Derby Vs. Derby Case Summary

Derby Vs. Derby Case Summary
INTRODUCTION The enforcement of the contract against the Smiths is unconscionable because the contract between the Smiths and Star
Rent–to–Own involves gross disparity and overreaching/oppressive influences. Star has taken an unfair advantage of the Smith's dependence, economic
distress, and inexperience. During the execution of the contract, not all information was presented to the defendants and this played a major role in
convincing them to enter into the contract. This brief is filed in support of the defendants Alex and Sandra Smith, showing the contract to be
unconscionable. STATEMENT OF FACTS In June 2016, Alex and Sandra Smith after returning from a shopping trip, they found their Chester freezer
(freezer) had stopped working. They... Show more content on Helpwriting.net ...
The plaintiff, during the signing of the contract, acted in a fraudulent manner. He took advantage of the defendant's excitement to offer the product at
exorbitant amounts. He did not clearly explain to them what the terms they had agreed to implied. Courts have not shied away from invalidating
contracts when it becomes apparent that one party benefitted unfairly at the end of the stipulated term. This position was held in the case of Derby v.
Derby. In this case, the court argued that Mrs. Derby had used fraudulent means to ensure that Mr. Derby signed the legal documents that conveyed the
property to her. Mrs. Derby had failed to explain to Mr. Derby what the documents represented, and their effect. Also, Mr. Derby had acted on
misinformed belief that Mrs. Derby would return home if he (Mr. Derby signed the documents. The court ruled for Mr. Derby. This is a similar
situation that the defendants, in this case, find them in. The plaintiff, while presenting the contract to them to sign, failed to explain to them the effect
(Roos, 2012). Because the effect brought about gross disparity, the contract qualifies to be termed as being
... Get more on HelpWriting.net ...

Definition Of Civil Law
Every profession, including the legal field; has its own language or specific terms define procedures, actions and outcomes. Therefore, in order to gain
understanding it is highly recommended that the pro se' litigant become familiar with these terms. Although, other resources about legal terms are
provided in this teaching; the focus is on civil cases. Therefore, review all the resources included, but we recommend that the student focus on the terms
listed on this page. After–Acquired Evidence: Is a tactic that former employers and their lawyers use to try and avoid paying the Plaintiff back wages
that they owe. The employer will search in employee's past work history to try and find issues of negative conduct or a negative reason... Show more
content on Helpwriting.net ...
Attorney–client privilege: A legal privilege that works to keep communications and work–product documents prepared for litigation secret between an
attorney and his or her client. The Attorneys can't claim work product and attorney–client privilege protection for documents prepared in the ordinary
course of business by the company or employer. (Ex: company records, employee records, and files) Diversified Industries, Inc. v. Meredith, 572 F.2d
596, 604 (8th Cir. 1977). An attorney–client privilege only protects the conversation between her and the client and the work he produced for the trial;
not documents prepared by the employer or company in the ordinary course of business. See work–product doctrine Argument: To reason, rebut or to
prove a point or with written or verbal proof. Attestation: Signing a legal document as a witness, affirming that the information is given or stated is
true. Bad Faith: To enter into any transaction with the intent to deceive or mislead to gain the advantage or win. Bifurcation: The division of a trial
into two phases; liability and a penalty phase. Black Letter Law: Also known as Black's Law is established, well–known principles of laws that are not
doubted or disputed. Bona fide: In good faith without known defects. Brief: Is a compilation of documents stating the facts of a case in chronological
order along with relevant

People V. Rower Case Summary
WAYNE F. CROWE, JR., an attorney duly licensed to practice law before the Courts of the State of New York, affirms under the penalties of perjury
that the following statements are true and accurate: 1.I am the attorney for the Petitioner in the above–referenced special proceeding, wherein Petitioner
seeks an Order of Protection against his brother in law, Respondent Joza. 2.The Respondent has moved herein for an order pursuant to CPLR
В§3211(a)(7) dismissing the Petitioner's family offense petition and requests that this Court vacate the Temporary Order of Protection issued in
conjunction therewith. For the reasons that follow, the Respondent's motion must be dismissed. 3.In essence, Respondent is seeking amplification of
the pleadings,... Show more content on Helpwriting.net ...
The facts as taken as true and all reasonable inferences that flow therefrom establish that a course of conduct was taken by Respondent against
Petitioner. 9.In People v Pugash, 179 Misc2d 819 (S. Ct. Appellate Term, 2d Dept 1999) the Court held that three telephone calls from the defendant
to the victim was sufficient to establish a course of conduct as required by Penal Law В§ 240.26. 10.Case law suggests that an isolated incident is
insufficient to make a prima facie showing of harassment, but does not establish a bright line rule about the quantity of incidents that constitute a
course of conduct. In this case, the petition alleges several text messages and fully describes at least two of them. This is sufficient to establish a
course of conduct. 11.For an intentional crime, the perpetrator must engage in conduct with the conscious objective and purpose of causing a particular
unlawful result. People v Atkinson, 21 AD3d 145 (2d Dept 2005). Intent for the purposes of statutory requirements under the Penal Law can be
inferred from the act itself or from the defendant's [Respondent's] conduct and the surrounding circumstances. People v Bracey, 41 NY2d 296 (1977).
More importantly, "t]he question of whether [respondent] acted with the requisite intent to harass, annoy, or alarm the complainant is an issue to be
determined at trial. People v Grimaldi, 49 Misc 3d 1204(A) [Crim Ct

