The Assignment of the Insured`s Rights
... The liability insurance policy imposes certain obligations on both the insured and the insurer whenever the insured makes a claim under the policy. These obligations seek to protect both the interests of the insurer and the insured who are parties to the insurance contract. The insurer rightfully wa ...
... The liability insurance policy imposes certain obligations on both the insured and the insurer whenever the insured makes a claim under the policy. These obligations seek to protect both the interests of the insurer and the insured who are parties to the insurance contract. The insurer rightfully wa ...
Franchisors` Liablility When Franchisees are Apparent Agents: An
... actually concedes that franchise customers may "conclude that they are dealing not with an agent but with the principal since franchised locations are often indistinct from companyoperated locations." William Curcio, Living With Franchisees and Trying to Live Without Them, Remarks at the ABA's Fifth ...
... actually concedes that franchise customers may "conclude that they are dealing not with an agent but with the principal since franchised locations are often indistinct from companyoperated locations." William Curcio, Living With Franchisees and Trying to Live Without Them, Remarks at the ABA's Fifth ...
PALAU AN ACT To update criminal offenses contained in Title 17 of
... kind of conduct generally and the other to prohibit a specific instance of such conduct; or (5) The offense is defined as a continuing course of conduct and the defendant’s course of conduct was uninterrupted, unless the law provides that specific periods of conduct constitute separate offenses. (b) ...
... kind of conduct generally and the other to prohibit a specific instance of such conduct; or (5) The offense is defined as a continuing course of conduct and the defendant’s course of conduct was uninterrupted, unless the law provides that specific periods of conduct constitute separate offenses. (b) ...
staff draft tentative report - New Jersey Law Revision Commission
... average buyers have expectations about legal terms governing sales transactions. The exception for “express acceptance” virtually undoes the protection contained in the limitation. Section 2.11 of the Restatement (Second) of Contracts generally enforces standard form contracts except, “Where the oth ...
... average buyers have expectations about legal terms governing sales transactions. The exception for “express acceptance” virtually undoes the protection contained in the limitation. Section 2.11 of the Restatement (Second) of Contracts generally enforces standard form contracts except, “Where the oth ...
RTF format
... understandable language, is an example of a fairness mechanism which is not contained under the encompassing right to fair, just, and reasonable terms and conditions. This, then, makes it difficult for suppliers to understand the concept "fairness" in such a way that they are able to know whether a ...
... understandable language, is an example of a fairness mechanism which is not contained under the encompassing right to fair, just, and reasonable terms and conditions. This, then, makes it difficult for suppliers to understand the concept "fairness" in such a way that they are able to know whether a ...
20070620
... • Look at the terms of the agreement itself • If the terms show intention to create legal relationship Contract • If the terms do not provide a clear answer, the Court would look at all the surrounding circumstances • Surrounding circumstances include background of entering into the agreement, rel ...
... • Look at the terms of the agreement itself • If the terms show intention to create legal relationship Contract • If the terms do not provide a clear answer, the Court would look at all the surrounding circumstances • Surrounding circumstances include background of entering into the agreement, rel ...
Primary and Secondary Obligations
... The surety becomes liable contemporaneously with the principal, undertaking to pay his obligation, and the consideration which binds the principal is sufficient to bind the surety. If the surety is compelled to pay. he has the right, without any express agreement, to bring an action against the prin ...
... The surety becomes liable contemporaneously with the principal, undertaking to pay his obligation, and the consideration which binds the principal is sufficient to bind the surety. If the surety is compelled to pay. he has the right, without any express agreement, to bring an action against the prin ...
Sample Chapter Solved Scanner CA-CPT Paper-2
... communicated by an authorised person before the offer to lapses. All innocent promises collateral to the main illegal promise contained in a contract will be regarded as illegal. An offer must be communicated to the person to whom it is made. One can accept the offer only when be knows about it thus ...
... communicated by an authorised person before the offer to lapses. All innocent promises collateral to the main illegal promise contained in a contract will be regarded as illegal. An offer must be communicated to the person to whom it is made. One can accept the offer only when be knows about it thus ...
