9.2 Bilateral or Unilateral ContractG. S. Adams, Jr., vice presi.docx
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9.2 Bilateral or Unilateral Contract G. S. Adams, Jr., vice president of the Washington Bank & Trust Co., met with Bruce Bickham. An agreement was reached whereby Bickham agreed to do his personal and corporate banking business with the bank, and the bank agreed to loan Bickham money at 7.5 percent interest per annum. Bickham would have ten years to repay the loans. For the next two years, the bank made several loans to Bickham at 7.5 percent interest. Adams then resigned from the bank. The bank notified Bickham that general economic changes made it necessary to charge a higher rate of interest on both outstanding and new loans. Bickham sued the bank for breach of contract. Was the contract a bilateral or a unilateral contract? Does Bickham win? Bickham v. Washington Bank & Trust Company , 515 So.2d 457, Web 1987 La.App. Lexis 10442 (Court of Appeal of Louisiana) 10.2 Agreement Wilbert Heikkila listed eight parcels of real property for sale. David McLaughlin submitted written offers to purchase three of the parcels. Three printed purchase agreements were prepared and submitted to Heikkila, with three earnest-money checks from McLaughlin. Writing on the purchase agreements, Heikkila changed the price of one parcel from $145,000 to $150,000, the price of another parcel from $32,000 to $45,000, and the price of the third parcel from $175,000 to $179,000. Heikkila also changed the closing dates on all three of the properties, added a reservation of mineral rights to all three, and signed the purchase agreements. McLaughlin did not sign the purchase agreements to accept the changes before Heikkila withdrew his offer to sell. McLaughlin sued to compel specific performance of the purchase agreements under the terms of the agreements before Heikkila withdrew his offer. The court granted Heikkila’s motion to dismiss McLaughlin’s claim. McLaughlin appealed. Does a contract to convey real property exist between Heikkila and McLaughlin? McLaughlin v. Heikkila , 697 N.W.2d 231, Web 2005 Minn. App. Lexis 591 (Court of Appeals of Minnesota) .
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OPINION BY: LOEVINGER
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This document summarizes a court case from the District Court of Queensland regarding an appeal of a magistrate's decision to dismiss an application for leave to proceed with an action. The plaintiff had done building work for the defendants in 1997-98 but was unpaid. The court found that the plaintiff's explanation for the delay in the case was satisfactory. Additionally, the limitation period for the claim had not yet expired. Therefore, the court set aside the magistrate's decision to dismiss the application and granted the plaintiff leave to proceed with the action.
Cases on discharge of contract
This document summarizes cases related to the discharge of contracts through performance, agreement, breach, and frustration. It provides examples of when contracts can and cannot be discharged through each method. It also discusses the effects of a finding of frustration, such as allowing recovery of payments made prior to the frustrating event. The document is intended to serve as a reference for students studying contract law.
Ethics Presentation
The document discusses the solicitor-client relationship and the duties solicitors owe to their clients. It covers several key topics:
1. Solicitors' duties arise from contract, tort, statute and professional rules. They owe duties of care, confidentiality and to act in their clients' best interests.
2. Solicitors have actual and ostensible authority to represent clients. Actual authority can be express or implied, while ostensible authority depends on how the client presents the solicitor's role.
3. Case law has explored the scope of solicitors' duties. While they must competently perform the work they were retained for, cases disagree on whether there is a broader "penumbral duty
5. Consideration.pptx
marketing questions relevant to scholars, educators, managers, consumers, policy makers and other societal stakeholders. It is the premier outlet for substantive research in marketing. Since its founding in 1936, JM has played a significant role in shaping the content and boundaries of the marketing discipline?
Publisher Information
Sara Miller McCune founded SAGE Publishing in 1965 to support the dissemination of usable knowledge and educate a global community. SAGE is a leading international provider of innovative, high-quality content publishing more than 900 journals and over 800 new books each year, spanning a wide range of subject areas. A growing selection of library products includes archives, data, case studies and video. SAGE remains majority owned by our founder and after her lifetime will become owned by a charitable trust that secures the company’s continued independence. Principal offices are located in Los Angeles, London, New Delhi, Singapore, Washington DC and Melbourne. www.sagepublishing.com
Rights & Usage
This item is part of a JSTOR Collection.