Elements Of Contracts Act 1950
Introduction In Malaysia, all contracts formed are bounded and enforced by the Contracts act 1950. The conditions stated in all contracts must be
certain and definite. This is crucial to every contract formed because it would be biased for a court to determine the performance of a contract
based on the ambiguity or error of the contract. There are six elements that must be present when forming a contract, being; Offer, Acceptance,
Consideration, Intention to create legal relations, Capacity to contract, and Certainty. For this assignment, let's focus on the capacity to contract and
critically discuss of the fairness of this element of Contracts act 1950. In a very general term, everybody has the capacity to contract. Section 11 of
the Contracts Act 1950 states that "Every person is competent to contract, who is of age of majority according to the law which he is subject , and
who is of sound mind, and is not disqualified from contracting by any law to which he is subject"(Section 11 of Malaysian Contracts Act, 1950). It
basically derives to mean that any person who intends to enter into a contract must have the capacity in terms of a sound mind, age and not
disqualified by law. This assignment will further discuss various factors that affect the capacity of a person to enter and enforce a contract.... Show more
Inman [1908] 2 KB 1, the plaintiff who is a tailor enter into a contract to supply the defendant who is an undergraduate student with, amongst other
necessities, 11 luxurious waistcoats. The defendant who was a minor already has enough supplies of clothes supplied by his father. When the plaintiff
claimed for reimbursements for these clothes, the defendant sought to rely on lack of capacity to contract and refused to pay. The courts ruled that
though the clothes were suitable to the defendant's life, they were not considered a necessary as the defendant already had sufficient clothing. Hence,
the defendant is liable to reimburse for the

Progressive Casualty Insurance Case Summary
Please allow this correspondence to supplement our initial coverage analysis concerning this claim. The Progressive Casualty Insurance Company
("Progressive") had previously requested our legal analysis, and has specifically asked whether it has a duty to defend Tristate Trucking, LLC
("Tristate" or the "insured") in litigation filed in the Superior Court of New Jersey Law Division Monmouth County, No. MON–L–3550–16 (the
"lawsuit"), and whether Progressive may be liable to, Mylesa Walton, Michael Peavy, or Nazir Peavy (collectively the "Plaintiffs") in the event of an
adverse judgment. For reasons more fully articulated in our correspondence dated February 21, 2017, it is our opinion that Progressive has no duty to
defend Tristate, but that... Show more content on Helpwriting.net ...
See Dixon v. Spencer, 59 Md. 246, 247–48 (1883). The surety, however, becomes subrogated to the rights of the obligee when the surety pays the
debt for the principal obligor. See Weast v. Arnold, 299 Md. 540, 553, 474 A.2d 904, 911 (1984). With respect to notice of default, the surety is
ordinarily held to know every default of his principal because he is under a duty to make inquiry and ascertain whether the principal obligor is
discharging the obligation resting on him. See L. Simpson, supra, В§ 41, at 165 ("[I]t is generally not necessary for the creditor to notify the surety
of the fact that the principal debtor is in default on his promise. It is the duty of the surety to the creditor to see that the debt is paid."). Consequently,
the surety is ordinarily liable without notice. Gen. Motors Acceptance Corp. v. Daniels, 303 Md. 254, 259–60 (1985) (emphasis added). Accordingly, in
the event that an adverse final judgment is obtained against Tristate, Progressive will be liable to the Plaintiffs to the same extent that Tristate is liable
to the Plaintiffs for the entire amount of the judgment. The Plaintiffs may elect the entity from whom they wish to collect that judgment without first
exhausting Tristate's assets. If, however, the Plaintiffs elect to collect from Progressive, then, Progressive could seek indemnification from Tristate (and
its other insurers)

Examples Of Court Cases
1.A defendant ran through a stop sign while driving an automobile and convincingly showed he had done so unintentionally. Should the court have
acquitted him? (free from a criminal charge by a verdict of not guilty.) The court should not acquit the defendant because he did run through a stop
sign, which is considered a mala prohibita offense. These offenses were created to protect the health, safety, or welfare of society by lawmakers.
Therefore, "violations of most traffic regulations and motor vehicle laws also are considered mala prohibita; running a red light, speeding, passing
improperly, and others are violations enacted for the safety, health, and well–being of the community" (Chamelin & Thomas, 2012, p. 59).Thus, the
court should... Show more content on Helpwriting.net ...
To first understand why she would be label under this mental state, the term of negligence must be defined. Negligence is the "state of mind that
accompanies an injury or harm proximately caused by breach of standard of care owed by one person to another. There are four elements of
negligence: standard of care, breach of that standard, proximate cause, and harm or injury produced. The severity of the breach distinguishes
criminal from civil negligence" " (Chamelin & Thomas, 2012, p. 61). Therefore, in the case of Barbara, she owed her children a duty to not
infringe their welfare or safety through the first element of negligence known as standard of care. This element considers when one person harms
another then the ideal of duty also comes into play if it satisfies the element or not and whether or not the duty can be fixed by statutory or common
law. The textbook points out that one such duty is the parent's duty to the child. Hence, as there mother, it was Barbara's legal responsibility to
refrain from acting in a dangerous way to her children, such as leaving an eight year old and a two and half year old to defend for themselves for 2 to 3
hours while she was out having a "good

Case Study Strauder V Allsright Essay
Personal Property Case Study
The case study "Parking Lot's Liability" is an actual court case, Allright, Inc. v. Strauder. Plaintiff brought suit alleging that as a result of defendant's
negligence, his automobile was stolen from a parking lot operated by defendant. Signs were located throughout the parking lot which stated that the
lot closed at 6 o'clock p.m. and that anyone returning after that time could pick up their keys at another parking lot operated by the defendant at a
another location. He was aware of the time when he left the car at the station and that the signs and the claim ticket said the lot closed at 6 o'clock. So
indeed a bailment was created. The definition of bailment is a transaction in which an owner ... Show more content on Helpwriting.net ...
Once the purpose of the bailment has been completed, the bailee usually must return the property to the bailor, or account for it, depending upon the
terms of the contract. Legal liability usually takes the form of monetary damages to compensate for the breach of the legal duty. A requisite to the
creation of a bailment is the express or implied acceptance of possession or control over the property by the bailee. A person cannot unwittingly
become a bailee. Because a bailment is a contract, knowledge and acceptance of its terms are essential to its enforcement. (Cheeseman, 2010) Had
the parking garage been closed when the plaintiff left his car, there would be no bailment created. Lost, mislaid, and abandoned property is
categories of the common law of property which deals with personal property which has left the possession of its rightful owner without having
entered the possession of another person. Property can be considered lost, mislaid or abandoned. Property is generally deemed to have been lost if
it is found in a place where the true owner likely did not intend to set it down, and where it is not likely to be found by the true owner. Property has
been mislaid or misplaced if it is found in a place where the true owner likely did intend to set it, but then simply forgot. If property has been
abandoned, it is found in a place where the owner likely intended to leave it, but is in such a condition that

