Hadley v. Baxendale
... such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract as the probable result of the breach of it. If special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus know ...
... such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract as the probable result of the breach of it. If special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus know ...
INTRODUCTION TO INSURANCE BASICS
... INSURABLE INTEREST must exist in order to have a legally enforceable contract – Life Insurance - not required if insured purchases policy: if other party purchases, must have I.I. at the time of purchase – Property/Casualty Insurance - all parties named must have I.I. at time of loss. Each party wit ...
... INSURABLE INTEREST must exist in order to have a legally enforceable contract – Life Insurance - not required if insured purchases policy: if other party purchases, must have I.I. at the time of purchase – Property/Casualty Insurance - all parties named must have I.I. at time of loss. Each party wit ...
Team Oriented - Bryan Cave Media
... Extinguishment of original litigation claim Preserving your litigation claim may be an issue outside the context of executory contract rejection as well. The typical situation involves the plaintiff accepting the payment specified under the settlement agreement from the defendant, and in turn immed ...
... Extinguishment of original litigation claim Preserving your litigation claim may be an issue outside the context of executory contract rejection as well. The typical situation involves the plaintiff accepting the payment specified under the settlement agreement from the defendant, and in turn immed ...
Is there a Contract
... Types of K formed by acceptance: Acceptance by word or return promise produces a bilateral contract Acceptance by performance/action results in unilateral contract Acceptance must show a clear intent to be bound Acceptance must sufficiently correspond to the offer, or it will be viewed as ...
... Types of K formed by acceptance: Acceptance by word or return promise produces a bilateral contract Acceptance by performance/action results in unilateral contract Acceptance must show a clear intent to be bound Acceptance must sufficiently correspond to the offer, or it will be viewed as ...
Legal: Why Your Contract Should Contain an Indemnification Clause
... Who pays the legal fees and any damages that result from this lawsuit? The subcontractor does, if the subcontract contains an indemnity clause in which the sub agrees to indemnify the contractor. In that case the contractor makes a tender to the sub, and the sub is obligated to handle the lawsuit on ...
... Who pays the legal fees and any damages that result from this lawsuit? The subcontractor does, if the subcontract contains an indemnity clause in which the sub agrees to indemnify the contractor. In that case the contractor makes a tender to the sub, and the sub is obligated to handle the lawsuit on ...
international tribunal for the law of the sea tribunal international du
... the nature of the responsibilities of sponsoring States and their liability that again lies ...
... the nature of the responsibilities of sponsoring States and their liability that again lies ...
Presentation Contract Negotiations Jan 2014
... “Negotiation often requires stepping into the shoes of the other." Contract Negotiation: Process of give and take between two or more parties to reach an agreement. The Business Side vs. the Legal Side of Negotiations Contract negotiations have two distinct stages: negotiation of the basic business ...
... “Negotiation often requires stepping into the shoes of the other." Contract Negotiation: Process of give and take between two or more parties to reach an agreement. The Business Side vs. the Legal Side of Negotiations Contract negotiations have two distinct stages: negotiation of the basic business ...
assessing and managing the impact of economic sanctions on
... It seems likely that to successfully argue a sanction had frustrated a contract it would be necessary to show that no licence could in any event be obtained, or that despite the use of best endeavours the licence was unobtainable (see DVB Bank at paragraphs 43-49 and 81; and the cases cited therein) ...
... It seems likely that to successfully argue a sanction had frustrated a contract it would be necessary to show that no licence could in any event be obtained, or that despite the use of best endeavours the licence was unobtainable (see DVB Bank at paragraphs 43-49 and 81; and the cases cited therein) ...
Exam answer
... (or part of them) from money that is due to be paid back to other party. Section 1(3) stipulates that if one party has obtained “valuable benefit” (other than money) by reason of anything done by the other party in performance of the contract, and this benefit was obtained before frustrating event ...