For terms and use, please refer to our Terms and Conditions
Journal of Marketing
Attorney General v Johnson
This document summarizes a 1962 Kentucky Court of Appeals case regarding a request for a permit to operate a coin-operated laundry in a residential district that would require a variance from an existing nonconforming use. The court ruled that the prior nonconforming use of the property as a grocery store had been abandoned for over 5 years, so the right to the nonconforming use was lost. The acts of the property owners in ceasing grocery operations and the long period of non-use showed an intention to abandon the nonconforming use.
Mistake
The document discusses different types of mistake in contracts, including common mistake, unilateral mistake, and mistake as to identity. For common mistake, a contract may be void if there is a mistaken belief about a fundamental fact like the existence or quality of the subject matter. For unilateral mistake, the contract may be void if one party is aware of the other's mistake regarding a term. Mistake as to identity looks at whether parties intended to contract with each other or someone else. The remedies are different depending on whether the mistake renders the contract void at law or voidable in equity.
LLAW 110BRIEFSChoose one (1) case fr.docx
LLAW 110
BRIEFS
Choose one (1) case from the following list and write a brief on behalf of Plaintiff or Defendant.
Your grade will be based upon: (1) quality of writing and (2) quality of research (3) depth of analysis and legal reasoning. Please analyze your case carefully.
1. The developers of a luxury building entered into contracts with 41 prospective condo owners to sell each of them an apartment. Every contract stated that the buyer would be entitled to the return of the deposit if at least one sale didn't occur by September 1, 2008. The first sale took place on February 9, 2009. The prospective purchasers of the apartments are suing to recover their $16 million in security deposits. The developers claim that the documents contain a trivial error; that the date was intended to be September 1 2009.
2. Harry Smith, 84, hired a real estate brokerage firm to rent a studio apartment in his townhouse. Martin, 27, a broker, at the firm made him a proposition. "Why not rent it to me instead? The result was that Mr. Smith signed two handwritten leases on two studio apartments in his house with Martin and Martin's father for below market rates and for terms of up to 20 years. One apartment was rented for $1,167 a month and the other for $400.a month and they paid one year's rent in advance. The least expensive apartment in that area is $1950 a month. Now, Smith who needs the money, can't sell his house. "I am not a very good negotiator and I am not very good with numbers, "Mr. Smith said, "That was why I hired a broker to help rent the apartment." Smith is suing the brokerage firm and Martin. Martin was dismissed from the brokerage firm, but maintains that he did nothing wrong.
3. John Jones was working for a firm at which he had substantial benefits and would have been entitled to stock options. Then Robert Smith of XYZ Corp. offered Jones a position, promising him a large bonus if the company’s earnings exceeded $39.1 million within 3 years. Relying on that promise, Jones left his job and took the position at XYZ Corp. By the end of the 3rd year, projections indicated that XYZ’s earnings would exceed the required level. Jones left the company at the end of the 3rd year and later asked for his bonus. Robert Smith responded “no” stating that as Jones no longer worked for the company, he was not entitled to his bonus. Jones is suing, claiming that he is entitled to damages under the doctrine of promissory estoppel because he left a lucrative and secure position to take the job at XYZ Corp.
4. Matthew Lo ordered file cabinets from Triangle Manufacturing Company. The
contract stated that 50 file cabinets were to be delivered at $40 per cabinet in 5
equal installments. After delivery of 2 installments (20 cabinets,) Triangle
informed Matthew that it was losing money and would promise to deliver the
remaining cabinets only if Matthew would pay $50 per cabinet. Matthew agreed
and then refused to pay the additional amount. Triang ...
42 - Fink v LaSelva
This document summarizes a court memorandum regarding a motion for reconsideration in a case between Frederick Fink and Sylvia LaSelva. The court had previously ruled that Fink's claim against LaSelva for money received as trustee of a trust was barred by res judicata based on prior bankruptcy settlements. However, the bankruptcy court later found that the prior settlements did not resolve issues regarding the validity of an assignment of trust interests or LaSelva's entitlement to dividends received as trustee. Based on the bankruptcy court's comments, the court here allows reconsideration of its previous ruling, finding the bankruptcy court was in a better position to understand the scope of the prior litigation.