Legal Counsel For Arrows Should File A Pre Answer Motion
Legal counsel for Arrows should file a pre–answer motion to dismiss Under Rule 12(b) of the Federal Rules of Civil Procedure, for a lack of general
and specific personal jurisdiction over the corporation. Personal Jurisdiction is the power of the Court to bind the defendant to any judgment the court
renders against the defendant. For a court to have personal jurisdiction over a corporation, the plaintiff must show that the corporation is at–home in the
forum state, that is, the corporation is incorporated within the forum state, or its principle place of business is within the forum state. If the corporation
does not meet the at– home–state test, the court will look at two alternatives. 1) Whether the corporation has an agent doing ... Show more content on
Helpwriting.net ...
Diversity exists in cases where no plaintiff is from the same state as any defendant, and the amount of the claim is sure to exceed $75,000. In
removal cases, no defendant can be a citizen of the state in which the action is pending. Here, Arrows is incorporated in Delaware, and its principle
place of business is in Texas. Whereas, Rast is domiciled in Massachusetts and the action filed against Arrows Corporation is for $100,000. Here,
the plaintiff and defendant are from different states and the money sought is likely to exceed $75,000. Massachusetts Federal Court would have
original subject matter jurisdiction over this case based on diversity of the parties. Therefore, Counsel should file a motion to remove the case from
state court to federal court because. Legal counsel should file a motion for improper venue arguing that Massachusetts is not the proper venue for
this case to be heard. Venue refers to the proper judicial district in which to bring an action. It is based on where a substantial part of the events given
rise to the cause of action occurred, or where the defendant may be found. Here, the contract between Arrows and Rast that gave rise to the current
dispute was signed in Texas. Likewise, the defendant Arrows is located in Texas along with any potential

Misunderstood Legal Terms
People often use legal terms they don't understand. That's why accident injury attorney Terrence J. Salerno, founder of The Law Offices of Terrence J.
Salerno, in Omaha, NE, explains what these terms mean. Here's how to use these three misunderstood legal terms correctly. Tort, Not Torte: A tort is a
civil wrong, and if someone commits one that injures you, you can sue for money damages. Intentional torts include fraud or invasion of privacy, while
negligent torts include medical malpractice and car accidents resulting in personal injury or wrongful death. You need an accident injury attorney for a
tort. On the other hand, you need a fork for a torte, which is a delicious chocolate–iced cake. Statute, Not Statue: A statute is a law passed

Ultra Vires Essay
6.Ultra Vires Lending.
7.Ultra Vires Torts.
INJUNCTIONS
In the first place, that the members are entitled to hold a registered company to its registered objects has been recognized long since. Hence
whenever an ultra vires act has been or is about to be undertaken, any member of the company can get an injunction to restrain it from proceeding
with it. In this case the House of Lords observed that the doctrine of ultra vires, as it was explained in the Ashbury's case, should be maintained. But it
ought to be reasonably and not unreasonably understood and applied and that whatever may fairly be regarded as incidental to the objects authorized
ought not to be held ultra vires, unless it is expressly prohibited.
Accordingly in London County Council V Attorney General , the council having statutory power to work tramways was restrained from running
omnibus in connection with tramways. The court found that the omnibus business was in no way incidental to the business of working tramways, and
therefore, could not be undertaken although it might have materially contributed to the ... Show more content on Helpwriting.net ...
To put it in other words, that ultra vires contract is void and without any legal effect, which may cause hardship to innocent persons who are unaware
with the capacity of the company to enter in to such contract. The observation made in the historical example of the famous case of Ashbury Railway
Carriage & Iron Co. V Riche , concluded that an ultra vires contract being void– abinitio which cannot become intra vires by reason of estoppels, lapse
of time, delay or acquiescence.
The incapacity of the company to make contract sometimes caused great injustice and hardships to the person who had no knowledge of such
incapacity of the company. For example, in Beauforte (Jon) London, Ltd.
The company, Jon Beauforte Ltd., was authorized by its memorandum of association to carry on

Legal Terms Of Contract Law
Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain
the law. Terms of the contract Terms are the things that make up the contract. They are the actions and inactions that the parties agree upon with
each other. Without the terms there is no contract. They are divided into a few parts, there is express terms and implied terms. Express terms are
terms which are stated and made clear to both parties. They can be spoken and written but the expression and agreement of them is what makes the
expressed terms. For instance, my phone company are offering me unlimited minutes, this is an expressed term of the contract since it is
communicate to me (through words). Implied terms are terms that are assumed and expected to be carried out. They do not have to be communicated
since it would be reasonable to assume that both parties are aware of them. To put this into context let's take the example of the man at the restaurant.
He orders his meal, eats his meal and then walks out the restaurant instead of paying at the end. He claims he was never asked to pay, so he doesn't
need to. He is in the wrong since it is an implied term that after a meal the customer must pay the restaurant for their order. If he walks out without
paying he is breaching the contract and breaking the law. The restaurant are entitled to sue for damages and use the law against the customer.
Conditions and warranties

