What Does Accepted for Value Mean?
... UCC 1-201(44) generally says that a person gives value. He gives value to get rights. If one person is giving value, another person is asked to give rights in exchange. Both giving value and giving rights meet the element of consideration. The question has to be - What constitutes value? In today’s ...
... UCC 1-201(44) generally says that a person gives value. He gives value to get rights. If one person is giving value, another person is asked to give rights in exchange. Both giving value and giving rights meet the element of consideration. The question has to be - What constitutes value? In today’s ...
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 ...
Chapter 25 - North Carolina General Assembly
... obligation that results from the parties' agreement as determined by this Chapter as supplemented by any other applicable laws. "Creditor" includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trus ...
... obligation that results from the parties' agreement as determined by this Chapter as supplemented by any other applicable laws. "Creditor" includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trus ...
Corporations I - Phi Delta Phi
... beauty salon because although they met the first four requirements Fenwick maintained exclusive control over the business. So although there was profit sharing, Mrs. Chesire, the employee, had no control except to view the books. (a) Might have been influenced by politics because she would have been ...
... beauty salon because although they met the first four requirements Fenwick maintained exclusive control over the business. So although there was profit sharing, Mrs. Chesire, the employee, had no control except to view the books. (a) Might have been influenced by politics because she would have been ...
Graduated Consent in Contract and Tort Law: Toward A. Theory of
... theory of graduated consent suggests that we can maximize the justification of a constitution by reading it to maximize the consent of the governed. Meaning, among other things, that we should enforce a constitution as a court would enforce a standard form agreement drafted and offered on a take-it- ...
... theory of graduated consent suggests that we can maximize the justification of a constitution by reading it to maximize the consent of the governed. Meaning, among other things, that we should enforce a constitution as a court would enforce a standard form agreement drafted and offered on a take-it- ...
Rescission, Restitution, and the Principle of Fair Redress: A
... another critique is that the disaffirming buyer receives a windfall of expectation damages if he gets to both exit the contract and obtain the same payoff (except with a losing contract) as though the bargain had been fully performed.16 This legal trend, Brooks and Stremitzer contend, ironically “po ...
... another critique is that the disaffirming buyer receives a windfall of expectation damages if he gets to both exit the contract and obtain the same payoff (except with a losing contract) as though the bargain had been fully performed.16 This legal trend, Brooks and Stremitzer contend, ironically “po ...
Limited Liability and the Corporation - Chicago Unbound
... existence independent of these relations. The rule of limited liabilt Judge, United States Court of Appeals for the Seventh Circuit; Lee and Brena Freeman Professor of Law, University of Chicago. tt Professor of Law, University of Chicago. We thank Douglas G. Baird, Walter J. ...
... existence independent of these relations. The rule of limited liabilt Judge, United States Court of Appeals for the Seventh Circuit; Lee and Brena Freeman Professor of Law, University of Chicago. tt Professor of Law, University of Chicago. We thank Douglas G. Baird, Walter J. ...
Contract Theory and the Limits of Reason
... A case comes before you that involves two shareholders that have made a certain verbal agreement. The question is whether or not this agreement ought to be considered a valid contract. Some legal answers are possible, and you can think of several relevant legal precedents, but something about the ca ...
... A case comes before you that involves two shareholders that have made a certain verbal agreement. The question is whether or not this agreement ought to be considered a valid contract. Some legal answers are possible, and you can think of several relevant legal precedents, but something about the ca ...
Been - NYU School of Law
... Landlord’s Duty to Mitigate (DtM)........................................................................... 55 D. Leasehold Transfers (746) ................................................................................................... 57 IX. Entity Property: Common-Interest Communities, includ ...
... Landlord’s Duty to Mitigate (DtM)........................................................................... 55 D. Leasehold Transfers (746) ................................................................................................... 57 IX. Entity Property: Common-Interest Communities, includ ...
words - Nasdaq`s INTEL Solutions
... City Engineering. We specialize in providing engineering services tailored to the unique needs of municipalities. City engineering services range from staffing an entire engineering department to carrying out specific projects within a municipality, such as developing a pavement management program o ...
