAW A. CONSTITUTIONAL LAW - The U.S. Constitution distributes power among the branches of government. It is ...
... decisions. Whether an activity is ethical is an important part of deciding whether to engage in it, but simply complying with the law may not meet all ethical obligations. SOURCES OF AMERICAN LAW A. CONSTITUTIONAL LAW - The U.S. Constitution distributes power among the branches of government. It is ...
Theme 3 Contractual Capacity
... Parties reached consensus in a situation where they would not have concluded the contract had they been aware of the real circumstances. In such cases the contract is null and void or voidable if the prejudiced party elects do so. If the contract is null and void – no legal obligation is ...
... Parties reached consensus in a situation where they would not have concluded the contract had they been aware of the real circumstances. In such cases the contract is null and void or voidable if the prejudiced party elects do so. If the contract is null and void – no legal obligation is ...
corporate liability for corruption offences in latin america
... results from the breach of the legal person‘s direction and supervisory functions. Under the same assumptions of the preceding indent, legal persons shall also be responsible for the offenses committed by individuals who are under the direction or supervision of any of the subjects mentioned in the ...
... results from the breach of the legal person‘s direction and supervisory functions. Under the same assumptions of the preceding indent, legal persons shall also be responsible for the offenses committed by individuals who are under the direction or supervision of any of the subjects mentioned in the ...
Chapter 11 Agency
... Benefits, Retirement, etc. Above paid for employee but not for Independent Contractor ...
... Benefits, Retirement, etc. Above paid for employee but not for Independent Contractor ...
Medical Malpractice Background info on Prof. Gioia: Born in
... OPM - "Other People’s Money” Med Mal is all based on OPM. “going bare” - doctor who practices medicine without carrying insurance. He must have a sign that saying so. Gioia said Berner loved this term. Enterprise Liability - takes strict liability and applies it to all kinds of torts inc ...
... OPM - "Other People’s Money” Med Mal is all based on OPM. “going bare” - doctor who practices medicine without carrying insurance. He must have a sign that saying so. Gioia said Berner loved this term. Enterprise Liability - takes strict liability and applies it to all kinds of torts inc ...
Civil Justice for Victims of Crime in Georgia
... wife, Nicole Brown, and Ronald Goldman. The jury in the criminal case found Simpson “not guilty” of the murders. Despite Simpson’s acquittal, the victims’ families filed and won a civil wrongful death lawsuit against Simpson. The jury in the civil case awarded the victims’ families monetary damages. ...
... wife, Nicole Brown, and Ronald Goldman. The jury in the criminal case found Simpson “not guilty” of the murders. Despite Simpson’s acquittal, the victims’ families filed and won a civil wrongful death lawsuit against Simpson. The jury in the civil case awarded the victims’ families monetary damages. ...
Default rules
... Peevyhouses were doing this for the first time Default rule allows Garland to pay diminution fee: they have no reason to bring it up, Peevyhouses don’t know Default rule forces Garland to do cleanup: if that’s inefficient, they could bring it up during negotiations In this case, specific performance ...
... Peevyhouses were doing this for the first time Default rule allows Garland to pay diminution fee: they have no reason to bring it up, Peevyhouses don’t know Default rule forces Garland to do cleanup: if that’s inefficient, they could bring it up during negotiations In this case, specific performance ...
Lecture2_Risk_Terminology
... • Loss Exposure: Any situation or circumstance in which a loss is possible, regardless of whether a loss occurs. • Objective Risk vs. Subjective Risk – Objective risk is defined as the relative variation of actual loss from expected loss • It can be statistically calculated using a measure of disper ...
... • Loss Exposure: Any situation or circumstance in which a loss is possible, regardless of whether a loss occurs. • Objective Risk vs. Subjective Risk – Objective risk is defined as the relative variation of actual loss from expected loss • It can be statistically calculated using a measure of disper ...
Hot Issues in PV Performance and Solar Project Finance
... – Assist in ensuring that the EPC Contractor has properly completed the Project prior to its acceptance by owner; and – Help to verify that the modules supplied by the supplier/manufacturer (either to EPC Contractor directly or to Owner who provides these Modules to the EPC Contractor) work as inten ...
... – Assist in ensuring that the EPC Contractor has properly completed the Project prior to its acceptance by owner; and – Help to verify that the modules supplied by the supplier/manufacturer (either to EPC Contractor directly or to Owner who provides these Modules to the EPC Contractor) work as inten ...