Essay On B's Equitable Interest
Introduction
This essay will start by considering B's position – how the Law of Property Act 1925 and Land Registration Act 2002 affect her interest in Y in
relation to D's interest. It will then move on to consider C's position in a similar fashion. Finally, it will conclude with a critical examination of some
of the legal principles applied.
Brenda's Interest
B's equitable interest is generated from her contribution to the purchase price of Y through the creation of a trust in the property. Such an interest was
previously classified in the Land Registration Act 1995 as a 'minor interest', and ought to be registered in the proprietorship register of Y's title as
restriction on the proprietorship register, in accordance with s. 40 – 47 of the Land Registration Act 2002 to facilitate overreaching.
According to s. 2(2) of the Law of Property Act 1925, overreaching can only occur when the purchaser, during a registered disposition of land, deals
with two or more trustees – the equitable interests of the beneficiaries under the trust would then be swept off the land, and included in the purchase
price of the property. On the facts, because Y is held on trust exclusively by A, D would have only dealt with one trustee during the transaction. This
would mean that the doctrine of overreaching does not apply with respect to B's equitable interests.
Under s. 29(2)(a)(i) of the Land Registration Act 2002, pre–existing interests in land can only be protected against a registered

Five Elements Of The Theft Act 1968 (TA 1968)
If found liable, Justin and Robbie could both be charged with the property offence of theft under s.1 of the Theft Act 1968 (TA 1968). The Act
states 'A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other
of it...' In order for the offence of theft to be applied, Justin and Robbie must satisfy all five elements of the actus reus and mens rea at the same time
for the prosecution to prove liability. The actus reus of the offence of theft is outlined in s.1(1) of the TA 1968 as; appropriation of property
belonging to another . Appropriation is defined in s.3 (1) of the TA 1968 as 'Any assumption by a person of the rights of an owner amounts to an
appropriation.'... Show more content on Helpwriting.net ...
Robbie stabbed Tommy after the alteration in the bank where Tommy punched Robbie in the face. For Robbie to complete the actus reus of murder,
the stabbing needs to be the reason for Tommy's death. Nevertheless, Robbie stabbing Tommy does not need to be the sole or even the main cause
of Tommy's death. Robbie's stabbing needs only to make a substantial contribution to the killing as decided in R v Cheshire. In order for Robbie to
satisfy the elements of the actus reus, he must also satisfy causation. R v White, sets out the 'but for test' which asks; 'but for the actions of the
defendant, would the result have occurred?' Robbie stabbing Tommy twice is the only reason for Tommy's death. R v Cato also held that the
defendants conduct must be more than a 'minimal' cause of the consequences, but it is not required for it to be the substantial cause. Therefore, there is
no intervening act, and the chain of causation is not broke. Tommy's injuries from the stabbing were the reason for his death and he would not have
died had Robbie not stabbed

Bank Guarantee : Important Tools Of Commercial Transaction
This Term Paper has been submitted by: Avantika Sharma ID No: 214087 On 21st January, 2015 Commercial Law Project During the Winter Semester
– 2014–15 Bank Guarantee: Important tools of Commercial Transaction Chopperscam, the word used to address one of the biggest defence scam of
the past decade. Some ministers and defence personnels were accused of accepting bribes from an Italian Company, Finmeccannica's, in lieu of
lobbying for the company to get them a 560 million–euro helicopter deal, from the Indian government. India scrapped off the contract after allegations
of bribery emerged in Italy against executives at the Finmeccanica 's AgustaWestland unit. The loss due to this deal would have put India in a tight
position, had it... Show more content on Helpwriting.net ...
The main purpose of bank guarantee is to provide incentive to creditor to take risks. It protects the beneficiary in case of non–performance without
requirement of any legal actions. When a bank guarantees on behalf of its client, it assures the other party of financial stability of the client, which
would enable both parties to carry out their business without fear of any delay or non–performance. It also allows the party, at whose instance, it was
given, to earn interest on the amount while it is kept safe and secure in the bank as a guarantee. Generally, a bank guarantee is used in international
trade, where parties do not know each other or law in each other's country as it saves them from any risk in case of non–performance or legal disputes.
The bank guarantees are broadly divided into two categories; Financial Guarantees and performance guarantees. A guarantee which is issued in lieu of
monetary consideration is called a financial bank guarantee whereas a guarantee, which is issued in respect of performance of a contractual obligation
is known as a performance bank guarantee. A financial bank guarantee assures repayment of money, in the event of non–completion of the contract by
the client. The National Highways Authority of India v Ganga Enterprises and Anr. Is the case which explains the

Case Analysis : The House Of Lords
Airedale26 case decided by the House of Lords, was followed in a number of cases in UK and it was pointed out that in the cases of incompetent
patients, if doctors act on the basis of informed medical opinion, and withdraw the artificial life–support systems if it is in the patient 's best interests,
then they said action cannot be characterized as an offence under criminal law.
24Joseph Fletcher "Infanticide and the ethics of loving concern", 22 (1978).
25JM Appel,"Neo–natal Euthanasia: Why Require Parental Consent?" Journal of Bioethical In 477 (2009).
26Airedale NHS Trust v. Bland, 1993 (1) All ER 821 (HL).
51
In another case, Ward of Court, Re A27, the ward born in 1950, suffered irreversible brain damage as a result of anesthesia during 1972 and for
several decades, the ward was invalid, the mother of the child was appointed in 1994 by the Court to be guardian of person and estate of the child
and in 1995 she sought directions from the Court for withdrawal of all artificial nutrition and hydration and to give necessary directives as to the child
's care.
2.1.3 Euthanasia in case of Mental Patients
In re F (Mental Patient: Sterilization)28, the patient was not a minor, hence parens patriae jurisdiction was not available, but even so, applying the
inherent power doctrine, the same test, namely, the test of "best interest of the patient" was applied by Lord Brandon of Oakbrook. Here the 36 years
old woman was mentally handicapped and unable to consent to

