promises, promises: lateral thinking in
... capable of clear expression; (5) it must not contradict any express term of the contract." (emphasis added) 46. Simply put, an implied term is one that “spell[s] out what the contract [or term] means”.8 47. In practical terms in the employment context, this usually involves examining the ordinary cu ...
... capable of clear expression; (5) it must not contradict any express term of the contract." (emphasis added) 46. Simply put, an implied term is one that “spell[s] out what the contract [or term] means”.8 47. In practical terms in the employment context, this usually involves examining the ordinary cu ...
RTF format
... The purpose of commercial contracts is to record the obligations of one party in relation to another. These obligations should be set out with some level of certainty. But what often happens is that certainty is diminished through the use of the efforts standards, which includes the use of terminolo ...
... The purpose of commercial contracts is to record the obligations of one party in relation to another. These obligations should be set out with some level of certainty. But what often happens is that certainty is diminished through the use of the efforts standards, which includes the use of terminolo ...
PDF format
... The purpose of commercial contracts is to record the obligations of one party in relation to another. These obligations should be set out with some level of certainty. But what often happens is that certainty is diminished through the use of the efforts standards, which includes the use of terminolo ...
... The purpose of commercial contracts is to record the obligations of one party in relation to another. These obligations should be set out with some level of certainty. But what often happens is that certainty is diminished through the use of the efforts standards, which includes the use of terminolo ...
torts - NYU School of Law
... 1. Facts: P walks into public highway, D holding event there & Bird couldn’t get thru, though coulda stayed or gone other direction. 2. Held: Imprisonment requires total, not partial, imprisonment. 3. Dissent (Lord Denman): Imprisonment=any restraint of person by force, leavin inconvenient way leads ...
... 1. Facts: P walks into public highway, D holding event there & Bird couldn’t get thru, though coulda stayed or gone other direction. 2. Held: Imprisonment requires total, not partial, imprisonment. 3. Dissent (Lord Denman): Imprisonment=any restraint of person by force, leavin inconvenient way leads ...
Past Consideration
... • O my sons, be generous to strangers and you will be given exactly what was given to the great Abraham, the father of fathers . . . Testament of Jacob (mishram) 7:22 ...
... • O my sons, be generous to strangers and you will be given exactly what was given to the great Abraham, the father of fathers . . . Testament of Jacob (mishram) 7:22 ...
recaption of chattels: the use of force against the person
... available rights, which may include recaption, respecting goods which have been wrongfully removed or interfered with. This is not because recaption protects ownership however; it is because it is the right of immediate possession, whether deriving from ownership or some other source, which is prote ...
... available rights, which may include recaption, respecting goods which have been wrongfully removed or interfered with. This is not because recaption protects ownership however; it is because it is the right of immediate possession, whether deriving from ownership or some other source, which is prote ...
Miller-Jentz, Business Law Today, Comp. 9e
... • Negligence is an unintentional tort. • Occurs when someone suffers injury because of the defendant’s failure to comply with a legal duty. • Defendant (tortfeasor) creates foreseeable risk of injury. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole ...
... • Negligence is an unintentional tort. • Occurs when someone suffers injury because of the defendant’s failure to comply with a legal duty. • Defendant (tortfeasor) creates foreseeable risk of injury. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole ...
Team Oriented - Bryan Cave Media
... treat the contract as breached immediately prior to the bankruptcy filing, and the non-debtor contracting party generally is left with an unsecured claim for damages resulting from the breach of the rejected contract. The non-debtor party would be paid pro rata with the debtor’s other unsecured cred ...
... treat the contract as breached immediately prior to the bankruptcy filing, and the non-debtor contracting party generally is left with an unsecured claim for damages resulting from the breach of the rejected contract. The non-debtor party would be paid pro rata with the debtor’s other unsecured cred ...
FRAUD: When gross negligence is not enough
... There is a high bar for proving deceit. It is a difficult task which can have devastating reputational consequences and should not be embarked upon lightly. Overcoming the causation hurdle is often very difficult for a claimant to do. This is particularly so in the age of modern communication. E-mai ...
... There is a high bar for proving deceit. It is a difficult task which can have devastating reputational consequences and should not be embarked upon lightly. Overcoming the causation hurdle is often very difficult for a claimant to do. This is particularly so in the age of modern communication. E-mai ...
9/10
... ◦ Liquidated damages provision will be sustained if the amount “bears a 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 i ...
... ◦ Liquidated damages provision will be sustained if the amount “bears a 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 i ...
Exam answer
... applies if frustrating event is not fault of parties. Here the police investigations could indicate fault on the part of Mark, but it is not possible to draw firm conclusion about fault on the facts given. Thus, need to take “even if line”. If frustration held to occur, then need to look at conseque ...
... applies if frustrating event is not fault of parties. Here the police investigations could indicate fault on the part of Mark, but it is not possible to draw firm conclusion about fault on the facts given. Thus, need to take “even if line”. If frustration held to occur, then need to look at conseque ...
The Communities That Make Standards of Care Possible
... prunes away various rhetorical and sentimental meanings that grew in the American vernacular during the 1980s, when "communitarianism" arose. Indeed. Negligence law is indifferent to most of what goes on in the name of community. For this purpose, it concerns itself only with constraint. 20 17. See ...
... prunes away various rhetorical and sentimental meanings that grew in the American vernacular during the 1980s, when "communitarianism" arose. Indeed. Negligence law is indifferent to most of what goes on in the name of community. For this purpose, it concerns itself only with constraint. 20 17. See ...
equity in building c..
... EQUITY IN BUILDING CONTRACT IN NIGERIA There was no prior oral agreement of which the term on external repairs had been part, but which ten had been let out in the later least document. It is not necessary that the prior oral agreement should have been a legally binding one. it is sufficient even t ...