... (or part of them) from money that is due to be paid back to other party. Section 1(3) stipulates that if one party has obtained “valuable benefit” (other than money) by reason of anything done by the other party in performance of the contract, and this benefit was obtained before frustrating event ...
RTF - The Supreme Court of the Northern Territory
... 241. The next and critical question is whether the words in parentheses in s 35(2), ‘whether by providing the insured with a document containing the provisions, or the relevant provisions, of the proposed contract or otherwise’, mean that the provision of such a document will in and of itself satisf ...
... 241. The next and critical question is whether the words in parentheses in s 35(2), ‘whether by providing the insured with a document containing the provisions, or the relevant provisions, of the proposed contract or otherwise’, mean that the provision of such a document will in and of itself satisf ...
Chapter 17: Management of Employee Conduct: Agency
... - When the third party is aware a principal is involved and knows who the principal is, the principal is liable to the third party and not the agent, regardless of whether the agent has express, implied or apparent authority. - If the agent has no authority, then the agent, not the principal, is lia ...
... - When the third party is aware a principal is involved and knows who the principal is, the principal is liable to the third party and not the agent, regardless of whether the agent has express, implied or apparent authority. - If the agent has no authority, then the agent, not the principal, is lia ...
Agribusiness Library
... A sole proprietorship has several disadvantages. A. Raising capital to start the business is difficult. 1. Banks are less willing to lend money to one person for a business venture. 2. Banks that approve loans may have higher interest rates. ...
... A sole proprietorship has several disadvantages. A. Raising capital to start the business is difficult. 1. Banks are less willing to lend money to one person for a business venture. 2. Banks that approve loans may have higher interest rates. ...
Miller-Jentz, Business Law Today, Comp. 9e
... –Assault: the reasonable apprehension or fear of immediate contact. –Battery: completion (contact) of the ...
... –Assault: the reasonable apprehension or fear of immediate contact. –Battery: completion (contact) of the ...
Torts Law: Blurred Elements - Mitchell Hamline Open Access
... conduct . . . owes a duty to exercise due care against physically harming anyone whom he might reasonably foresee physically harming were he to perform that conduct carelessly” may seem ...
... conduct . . . owes a duty to exercise due care against physically harming anyone whom he might reasonably foresee physically harming were he to perform that conduct carelessly” may seem ...
request
... Background: The NERC Interchange Distribution Calculator (IDC) and the associated feeder applications (System Data Exchange (SDX), Book of Flowgates (BOF), Distribution Factors Viewer (NFV)) are to be transitioned to the industry on March 31, 2013. An association of the Eastern RC organizations (Ass ...
... Background: The NERC Interchange Distribution Calculator (IDC) and the associated feeder applications (System Data Exchange (SDX), Book of Flowgates (BOF), Distribution Factors Viewer (NFV)) are to be transitioned to the industry on March 31, 2013. An association of the Eastern RC organizations (Ass ...
Liability for the Torts of Independent Contractors in California
... intrinsic danger, 15 include a vast array and provide a fertile area for judicial widening of the exceptions.' 6 The fact that the two exceptions may be fundamentally the same seems never to have seriously troubled the courts. Frequently both rules are stated, or it is said that the duty is created ...
... intrinsic danger, 15 include a vast array and provide a fertile area for judicial widening of the exceptions.' 6 The fact that the two exceptions may be fundamentally the same seems never to have seriously troubled the courts. Frequently both rules are stated, or it is said that the duty is created ...
Contract - yourgdl.co.uk
... sample he had received; purchase was in fact of new oats; Defendant refused to pay for the oats and Claimant sued for breach of contract; held that the Claimant’s passive acquiescence to sell the oats did not amount to a misrepresentation. Ratio: Regardless of what a man’s real intentions are, if he ...
... sample he had received; purchase was in fact of new oats; Defendant refused to pay for the oats and Claimant sued for breach of contract; held that the Claimant’s passive acquiescence to sell the oats did not amount to a misrepresentation. Ratio: Regardless of what a man’s real intentions are, if he ...