Pop Up Business
POP UP SPORTS BAR Legal form of doing business Question 1 Issue: Have we formed business as partnership? Laws: 'A partnership should have
two or more people who directly own and operate a business. (James 2014, p. 504) Partnership is the relations which exists between partners carrying
on a business in common with a view of profit, which means there must be some continuity or repetition of trading activities and working on behalf of
each other. (James 2014, p. 506–507) Application: Firstly, Adam and I are two persons which meet the first requirement of a partnership, and we invest
money for the business 'Pop Up' sports bar together. Secondly, I leased the factory building and purchased the equipment and material by business bank
account, and Adam invited... Show more content on Helpwriting.net ...
Identify the relevant section of the public by reference to whom falls to be tasted. 2.Consider who come within it, including all kinds of people. 3.Has
a person in that target audience actually been misled? 4.Would the conduct complained of be misleading or deceptive to those consumers (ie. the
ordinary or potential consumer) to whom it was addressed? Applications: There is no doubt that Adam and I running the full page advertisements is an
action for commercial use. Therefor the most important thing is whether or not it was a misleading. Using the Taco Bell test that has the target
audience actually been misled. Considering the different types of people, many of them would think 'Come and have a drink with David Beckham'
means having drink with real David Beckham not a cardboard of

Legal Analysis Assignment : R V Levy
LLB101 Introduction to Law Legal Analysis Assignment R v Levy & Drobny; Ex parte Attorney–General (Qld) [2014] QCA 205 Question 1 On 6 July
2013, the 64–year–old complainant was on duty working as a taxi driver. Around the time of 5am, an intoxicated Steve Drobny and Nathan Levy
entered the complainant's taxi. It was intended that others who were supposed to take the same taxi pay for the fare but as it occurred, they did not
enter, leaving only Drobny and Levy where neither of the two were able to pay for the taxi service. After having driven only a kilometre with the
meter indicating a debt of $7.90, the complainant became aware that the two passengers, Drobny and Levy, had no way of paying for the taxi fare.
When the complainant indicated he would take them to a police station, both Drobny and Levy began swearing and cursing. Once they arrived at the
station, the complainant made a statement saying this was the proper place for Drobny and Levy, to which Drobny then initiated a tackle on the
complainant and grabbed his legs causing him to topple over onto the ground resulting in pain and bruising to the complainant's thighs. Drobny stepped
back and had no further actions in any assault upon the plaintiff from that point onwards, but whilst the complainant was still on the ground, Levy
proceeded to punch and kick him several times all over his body. The attack eventually stopped and both Drobny and Levy ran away. Afterwards, the
complainant noticed an indentation to

Legal Terms Of Contract Law
Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the
law. Terms of the contract Terms are the things that make up the contract. They are the actions and inactions that the parties agree upon with each other.
Without the terms there is no contract. They are divided into a few parts, there is express terms and implied terms. Express terms are terms which are
stated and made clear to both parties. They can be spoken and written but the expression and agreement of them is what makes the expressed terms. For
instance, my phone company are offering me unlimited minutes, this is an expressed term of the contract since it is communicate to me... Show more
Conditions are the major terms of the contract, these are the key terms to the contract and are really important. Each party has a duty to fulfil their
obligations in order to fulfil the conditions of the contract. They are decided at the point that the contract is being negotiated. Express conditions are
conditions that are clearly stated in the contract. In a contract such as a lease, it will be clearly stated that a person leases the property out for X
years and that they will receive the stated amount. Implied conditions are conditions that are presumed based on the context and nature of the
contract, they are upheld by the law and it is the judicial system that can decide whether implied conditions are truly implied in a contract. The
example of the man in the restaurant is an example of an implied condition. If any of the conditions are breached by a party, then the other party(s)
can claim damages and can also repudiate the contract. Damages is the term used to describe the monetary compensation that is awarded by a court in
a civil suit to the complainant by the defendant. The purpose is to restore an injured party to the way they were before they were harmed. Repudiate is
the legal term used for when a party rejects the whole contract. If the party repudiates the whole contract due to a key condition being breached then
they are not bound by the obligations stated in the contract. They can

Harley-Davidson, Inc. V Grottanelli
Running head: Harley–Davidson, Inc. v Grottanelli
Harley–Davidson, Inc. v Grottanelli
Park University
HARLEY–DAVIDSON, INC. v. GROTTANELLI
91 F.Supp.2d 544 (2000)
HARLEY–DAVIDSON, INC., Plaintiff,
v.
Ronald GROTTANELLI, d/b/a The Hog Farm, Defendant.
No. 93–CV–144M.
United States District Court, W.D. New York.
March 24, 2000.
Michael, Best & Friedrich, Dyann L. Kostello, Milwaukee, WI, for plaintiff.
Phillips, Lytle, Hitchcock, Blaine & Huber, Peter K. Sommer, Buffalo, NY, for defendant.
Harley–Davidson, Inc. v Grottanelli
Harley–Davidson, Inc. v Grottanelli was heard before the court in October 21 through 24, 1996. A decision and order was entered March 20, 1997 in
which it was found that the defendant was ... Show more content on Helpwriting.net ...
See Genesee Brewing, supra, at 150. (Harley–Davidson, Inc. v. Grottanelli, 2000).
It was found that the mere use of the work "hog," regardless of how it is displayed, cannot be said to be a cause of customer confusion, unless the
defendant uses the term in conjunction with the name "Harley–Davidson" or other Harley–Davidson trademarks.
*
Bibliography
Harley–Davidson, Inc. v. Grottanelli, 93–CV–144M (United States District Court March 24, 2000).
Certiorari. (2012, September 24). Retrieved from techlawjournal.com: http://www.techlawjournal.com/glossary/legal/certiorari.htm