Divorce: Cancel that line of credit
This document summarizes a court case between First American Title Insurance Company, Winnebago County Title Company, and TCF Bank regarding a mortgage on a property owned by Patricia Bartholomew. TCF Bank held the first mortgage on the property as a revolving line of credit. Winnebago acted as an agent in a second mortgage taken out by Bartholomew. Winnebago paid off the TCF Bank mortgage but TCF did not release its lien. Bartholomew then took out more funds through the revolving credit and defaulted. The court found that TCF Bank was not legally required to release the lien until the revolving credit was cancelled by Bartholomew. However
Terms of the contract cases
This document discusses several cases related to terms of contracts. It covers issues like whether oral statements became implied terms, when written terms took precedence over prior representations, conditions versus warranties, and implied terms. For example, it discusses a case where a statement about a motorcycle's model year was not considered a contractual term since it was not included in the later written agreement. It also examines cases focused on determining when exact compliance with a term was a condition allowing termination versus a warranty only permitting damages.
Berry v. frank's auto body carstar [s.d. ohio]
This document is a memorandum opinion and order from a federal district court case involving claims of ERISA retaliation, failure to provide COBRA notification, and disability discrimination. The court considered cross motions for summary judgment from the plaintiffs and defendants. Regarding the motions to strike filed by both parties, the court found it could resolve the summary judgment motions without considering the contested evidence, so it denied the motions to strike as moot. On the ERISA retaliation and COBRA notification claims, the court found that the defendants were entitled to summary judgment. The disability discrimination claim was dismissed without prejudice. The court therefore granted summary judgment to the defendants on two counts and dismissed the third count.
Contracts statute of frauds
The document discusses the Statute of Frauds, which originated in 1677 England and requires that certain types of contracts be in writing and signed in order to be enforceable. These include contracts for the sale of land, contracts that cannot be completed within one year, collateral contracts, marriage agreements, and sales of goods over $500. The types of contracts covered, what constitutes a sufficient writing, and exceptions to the Statute of Frauds and Parol Evidence Rule are explained over the course of the document.
Lecture 2 cases on formation of a contract
The document discusses numerous cases related to the formation of contracts, specifically focusing on offer, acceptance, and termination of offers. Regarding offers, cases establish that displaying goods does not constitute an offer, advertisements are generally invitations to treat rather than offers, and bids can be withdrawn before acceptance. Regarding acceptance, cases show that counteroffers reject original offers, silence does not imply acceptance, and conduct can indicate acceptance. Regarding termination, cases demonstrate that offers can be revoked before acceptance.
OH 7th District Court of Appeals Decision in Hupp v. Beck Energy Corp
The Seventh District Court of Appeals in Ohio overturned a lower court ruling and ruled in favor of Beck Energy Corp and XTO Energy, a major victory for the drillers and major defeat for the landowners in Monroe and Belmont counties who say their land never got drilled and they wanted to re-sign with another company.
Intention to create legal relations
Even in the presence of offer, acceptance and consideration there must be evidence of an intention to
create legal relations between the parties in order to make the resulting contract enforceable.
Whether or not there is an intention to create legal relations is determined by the courts and the courts
use the circumstances and nature of the contract to determine this
Miles v. deutsche bank national trust company | find law
This document summarizes a court case involving allegations of wrongful foreclosure. It discusses the plaintiff's claims that the loan servicer engaged in fraudulent behavior during loan modification negotiations, including changing the terms of agreements and demanding unnecessary fees. The court found that the plaintiff had adequately stated claims for breach of contract, fraud, and misrepresentation. It reversed the lower court's dismissal of these claims and the granting of summary judgment on the wrongful foreclosure claim, finding factual disputes remained. The court concluded the plaintiff may be entitled to damages beyond just the lost property value if the foreclosure was wrongful.
Evidence Inferences & Presumptions InferencesEvidence .docx
Evidence > Inferences & Presumptions > Inferences
Evidence > Relevance > Circumstantial & Direct Evidence
[HN10] Circumstantial evidence may support the inference of an agreement to forbear. However, such an inference must rest upon
something more than the mere failure to institute immediate suit.
HEADNOTES
Landlord and tenant -- rent -- liability of person in possession -- effect of statute.
1. M.S.A. 504.04 creates no new liability but makes divisible and apportionable a common-law liability for rent of persons in
possession of land.
Landlord and tenant -- rent -- liability of assignee in possession -- basis.