... City Engineering. We specialize in providing engineering services tailored to the unique needs of municipalities. City engineering services range from staffing an entire engineering department to carrying out specific projects within a municipality, such as developing a pavement management program o ...
Unconstitutional Land Development Conditions and the
... or other general purpose municipal corporation, as opposed to a development agreement where the land subject to the agreement is already a part of the municipal corporation. Otherwise, both the theory and the principal reasons for negotiating such agreements are, with one exception, the same. The la ...
... or other general purpose municipal corporation, as opposed to a development agreement where the land subject to the agreement is already a part of the municipal corporation. Otherwise, both the theory and the principal reasons for negotiating such agreements are, with one exception, the same. The la ...
sales and leases
... v. signed by the party to be charged (person who claims there is no contract) 1. any symbol WITH 2. present intent to authenticate UCC § 1-201(39) AND vi. listing the quantity (code cannot fill in the quantity term, so you must have it) 1. not exact quantity ...
... v. signed by the party to be charged (person who claims there is no contract) 1. any symbol WITH 2. present intent to authenticate UCC § 1-201(39) AND vi. listing the quantity (code cannot fill in the quantity term, so you must have it) 1. not exact quantity ...
Taxonomy of Licenses
... Most of those issues about bare licenses have never been addressed directly in a court so lawyers have no good way to predict how they will ultimately be answered. In the absence of a court decision interpreting bare open source copyright licenses, distributors of software under such licenses should ...
... Most of those issues about bare licenses have never been addressed directly in a court so lawyers have no good way to predict how they will ultimately be answered. In the absence of a court decision interpreting bare open source copyright licenses, distributors of software under such licenses should ...
Utmost Good Faith - Nigerian Law Guru
... even if the cedent innocently misrepresented a material fact. See Christiania Gen. Ins. Corp. of N.Y. v. Great American Ins. Co., 979 F.2d 268, 279 (2d Cir. 1992) ("whether the duty to disclose has been breached is not affected by whether the failure is intentional or inadvertent");Imperial Fire Ins ...
... even if the cedent innocently misrepresented a material fact. See Christiania Gen. Ins. Corp. of N.Y. v. Great American Ins. Co., 979 F.2d 268, 279 (2d Cir. 1992) ("whether the duty to disclose has been breached is not affected by whether the failure is intentional or inadvertent");Imperial Fire Ins ...
Real Estate - The Law Society of British Columbia
... aid to developing entry level competence, with the understanding that neither the contributors nor the Professional Legal Training Course are providing legal or other professional advice. Practice Material users must exercise their professional judgment about the accuracy, utility and applicability ...
... aid to developing entry level competence, with the understanding that neither the contributors nor the Professional Legal Training Course are providing legal or other professional advice. Practice Material users must exercise their professional judgment about the accuracy, utility and applicability ...
sale of goods. - Cengage Learning
... • Partial Performance: oral contract is enforceable IF payment has been made or goods have been accepted. • Admissions by breaching party. ...
... • Partial Performance: oral contract is enforceable IF payment has been made or goods have been accepted. • Admissions by breaching party. ...
What Constitutes a Joint Venture
... stock or joint account may provide a community of interest and still lack the element of association for a common venture. In the latter, the associates must agree to share profits and assume the risk of losses.3 In Usdan v. Rosenblatt, the court states: "It is not necessary to the existence of a jo ...
... stock or joint account may provide a community of interest and still lack the element of association for a common venture. In the latter, the associates must agree to share profits and assume the risk of losses.3 In Usdan v. Rosenblatt, the court states: "It is not necessary to the existence of a jo ...
The Agricultural Small Holdings Act
... rendered to the landlord, or any equivalent of rent given in kind or in labour to the landlord in return for the use and occupation of the holding : ...