The Issue Of Term, Legal Profession
The issue of term "Legal profession" insists of people who work in legal environmental or in the Government . As a first year Law student, I am
learning about an overview of the legal profession; for instance, Legal method and Skills or Legal Systems that definitely influence my career in
the future. After two first weeks studying, my plan future is becoming a solicitor right after I get the Law Degree. The thing that affected my
prompt decision in studying Law is my motivation. Last year, I was attending to Business Law that was one of the units in my Business Diploma
course. During that semester, the Business Law was deeply attracted to me with not only knowledge about contract law or tort law but it also
explained the Australian legal hierarchy or how I can solve the case law or legal matter in real life. All of that made me identified how important
of the law in this current society. To archive my target, I should repair carefully for my knowledge and other skills to become a solicitor. First of
all, knowing clearly all the term that related to the legal profession is very important. If I want to study about the law, I have to know what law is,
according to Gibson and Fraser 'law is rules, developed over a long period of time to control people's interaction with each other and set the standard
of regulation between single individual with other or individuals and government' . Additionally, it is very necessary for me to distinctly knowing about
the legal practitioner if

Banking Law Assignment
"....if the creditor bank has notice, actual or constructive, of undue influence exercised by the husband (and consequently of the wife's equity to set
aside the transaction) the creditor will take subject to that equity and the wife can set aside the transaction against the creditor...as well as against the
husband." (per Lord Browne–Wilkinson in Barclays Bank plc v O Brien [1994] 1 AC 180 at 191)
Critically discuss the above statement.
Analysis of wife's equity to set aside the husband's transaction due to undue influence.
Establish the principles of the doctrine of undue influence first to establish the foundation stones of which third party undue influence occurs.
Equity was introduced to act as an enhancement of common law, ... Show more content on Helpwriting.net ...
2B. the claimant has to prove in first occurrence that there was a present relationship of trust and confidence among the complainant and the wrongdoer
of a nature that is reasonable to presume the wrongdoer mistreated that relationship
Relationship between bank and customer
Undue influence by Banks
The normal relationship amongst a bank and a customer is not of trust and confidence however it is a business relationship where the bank is
concerned for its own interest. As illustrated by National Westminster Bank plc v Morgan [1985]. Mrs Morgan claimed that the charge should be set
aside on the grounds of undue influence. However lord Scarmen applied the ratio decendi from sir eric's judgment in Lloyds v Bundy, in his judgment.
'When, however, a bank ... goes further and advises on more general matters relevant to the wisdom of the transaction, indicates that it may, not
necessarily obliged to, be crossing the line into the area of confidentiality so that the court may then have to examine all the facts including, of course,
the history leading up to the transaction, to determine whether or not that line has, been crossed'
It was held that Mrs Morgan was liable for the charge against her home as,
'Mr Barrow never 'crossed the line. ' the transaction was not unjust to Mrs Morgan. The bank had no duty to ensure she had independent guidance. It
was an average banking transaction which Mrs Morgan wanted to save her house; and she

The Effects Of Psychological Techniques On Innocent...
FALSE CONFESSIONS The majority of people find it hard to believe that an individual who is innocent would confess to a serious crime that they
did not commit. However, empirical data has now revealed that many innocent defendants have been convicted on the basis of their false confessions
(White, 2003). The following section will analyze false confessions and how they happen. This section will examine the characteristics of a defendant
that may alter a confession, and then go on to looking at the circumstances of the interrogation.
In the majority of false confession cases, police did not extract the confession by employing torture techniques. However, the effects of psychological
techniques on innocent defendants may have been underestimated in the past. There are many contributing factors that lead to the admission of false
confessions. The system must consider these factors when determining if a confession is legitimate.
Mental health is one of the major factors one must consider when looking at a confession. Mentally handicapped defendants are far more susceptible
to respond to suggestive police interrogations with false confessions (White, 2003). To provide an adequate defense, a lawyer should access a
defendant's IQ and determine weather there is a possibility that the defendant may have a mental disability.
Next, it is important to examine the circumstances of the police interrogation. When a defendant confesses, it may be due to the police interrogation

The Dynamic Economic State Of Affairs
the dynamic economic state of affairs, factors like globalisation of markets, international economic integration, and removal of barriers to business and
trade and raised competition have increased the necessity of transportation. it 's one in all the foremost vital infrastructure necessities, that is important
for the enlargement of opportunities and plays a vital role in creating or breaking the competitive positioning. within the industrial lifetime of any
country, the necessity for carrying product from one place to a different can not be overemphasized. Also, product ar to be stirred from one country to a
different. For these functions, a contract of carriage is to be entered into. The persons, organizations or associations that carry product ar referred to as
carriers. product could also be carried by land (including upcountry waterways), sea or air.
пѓ Definition of Contract of Carriage and Classification of Carriers :
In the industrial lifetime of any country, the necessity for carrying product from one place to a different can not be overemphasized. Also, product ar
to be stirred from one country to a different. For these functions, a contract of carriage is to be entered into. The persons, organizations or associations
that carry product ar referred to as carriers. product could also be carried by land (including upcountry waterways), sea or air. consequently, the law
with reference to carrying of products is contained within the following enactments:
1)In case

Questions On The World Of International Business
In this paper we will be answering five critical questions in the world of international business. In the business world companies must understand how
to answer these critical questions. The first of these questions is why are many governments in today's world liberalizing cross–border movements of
goods, services, and resources? Answering this question isn't just a one word answer; it requires a breakdown of how governments go to market along
with a host of other things. In today's global market international business is even more vital to a governments' success than ever before. For
governments to compete in the global arena they will need a few things which will help move that country forward when delivering goods and
services. The ability to travel and communicate in the foreign markets are just a couple of things that will greatly impact a country's ability to grow.
Technology is also one of the biggest pieces to the pie when it comes to a country's ability to expand and grow. Cross–border movements and trades are
big business for a country and with the rising cost of goods and services around the world, cross–border movement and international trading has
become essential for countries to prosper. The internet has also helped with cross–border trading by bridging the physical gap between countries. It has
also sped up our ability to communicate with other countries and people from all over the world in mere seconds. Governments today are liberalizing