... EQUITY IN BUILDING CONTRACT IN NIGERIA There was no prior oral agreement of which the term on external repairs had been part, but which ten had been let out in the later least document. It is not necessary that the prior oral agreement should have been a legally binding one. it is sufficient even t ...
Agribusiness Library
... professional organization offering something that has real existence. The following factors characterize a sole proprietorship. ...
... professional organization offering something that has real existence. The following factors characterize a sole proprietorship. ...
B R F
... promisor or offerer.The person to whom the offer is made is called the promisee or offeree. ...
... promisor or offerer.The person to whom the offer is made is called the promisee or offeree. ...
Recovery of Pure Economic Loss in Product Liability Actions: An
... personal computer for use in a business, and the computer breaks down, requiring three days for repair. The out-ofpocket cost of repairing the computer is direct economic loss. Any loss in profits resulting from the breakdown is consequential economic loss. These damages, taken together and in the a ...
... personal computer for use in a business, and the computer breaks down, requiring three days for repair. The out-ofpocket cost of repairing the computer is direct economic loss. Any loss in profits resulting from the breakdown is consequential economic loss. These damages, taken together and in the a ...
assessing and managing the impact of economic sanctions on
... There is precedent to support the contention that economic sanctions fall within the expression “force majeure”. In Lebeaupin v Crispin [1920] 2 KB 714, McCardie J observed (obiter) that the phrase: “was not interchangeable with ‘vis major’ or ‘the act of God’. It goes beyond the latter phrases. An ...
... There is precedent to support the contention that economic sanctions fall within the expression “force majeure”. In Lebeaupin v Crispin [1920] 2 KB 714, McCardie J observed (obiter) that the phrase: “was not interchangeable with ‘vis major’ or ‘the act of God’. It goes beyond the latter phrases. An ...
3 - Supreme Court of Canada
... I am, for the above reasons, of the opinion that the appeal should be dismissed with costs. The judgment of Locke, Fauteux and Nolan JJ. was delivered by LOCKE J.:—In support of its contention that it had shipped the coal in question to the Canadian National Railway on the appellant's instructions, ...
... I am, for the above reasons, of the opinion that the appeal should be dismissed with costs. The judgment of Locke, Fauteux and Nolan JJ. was delivered by LOCKE J.:—In support of its contention that it had shipped the coal in question to the Canadian National Railway on the appellant's instructions, ...
INTRODUCTION TO INSURANCE BASICS
... Responsibilities Cont’d. AGENCY - a fiduciary relationship in which one entity (the principal) authorizes another (the agent) to act on its behalf in dealings with 3rd parties FIDUCIARY - a relationship in which agent takes in/handles money and signs contracts on behalf of the principal and is acc ...
... Responsibilities Cont’d. AGENCY - a fiduciary relationship in which one entity (the principal) authorizes another (the agent) to act on its behalf in dealings with 3rd parties FIDUCIARY - a relationship in which agent takes in/handles money and signs contracts on behalf of the principal and is acc ...
26 January 2009
... II. Dutiesa. In negligence, analyizing in terms of duty is question-begging, just the duty to exercise reasonable care to avoid injuring the plaintiff ordinarily exists b. Strict liability, speaking of duty is peculiar. Action is acceptable but must pay own way. Duty is to compensate those harmed by ...
... II. Dutiesa. In negligence, analyizing in terms of duty is question-begging, just the duty to exercise reasonable care to avoid injuring the plaintiff ordinarily exists b. Strict liability, speaking of duty is peculiar. Action is acceptable but must pay own way. Duty is to compensate those harmed by ...
Contract - yourgdl.co.uk
... Council invited a small number of parties connected to its airport to submit tenders; clear, orderly and familiar procedures had been laid down; it was reasonable for all tenderers to assume they would be considered; Club sent in a valid tender on time but postbox not cleared on time by Council staf ...
... Council invited a small number of parties connected to its airport to submit tenders; clear, orderly and familiar procedures had been laid down; it was reasonable for all tenderers to assume they would be considered; Club sent in a valid tender on time but postbox not cleared on time by Council staf ...
RTF - The Supreme Court of the Northern Territory
... provisions, of the proposed contract or otherwise’, mean that the provision of such a document will in and of itself satisfy the requirement clearly to inform. 242. In my view the words in parentheses in section 35(2) ‘whether by providing the insured with a document containing the provisions, or th ...
... provisions, of the proposed contract or otherwise’, mean that the provision of such a document will in and of itself satisfy the requirement clearly to inform. 242. In my view the words in parentheses in section 35(2) ‘whether by providing the insured with a document containing the provisions, or th ...
420 Business ADCP Law Fall 2011 - LeMoyne
... all ethical obligations without making a profit will not be looked at favorably by shareholders. Also, a company that violates all ethical principles will also not be looked favorably by the shareholders. Theory of Utilitarianism Utilitarianism is a theory that believes that an action is morally rig ...
... all ethical obligations without making a profit will not be looked at favorably by shareholders. Also, a company that violates all ethical principles will also not be looked favorably by the shareholders. Theory of Utilitarianism Utilitarianism is a theory that believes that an action is morally rig ...
Participant Information Participant Name Age_______ Cell Phone
... of any damage, loss, or injury to me (including my death) or my property as a result of or in any way connected with my participation in any of the Activities, whether resulting from the negligence or other fault, of any of the Released Parties, or from any other cause. 2) ASSUMPTION OF RISK. I know ...
... of any damage, loss, or injury to me (including my death) or my property as a result of or in any way connected with my participation in any of the Activities, whether resulting from the negligence or other fault, of any of the Released Parties, or from any other cause. 2) ASSUMPTION OF RISK. I know ...