2. An assignee in possession of leased premises is liable for rent by privity of estate rather than contract.
Landlord and tenant -- rent -- liability of person in possession -- what is "possession."
3. Possession is used to mean both actual and constructive possession. Actual possession is substantially the same as actual occupancy.
Constructive possession is the legal right to possession without actual possession.
Landlord and tenant -- rent -- liability [***2] of assignee of right to receive rents.
4. Mere assignment as security for a debt of right to receive rents from sublessee is neither an assignment of lease nor possession of
leased premises.
Contracts -- what constitutes.
5. Only a promise supported by consideration constitutes a contract. Consideration requires voluntary assumption of obligation by one
party upon condition of act or forbearance by other.
Contracts -- what constitutes -- consideration -- essentials.
6. Consideration must be something adopted and regarded by parties as such.
Contracts -- agreement to forbear suit -- proof -- failure to institute immediate suit.
7. Mere failure to institute immediate suit does not support inference of agreement to forbear suit. Where defendant assured plaintiff
payment of rents but there is no evidence that plaintiff deferred legal action any longer than suited his own personal convenience, there
is no consideration for defendant's promise and no contract.
COUNSEL: Bowen, Bowen, Preus & Farrell, for appellants.
Loring M. Staples and Faegre & Benson, for respondent.
JUDGES: Loevinger, Justice.
OPINION BY: LOEVINGER
OPINION
[*534] [**662] [***3] This is an action for rents which defendant is claimed to owe plaintiff 1 because of possession and contract.
1 The action was brought in the name of plaintiff and his spouse but for all practical purposes was treated as though there was only one plaintiff.
Baehr v. Pen-O-Tex Oil
Plaintiff leased certain gasoline filling stations to one Kemp, doing business as Webb Oil Company, under written leases. Kemp was
purchasing the business known as Webb Oil Company and certain related property from defendant. On account of these transactions
and purchases of petroleum products, Kemp was heavily indebted [**663] to defendant. Kemp became unable to meet payments due
to defendant and on December 10, 1955, gave ...
Similar to 9.2 Bilateral or Unilateral ContractG. S. Adams, Jr., vice presi.docx (20)
Messenger & Anor v Stanaway Real Estate Limited & Ors
Messenger & Anor v Stanaway Real Estate Limited & Ors
OH 7th District Court of Appeals Decision in Hupp v. Beck Energy Corp
OH 7th District Court of Appeals Decision in Hupp v. Beck Energy Corp
Miles v. deutsche bank national trust company | find law
Miles v. deutsche bank national trust company | find law
Evidence Inferences & Presumptions InferencesEvidence .docx
Evidence Inferences & Presumptions InferencesEvidence .docx
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Link for the essay: http://www.randolphbourne.columbia.edu/the_handicapped.pdf
Thank you!
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A realtor would like to develop a regression model to help it set weekly rental rates for beach properties during the summer season in a certain region. The independent variables for this model are the number of bedrooms a property
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A proposal of 2 - 3 pages regarding your
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Topic is identified.
Thesis statement is included
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Quality proposals will
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The highest points are conferred for originality, the locating and detailing of controversies, and for nuanced papers that sensitively explore their topic.
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Proposal
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Maximum
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Introduction
With Thesis
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List of References Page
3-5 different resources listed in APA format
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Tone
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Sentences add interest and flow to text.
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A Nurse’s Role in the Systems Development Life Cycle
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Learning Objectives
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Photo Credit: Jose Luis Pelaez Inc]/[Brand X Pictures]/Getty ImagesCredit
Learning Resources
Note:
To access this week’s required library resources, please click on the link to the Course Readings List, found in the Course Materials section of your Syllabus.
Required Readings
McGonigle, D., & Mastrian, K. G. (2015).
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Chapter 10, “Systems Development Life Cycle: Nursing Informatics and Organizational Decision Making”
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Chapter 11, “Administrative Information Systems”
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Consulting Psychology Journal: Practice and Research, 63
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a PowerPoint presentation consisting of 7 slides to complete this week’s assignment:
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Kite Runner
Best Exotic Marigold hotel
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A new IQ test is being developed and the test creators need to give this IQ test to 1,000 individuals in order to get appropriate standardization norms. They decide to give the test to all of the students, primarily Caucasian adolescents between the ages of 11 and 14, in a middle school in North Dakota. This is an example of:
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A new University library will open next month at NYU. The $100 million building is an eight story wonder of glass and steel designed by world renowned architect Frank Ghery. The library has over 100 art works and the latest digital application features including a media lab. The library also has an open concept lobby complete with food stations and seating areas for the public. The building also has the latest in sustainable smart building technology.