... rendered to the landlord, or any equivalent of rent given in kind or in labour to the landlord in return for the use and occupation of the holding : ...
words - Nasdaq`s INTEL Solutions
... Commission on or before January 5, 1998 a registration statement covering such shares for resale by the holders. The CentreSoft stockholders have agreed, however, not to sell or otherwise dispose of any of the Common Stock received by them in the transaction until after the issuance by Activision of ...
... Commission on or before January 5, 1998 a registration statement covering such shares for resale by the holders. The CentreSoft stockholders have agreed, however, not to sell or otherwise dispose of any of the Common Stock received by them in the transaction until after the issuance by Activision of ...
Current Developments in Bankruptcy
... the assignee must attach a copy of the assignment and sufficient other information to evidence the assignee's ownership. In re King, 2009 WL 960766 (Bankr. E.D. Va. 2009)(claim may be disallowed if it contains no evidence of the ownership of the debt by the claimant); In re Gilbreath, 395 B.R. 356 ...
... the assignee must attach a copy of the assignment and sufficient other information to evidence the assignee's ownership. In re King, 2009 WL 960766 (Bankr. E.D. Va. 2009)(claim may be disallowed if it contains no evidence of the ownership of the debt by the claimant); In re Gilbreath, 395 B.R. 356 ...
Notice to Bidders [Forms]
... “Local Contracting Market” or “Contracting Market” means the geographic market area consisting of Cuyahoga County, Geauga County, Lake County, Lorain County, and Medina County, Ohio; provided, however, that with respect to growers or producers of food only, the geographic market area also shall incl ...
... “Local Contracting Market” or “Contracting Market” means the geographic market area consisting of Cuyahoga County, Geauga County, Lake County, Lorain County, and Medina County, Ohio; provided, however, that with respect to growers or producers of food only, the geographic market area also shall incl ...
CONSIDERATION DOCTRINE AND REGULATORY ARBITRAGE IN
... transfers we reviewed are the “sponsor” and “depositor” in the transaction, which are subsidiaries of the same investment bank. The sponsor is not claiming that it does not have to transfer the debt to the depositor. Instead, third parties (borrowers or parties with subsequently arising claims to th ...
... transfers we reviewed are the “sponsor” and “depositor” in the transaction, which are subsidiaries of the same investment bank. The sponsor is not claiming that it does not have to transfer the debt to the depositor. Instead, third parties (borrowers or parties with subsequently arising claims to th ...
Property Outline
... a. Traditional rule owner of original materials had title to finished product, unless product so different from original materials that essentially a new species had been created. Then maker had title. i. E.g. Haslem v. Lockwood: P raked manure into heaps in public street with intent to carry it a ...
... a. Traditional rule owner of original materials had title to finished product, unless product so different from original materials that essentially a new species had been created. Then maker had title. i. E.g. Haslem v. Lockwood: P raked manure into heaps in public street with intent to carry it a ...
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
... WHEREAS, concurrently with the execution of this Agreement, and as a condition to Buyer’s willingness to enter into this Agreement, each Specified Employee has executed and delivered an Offer Letter. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other g ...
... WHEREAS, concurrently with the execution of this Agreement, and as a condition to Buyer’s willingness to enter into this Agreement, each Specified Employee has executed and delivered an Offer Letter. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other g ...
Identifying and Keeping the Genie in the Bottle
... debtor or involuntarily by creditors. Generally, when a bankruptcy petition is filed a new entity - the "bankruptcy estate" - is created consisting of the debtor's property "wherever located and by whomever held. 2 The key to understanding what is in the bankruptcy estate depends upon what the Bankr ...
... debtor or involuntarily by creditors. Generally, when a bankruptcy petition is filed a new entity - the "bankruptcy estate" - is created consisting of the debtor's property "wherever located and by whomever held. 2 The key to understanding what is in the bankruptcy estate depends upon what the Bankr ...