Business Law Now!: Exercises - Open University of Tanzania
... 6. The obligation to follow precedent encourages the exercise of judicial discretion and deterring bias, as well as protecting judges from professional criticism, thus encouraging the effective operation of the legal system. List of Disadvantages of Judicial Precedent 1. Precedent is resistant to ...
... 6. The obligation to follow precedent encourages the exercise of judicial discretion and deterring bias, as well as protecting judges from professional criticism, thus encouraging the effective operation of the legal system. List of Disadvantages of Judicial Precedent 1. Precedent is resistant to ...
Harm, Ambiguity, and the Regulation of Illegal Contracts
... plaintiffs, and others who can impose the collateral consequences. Contracts that are only arguably illegal and do not obviously impose harm are much more likely to be litigated than a drug deal gone wrong or a dispute over a murder hit.28 Compare these obviously illegal and harmful contracts to a c ...
... plaintiffs, and others who can impose the collateral consequences. Contracts that are only arguably illegal and do not obviously impose harm are much more likely to be litigated than a drug deal gone wrong or a dispute over a murder hit.28 Compare these obviously illegal and harmful contracts to a c ...
Contracts -Schooner – Fall 2011
... 2. But 79(e) says that judge may say there is fraud or misrepresentation, contract under duress? HAMER v. SIDWAY (uncle promises $5k for nephew not to drink/smoke until 21) Issue: Is the uncle’s promise supported by the consideration enough to create an enforceable consideration? Rule: Yes. If anoth ...
... 2. But 79(e) says that judge may say there is fraud or misrepresentation, contract under duress? HAMER v. SIDWAY (uncle promises $5k for nephew not to drink/smoke until 21) Issue: Is the uncle’s promise supported by the consideration enough to create an enforceable consideration? Rule: Yes. If anoth ...
Suire v. Lafayette City-Parish Consolidated Government and
... A. DetrimentalReliance at Common Law At common law, legal scholars essentially equate detrimental reliance with the concept of promissory estoppel, which prevents a party from reneging on a promise he has made. 27 The doctrine of detrimental reliance is an equitable remedy for the problem of what 25 ...
... A. DetrimentalReliance at Common Law At common law, legal scholars essentially equate detrimental reliance with the concept of promissory estoppel, which prevents a party from reneging on a promise he has made. 27 The doctrine of detrimental reliance is an equitable remedy for the problem of what 25 ...
An Illinois Choice: Fossil Law or an Action for Promissory Fraud?
... Michael J. Polelle* Fossil law, while it has historical interest, must not be allowed to outlive its utility. If synchronizing the law with the state of society is result-oriented, then the courts need to be result-orientedand should not hesitate to depart from a rule whose origin is obscure and who ...
... Michael J. Polelle* Fossil law, while it has historical interest, must not be allowed to outlive its utility. If synchronizing the law with the state of society is result-oriented, then the courts need to be result-orientedand should not hesitate to depart from a rule whose origin is obscure and who ...
Allen - NYU Law
... Apparent authority – reasonable from contact with the P to conclude that the A has authority. Equitable remedy provided to prevent unfairness to third parties. Holds even if the P has expressly limited A’s actions. If it is an ordinary transaction that the agent has repeatedly done in the past, it m ...
... Apparent authority – reasonable from contact with the P to conclude that the A has authority. Equitable remedy provided to prevent unfairness to third parties. Holds even if the P has expressly limited A’s actions. If it is an ordinary transaction that the agent has repeatedly done in the past, it m ...
Hey, But It`s My Money! Ownership And The Enforcement Of
... dominion over found instruments as potential defendants in an Article 3 conversion action.12 The second sentence specifically identifies takers of instruments, payor banks, depositary banks, and other collecting banks who engage in transactions with persons not entitled to enforce such instruments a ...
... dominion over found instruments as potential defendants in an Article 3 conversion action.12 The second sentence specifically identifies takers of instruments, payor banks, depositary banks, and other collecting banks who engage in transactions with persons not entitled to enforce such instruments a ...