Business Law
HUTECH & OUM
MBAOUM0512 INTAKE : MAY 2012– OCTOBER SEMESTER 2012
STUDENT NAME: CHU THI HONG TUYEN ID No.: 2448481
BMLW5103 – BUSINESS LAW ASSIGNMENT
Question 1
Discuss the enforceability of an agreement which lacks consideration. Using legal authorities (relevant statutes and cases) to support your discussion.
Answer: A valid contract is an agreement made between two or more parties that creates rights and obligations that are enforced by law. What does the
consideration mean? And what does it effect to the agreement? Consideration is something of value exchanged for the promise. It is something given
by a promisee in return for something given by the promisor. According section 2(d), Contract Act provides "when at the desire of the... Show more
This is the exception provided in Section 26(b), contract Act 1950. The rule provides that an agreement without consideration is valid if " it is a
promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the promisor
was legally compellable to do". Ex: Ms.Ann is the neighbor of Mr. Clive and Ms.Ann support Mr.Clive to take care his son during he has having a
meeting. Mr.Clive promise to pay Ms.Ann for this work.This is a contract and Ms.Ann can enforce Mr.Clive's promise. 3. Agreement to pay a statue–
barred debt. This is another exception provide in section 26(c), Contract Act 1950. The rule provides that an agreement without consideration is
valid if " it is a promise, made in writing and signed by the person to be charged therewith, or by his agent generally or specially authorized in that
behalf, to pay wholly or in part a debt of which the creditor might have enforced payment but for the law for the limitation of suits. Means the debtor
makes a fresh promise to pay the statute–barred debt and the promise is made in writing and signed by the person to be charged or his authorized agent.
Ex:The Imperial group owes GTDV Company a debt is 130,000 USD for scope of work of so many contract. But the debt is barred by limitation.
GTDV made summarize of debt and The Imperial representative signed a written promise to pay GTDV 100,000 USD. This promise is fresh and
valid. This is a

Intellectual Property Is The Legal Term
According to Wikipedia, Intellectual property is the legal term that refers to the creation of minds, such as inventors, music, literature, artistic works,
words, phrases, symbol and designs. Under intellectual property law, the owner of intellectual property is granted certain exclusive rights.
Basically, Intellectual property is the term that refers to the creation of mind: inventions, literary and artistic work; names, symbol and images used in
commerce, trade. Intellectual property is divided into two kinds
Copyright: It covers literary works (for instance poems, magazines, novels and plays), music, films, artistic works (such as paintings, drawings,
sculptures and photographs) and architectural designs. Rights related to copyright include those of producers of phonograms in their recordings,
television programs and artists in their performances.
Industrial property: It includes all the trademarks, patents for inventions, geographical indications and industrial designs and infrastructure.
E–business is the business application of data and communication technologies in support of all the activities of business. Commerce set up the
exchange of product and services between businesses, teams and people might be seen joined of the essential activities of any business. Electronic
commerce focus on the information and communication technologies and uses this to create relationships of the business with individual, groups and
other e–businesses refers to business with the

Cercla Research Paper
The CERCLA act was designed to create a web of fault camps or in other words liability. "A private CERCLA recovery action may be brought
against any liable party regardless of whether the federal government has initiated either clean up or a cost recovery action of its own. Parties that
settle with the government however are not liable for contribution." (Dybdahl, 2009). As noted in section 107 of CERCLA there are four classes of
persons liable. These persons are present and former owners, operators, generators, and transporters. Persons who fall into these categories may be
held jointly and severally liable. Current owners face harsh liability because they are liable even if they did not own the site at the time of disposal.
CERCLA however provides a defense if the release and damages were wholly caused by an act of omission of a third party other than one whose act
or omission occurred in connection with a contractual relation with the defendant. This was later amended by CERCLA in 1986 due to the term
"contractual relationship" because thus arguably includes transfers of lands. Therefore, CERCLA was amended to exclude innocent land owners from
the definition (Dybdahl, Interview). The second class of persons liable are past owners and operators. Liability falls under if they owned... Show more
Therefore it's often that recoverable costs come into play. Section 107 of CERCLA provides that the government may recover "all costs of removal or
remedial action...not inconsistent with the national contingency plan." The NCP is required to include "means of assuring that remedial action
measures are cost–effective (42 U.S.C. 9605)." Though there are costs that are non–recoverable, the government must be able to document the cost of
its claims. The NCP states that the lead agency must complete and maintain documentation as to the basis for cost recovery, including accounting of
response costs (42 U.S.C.

Pros And Cons Rea Essay
With any criminal offence there are two elements to the crime; the Mens Rea and the Actus Reus.
The Mens Rea element is the mental part of the crime and requires proof that the defendant was in a guilty state of mind before the defendant can be
convicted of a crime. There are three different types of Mens Rea; direct and oblique intention, recklessness and negligence. Intention is differs from
motive or desire. For example if defendant kills their wife who is suffering from a terminal illness, to relieve their suffering, may well act out of good
motives. Nevertheless, this does not prevent them having the necessary intention to kill. Cases which demonstrate intention include R v Moloney
[1985] AC 905 and R v Inglis [2011] 1 WLR 1110. Direct... Show more content on Helpwriting.net ...
Following the case R v Cunningham [1957] 2 QB 396, reckless was put into question if the defendant foresee the harm that in fact occurred, might
occur from his actions, but continue regardless of the risk. There are two different types of tests for reckless, subjective test and objective test. The
difficulty with a subjective test is that it is based entirely on the defendant's state of mind and it is for the prosecution to prove that the defendant did
anticipate the potential of harm.
Negligence is consequences caused by the actions of a person that fell below the standard of a reasonable person. Negligence plays a minor role in
criminal liability. It used to form the basis of some driving offences but this has largely been superseded by recklessness. Cases for negligence include
R v Adomako [1994] 3 WLR 288, where an anaesthetist was charged with gross negligence manslaughter after they failed to notice the oxygen pipe
had been disconnected.
An Actus Reus consists of more than just an act. It also consists of whatever circumstances and consequences are recognised for accountability for the
offence in question, therefore all the elements of an offence other than the Mens