Green building
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sustainable building
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[1]
In other words, green building design involves finding the balance between homebuilding and the sustainable environment
Write a media advisory for the official opening of the building. Second write a press release announcing the new library that will be released on the day of the opening and thirdly write a pitch letter to the media encouraging them to do a feature story about the library in advance of the opening. Be sure to identify the reporter and outlet you wish to pitch to.
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A molecule of DNA (deoxyribonucleic acid) is
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µ
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1.02
%
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A minimum of 5 pages of text, not including the title page, bibliography, appendices, or illustrations.
Include references.
Paper to include 4 sections (included in attachment) for a overview
Scholarly articles are those listed in the Social Science Index, Criminal Justice Periodical Index, Criminal Justice Abstracts, and Sociological Abstracts.
Research paper should follow APA format.
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As you explore the different methods used to deal with MCIs, as well as the different governmental agencies that may be involved, consider the following:
Assignment Guidelines
In 6-7 paragraphs, address the following:
What federal and state agencies are required to deal with an MCI resulting from a terrorist attack? Why?
How do you distinguish between federal and state authorities for both operational and management functions? Explain.
How do you ensure a fusion of effort between federal and state authorities? Explain.
MCIs resulting from terrorist attacks are considered the purview of law enforcement. This creates a challenge during multijurisdictional MCIs. During MCIs resulting from domestic terrorism, such as the 1995 Oklahoma City bombing, what law enforcement agency should have primary jurisdiction? Why?
How should federal law enforcement engage state and local law enforcement for support? Why?
Treating long-term physical and mental health effects following any MCI can prove costly to state governments. How should the federal government work with states to ensure that proper medical and mental health is provided? Explain.
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A hot t, tropical grassland with scattered trees is aSavannaTun.docx
A hot t, tropical grassland with scattered trees is a:
Savanna
Tundra
Boreal forest
Desert
Permafrost is a defining characteristic of which biome?:
Steppe
Desert
Taiga
Tundra
The dominant plant type in temperate forest is:
Forbs
Coniferous trees
Deciduous trees
Succulents
The chaparral biome can be found in:
California
Australia
All answers are correct
The Mediterranean
Trees in the Boreal forest are adapted to conserve:
Carbon
Phosphorus
Nitrogen
Magnesium
What is an endemic species?
A species native to only one area
A species dying from an unknown disease
A robust group of organisms that dominate an ecosystem
A broad group of pollinating insects
Which of the following is a driver of species creation?
Climatic stability
All answers are drivers
Temporal stability
Habitat heterogeneity
Pollinator ecosystem services are provided by which organism?
Birds
All are pollinators
Bees
Bat
Why have scientists, farmers and politicians stored the world’s seed heritage on a remote island in the Arctic?
Consistent temperatures and humidity for seed survival.
If the facility’s climate control fails, the seeds will only freeze.
All of these answers are correct.
Polar bears and remoteness are great deterrents for terrorists.
Scientists consider which of the following an important aspect of “biodiversity”?
Ecosystems
Genes
Species
All are important
What percentage of the timber imported by the United States is potentially illegally harvested?
75%
50%
1%
10%
What is the present day extinction rate?
About 10 times faster than the background rate
About 100 times faster than the background rate
About equal to the background rate
About 1000 times faster than the background rate
What percentage of river lengths in the United States have been modified through damming and bank modification?
50%
20%
90%
10%
Which of the following statements is TRUE about extinction?
Extinction occurs when speciation rates increase dramatically
The only large extinction event was 65 million years ago when the dinosaurs were killed.
Extinction of more than half of the existing species on the planet has occurred roughly five times
Plants, but not animals, have been known to recover from extinction
Which of the following threats has had a large impact on biodiversity?
Overharvesting
All three are correct
Exotic species
Habitat loss
When an invasive species is introduced, what is the potential consequence of that introduction?