The Waiver of Consequential Damages in the A201
... damages will only be available as compensation for a breach of contract if they were within the reasonable contemplation of both parties at the time they entered into the contract. ...
... damages will only be available as compensation for a breach of contract if they were within the reasonable contemplation of both parties at the time they entered into the contract. ...
“are we there yet?”: is there a contract, and what does it contain?
... The New Zealand courts have suggested that there is a natural inference that parties to agreements for sale and purchase of land, and commercial agreements generally, intend to contract by a document which each will be required to sign, and that the parties would expect their solicitors to handle th ...
... The New Zealand courts have suggested that there is a natural inference that parties to agreements for sale and purchase of land, and commercial agreements generally, intend to contract by a document which each will be required to sign, and that the parties would expect their solicitors to handle th ...
Consequential Damages for Commercial Loss
... The rule for recovery of contract damages was framed by the Hadley court as follows: Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered ...
... The rule for recovery of contract damages was framed by the Hadley court as follows: Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered ...
AGREEMENT
... AGREEMENT If you are told on the facts of the problem that there has been an agreement then just state there is one and move on. Only explore if there is some uncertainty OFFER “a clear statement of the terms by which the person making the offer is prepared to be bound’ A mere puff: a non-promissory ...
... AGREEMENT If you are told on the facts of the problem that there has been an agreement then just state there is one and move on. Only explore if there is some uncertainty OFFER “a clear statement of the terms by which the person making the offer is prepared to be bound’ A mere puff: a non-promissory ...
consumer law 2009 update
... warranty; “The deceptive act that plaintiffs allege here is that, without disclosing to Chun that the Extension could not be cancelled, BMW Manhattan placed the charge for the Extension on his service invoice, and acted as though such placement have BMW Manhattan a mechanic’s lien on the Car. Such a ...
... warranty; “The deceptive act that plaintiffs allege here is that, without disclosing to Chun that the Extension could not be cancelled, BMW Manhattan placed the charge for the Extension on his service invoice, and acted as though such placement have BMW Manhattan a mechanic’s lien on the Car. Such a ...
ASBO Agendas, Minutes, Conflict of Interest
... ANSWER: to receive a direct benefit from a contract between his/her school district and a third party, the person, the person's spouse, or any other person with whom the person lives and commingles assets --(1) must be a party to or intended beneficiary of the contract , or ...
... ANSWER: to receive a direct benefit from a contract between his/her school district and a third party, the person, the person's spouse, or any other person with whom the person lives and commingles assets --(1) must be a party to or intended beneficiary of the contract , or ...
Consideration - 2012 Book Archive
... fair terms.”Restatement (Second) of Contracts, Section 87(b). If, however, the option is for an unreasonably long period of time and the underlying bargain is unfair (the Restatement gives as an example a ten-year option permitting the optionee to take phosphate rock from a widow’s land at a per-ton ...
... fair terms.”Restatement (Second) of Contracts, Section 87(b). If, however, the option is for an unreasonably long period of time and the underlying bargain is unfair (the Restatement gives as an example a ten-year option permitting the optionee to take phosphate rock from a widow’s land at a per-ton ...
Limited Liability and the Corporation - Chicago Unbound
... ity means that the investors in the corporation are not liable for more than the amount they invest. A person who pays $100 for stock risks that $100, but no more. A person why buys a bond for $100 or sells goods to the firm for $100 on credit risks $100, but no more. The managers and the other work ...
... ity means that the investors in the corporation are not liable for more than the amount they invest. A person who pays $100 for stock risks that $100, but no more. A person why buys a bond for $100 or sells goods to the firm for $100 on credit risks $100, but no more. The managers and the other work ...
EMPLOYEE CODE OF CONDUCT 1. POLICY a) Strad Energy
... conditions of Strad’s Code of Business Conduct as well as its intent. ...
... conditions of Strad’s Code of Business Conduct as well as its intent. ...