Contract Law - Lawson Lundell LLP
... clause was unconscionable and unenforceable under that test as well. It permitted the vendor to walk away from the contract with no consequence at all, while the purchasers would face significant consequences if they failed to comply with obligations imposed on them. From the purchasers’ perspective ...
... clause was unconscionable and unenforceable under that test as well. It permitted the vendor to walk away from the contract with no consequence at all, while the purchasers would face significant consequences if they failed to comply with obligations imposed on them. From the purchasers’ perspective ...
Indirect Liability for Copyright Infringement: An Economic Perspective
... WILLIAM LANDES AND DOUGLAS LICHTMAN ...
... WILLIAM LANDES AND DOUGLAS LICHTMAN ...
Proving Fifteenth Century Promises
... inadmissable today under the modem rules of evidence, especially hearsay. The modem notion of a jury is the reverse of its progenitor; the modem juror is selected for lack of knowledge about the transaction, whereas 8 The two royal courts which formed the modem theory of common law contract were the ...
... inadmissable today under the modem rules of evidence, especially hearsay. The modem notion of a jury is the reverse of its progenitor; the modem juror is selected for lack of knowledge about the transaction, whereas 8 The two royal courts which formed the modem theory of common law contract were the ...
chapter one: defining and proving crimes
... B. Model Penal Code—a suggested model for enactment and interpretation of criminal law. The Model Penal Code is not the law unless adopted and enacted by a legislature C. Statutory Law—criminal codes passed, by the legislature, that define crimes 1. Legislative Intent—the purpose for which the legis ...
... B. Model Penal Code—a suggested model for enactment and interpretation of criminal law. The Model Penal Code is not the law unless adopted and enacted by a legislature C. Statutory Law—criminal codes passed, by the legislature, that define crimes 1. Legislative Intent—the purpose for which the legis ...
Rafting Waiver - Lee University
... I fully understand and acknowledge that (a) risks and dangers exist in my use of whitewater rafting and my participation in whitewater rafting activities, and in loading and unloading onto and being transported to recreational sites by bus or van. (b) my participation in such activities and/or use o ...
... I fully understand and acknowledge that (a) risks and dangers exist in my use of whitewater rafting and my participation in whitewater rafting activities, and in loading and unloading onto and being transported to recreational sites by bus or van. (b) my participation in such activities and/or use o ...
CR242 Equity - Ombudsman For Long Term Insurance
... entitled to superimpose on the clearly expressed intention of the parties its notion of fairness, the position is different where a contract is ambiguous. In such a case, the principle that all contracts are governed by good faith is applied and the intention of the parties is determined on the basi ...
... entitled to superimpose on the clearly expressed intention of the parties its notion of fairness, the position is different where a contract is ambiguous. In such a case, the principle that all contracts are governed by good faith is applied and the intention of the parties is determined on the basi ...
Oh behave - TIO Insurance
... If an act or omission could not reasonably be regarded as being capable of causing or contributing to an insured loss, the insurer cannot refuse to pay the claim; it can only reduce its liability to pay the claim by the extent to which it has been prejudiced by the act or omission. ...
... If an act or omission could not reasonably be regarded as being capable of causing or contributing to an insured loss, the insurer cannot refuse to pay the claim; it can only reduce its liability to pay the claim by the extent to which it has been prejudiced by the act or omission. ...
rental contract - St. James Westminster
... Use of the facilities must be limited to the purpose(s), date(s) and time(s) specified in the contract and is for the requested rooms, hallways and washrooms only. All other space is out of bounds. Use of the kitchen for light refreshments does not mean exclusive use of the room. Use of the organ or ...
... Use of the facilities must be limited to the purpose(s), date(s) and time(s) specified in the contract and is for the requested rooms, hallways and washrooms only. All other space is out of bounds. Use of the kitchen for light refreshments does not mean exclusive use of the room. Use of the organ or ...