Increased predation on some native species
All of the listed consequences can occur
Extinction of economically important species
Reduced predation on some native species
The relationship between the populations of wild lynx and snowshoe hare is an example of what ecological interaction?
Birth rates dynamics
Nutrient cycling
Territorial dominance
Predator-prey interactions
Energy is _________ as you move up the trophic levels.
Lost
Gained
Created
Conserved
Where one species benefits from prolonged interaction with another species, while the.
A good interviewer uses interview methodologies and techniques that .docx
A good interviewer uses interview methodologies and techniques that not only help him or her build rapport with the interviewee but also drive the interview in a favorable direction. This assignment tests your understanding of various interview methodologies. It also focuses on the components of statement analysis—an important skill that helps detect deceit in an interviewee's statements.
Tasks:
Using the Argosy University online library resources, prepare a 4- to 5-slide, APA-formatted Microsoft PowerPoint presentation that includes responses to Part 1 and Part 2.
Part 1
Use scholarly sources to compare any two of the following interviewing methodologies:
Structural interviews
Inferential interviews
Behavioral interviews
Cognitive interviews
Clearly define each methodology chosen and examine in what situations it may be appropriate.
Part 2
Explore the components of statement analysis—a complex skill that can help you determine the level of deception in a witness's or a suspect's statement. Identifying deception leads one to dig deeper, investigate further, and ask more, often difficult, direct questions.
Instructions
Consider the following example of a statement and its component:
Statement
Statement Component
"Decided to go for a walk. Got out there. Umm . . . stood for a few moments and received a page from home. Something was going on at home. Let's go back and make a phone call and see what's going on.
Parts of speech, specifically missing pronouns
Analyze the following statements and identify as many applicable components of statement analysis as you can attribute to the deception:
"Got approached by a gentleman asking for money. When I addressed him, I was struck in the rear and knocked to the ground. Struggled with him. There was a shot that went off. Struggled with him, and there was another shot that went off. That was the shot that hit me."
"On July 4, 2011, at about 4:00 p.m., came home from work and took a shower. Was getting ready to head out to some friends' barbeque and party. My friends Jerry and Paul were having some people over for the Fourth of July. Sat down for a few minutes to watch television and relax. Had two beers until about 5:30 p.m.
"Put my feet up on the table when the doorbell rang. It was an ex-girlfriend, Sally. She sat down with me for a few minutes. They wanted to tell me about their new boyfriend. I wasn't so happy about it; I didn't really want to break up with her. I watched the race and argued some, and she left, at six or so.
"At about 7:00 p.m. drove to my friends' place. They live in the country and it took me an hour to get there, arrived at eight or so. When we got to the party, there were about ten or twelve people there; they were pretty wasted already, and they were drinking most of the day. Sat down outside and had a few shots and several beers. It was hot, so I went inside, and I watched television to cool off. Drank about two more beers and talked with two girls that were friends of Jerry; th.
A major MNE has incredible knowledge resources but they often underu.docx
A major MNE has incredible knowledge resources but they often underutilized. The Reason: often the knowledge that is needed within one part of the organization exists within that organization but normally there is no system by which those who need info can identiy and obtain that info from those who have it.
Write a paper on moving a corporate headquarter overseas.
ADDRESS THE FOLLOWING IN THE PAPER
What are the drawbacks and benefits associated with moving a business unit and corporate HQ to another country?
If you were a CEO or a business unit head, under what conditions would you consider moving HQ?
If you were a government official in th MNE's home country, what can you do to discourage such moves of multinational HQ out of the country?
The requirements below must be met:
Write between 750 - 1250 words (approx 3 - 5 pages) using Microsoft Word in APA Style.
Include cover and reference pages
Use at least three references
Cite all reference material (data, dates, graphs, quotes, paraphrased words, values, etc) in the paper.
References must come from sources such as, CNN, online newspapers such as, The Wall Street Journal, govt websites, etc. Sources such as Wikis, Yahoo Answers, eHow, blogs, etc are not acceptable.
.
A lack of awareness of cultural differences or the assumption by one.docx
A lack of awareness of cultural differences or the assumption by one cultural group that another is inferior often results in painful personal and social encounters. Apply this
thesis
to discuss how this lack of awareness affects the relationships of the characters in Glaspell's
Trifles
. Be sure to quote, cite, and reference from the text using appropriate APA format. Your post must be at least 250 words
.
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