You Decide Essay example
You Decide: Susie Marks vs. City of Elsewhere and Officer Ruthless
Susie Marks caught a ride to Elsewhere City Park from Orson, who then dropped her off and left. She met her friend Jerry and his girlfriend Kate.
Orson was to return for Susie at 11:00 p.m., which is the park's curfew. Around 11:00 p.m. Officer Ruthless of the Elsewhere Police Department,
approached the three minors and informed them the park was closing and instructed to leave the park immediately. Unfortunately, Orson had not yet
arrived for Susie Marks.
Jerry drove a small truck, which had the bed covered with a camper shell, so Jerry and Kate could leave the instant Officer Ruthless told them to leave.
On the other hand, Susie informed the officer that she wished to ... Show more content on Helpwriting.net ...
The plaintiff must prove that there was negligence from the defendant's side, which resulted with the injury and they are to be blamed. Negligence is
generally a question of fact for the jury, and whether a legal duty exists is something that needs to be solved within the court. In this case, what needs
to be determined is whether the City of Elsewhere and/or Officer Ruthless had a duty to Susie Marks regarding to her riding in the camper of the
truck, and if so, to then determine the actual cause of the injuries to Susie. The actual cause refers to what really caused the injuries.
In the case of Susie Marks vs. City of Elsewhere, I would conclude that neither the City of Elsewhere nor Officer Ruthless had a duty to Susie
Marks in regards to getting in Jerry's truck camper. Officer Ruthless' duty was to enforce the park curfew for safety regulations, so when Officer
Ruthless denied Susie the choice of walking he was acting upon his duty to enforce safety to a civilian. The officer never asked Susie to do
something illegal for his own benefit, and he was well within his job duties to clear the park and send the minors home in legal terms. The actual cause
of the injuries happened when Jerry lost control of the wheel and the truck rolled over. There is no physical evidence or facts, which clarifies who
was at fault. What is determine and factual is the fact that the accident was not caused by Officer Ruthless or by him ordering Susie to ride in the
camper.

Maria Ordered Supplies From Ftc Enterprises
11. Maria ordered supplies from FTC enterprises. Bob, the owner of FTC enterprises, sent a credit application form to Maria. A couple of days later,
Maria sent back the credit application with a signature that appeared to be under her name. Bob shipped the supplies thereafter awaiting Maria's
payments which never came. Bob later sued Maria for payment collection, but Maria denied ever signing the paperwork and claimed that all credit
documents were referred to her receptionist. Is Maria liable?
In this case Maria is considered as a disclosed principal and Maria's receptionist is her agent. A disclosed principal is defined as a principal whose
identity is known by a third party (Clarkson, 2015, p 644). FTC being the third party in this situation, recognizes Maria as a principal and recognized
her receptionist as an extension of Maria's authority. By referring credit documents and inquiries to her receptionist, Maria is granting her receptionist
implied authority to process credit documents on her behalf (Clarkson, 2015, p. 643). Therefore, Maria will be held liable regardless of whether or
not she was aware of her receptionist's actions.
12. Tiffany hires Tim to drive her car for business purposes. Tim informs Tiffany that his driver's license if suspended, but Tiffany disregards that and
still permits him to drive her car. Who will be held liable if Tim gets into an accident who will be held liable?
Tiffany will be held liable because she knew that Tim was driving her

Key Legal And Commercial Terms
4.1KEY LEGAL AND COMMERCIAL TERMS Can you name some key legal and commercial terms we can expect to see on a prime contract?
4.2LEARNING OBJECTIVES At the end of this section you will be able to: Describe key legal and commercial terms within a prime contract
Explain the risks and protections key legal and commercial terms provide Reliance Practice identification of allocation of risk between parties within
key legal terms and conditions 4.3OVERVIEW Contract Terms and Conditions (T&Cs) determine which party (Reliance or contractor) will bear
project risk If contractors assume T&C risk, then successful contractors will add cost contingency View T&C negotiations from a corporate perspective
–How much risk is the each party assuming –Market norms – neither party wants to be a pioneer –Negotiate T&Cs with legal representation
п‚§Subject Matter Experts (SMEs) helpful for technical sections T&Cs should establish clear course of Contract action –More predictable outcomes
–Each party can accurately assess contract risk profile –Reduce uncertainty and project cost (contingency) 4.4KEY TERMS AND CONDITIONS
Limitation of Liabilities (LOL) Establishes overall cap on contractor financial exposure –Usually expressed as a % of contract value –Often unlimited
liability exists to achieve minimum guarantees (e.g mechanical completion) –Carve–outs usually a point of contention Very, very important to
contractors –Contractors not

The Legal Terms Of Piracy
the work they are utilizing given that they meet the definition of their given label and qualify as fair use (Stim 396). For example, a parody must be
ruled as humorous by definition, and fair use implies that the content is meant to give a positive outlook on the original work rather than downgrade it.
In legal terms, piracy violates one of the seven given rights outlines within the Copyright Act.
The contracts between artists, authors, inventors, and their companies and publishers are violated in numerous ways. The most common infringement
occurs daily, as often people make copies of items without previous knowledge of their illegal actions. These minute acts are difficult to prevent though,
especially with the ability to scan, ... Show more content on Helpwriting.net ...
Many laws and punishments have been written to prevent piracy and its consequences. In 1897, Congress established a branch entitled The U.S.
Copyright Office, which constructs and enforces copyright law. The complexity of the penalty has grown along with the excessive abuse of pirated
content (Congress). Simply scribbling over a copyright notice in a book is a twenty–five thousand dollar fine. If more than one act of intentional
copyright infringement is committed within a six month period, the culprit may be fined a sum worth a given ratio to the value of the stolen products
as well as a sentenced of one to five years in prison. given the severity of the situation, fines can range from five hundred thousand to one million
dollars (Stim, 315–319). The prison sentence can also be extended to up to ten years.
When taken to court, cases of copyright infringement become extremely hazy. The victim must prove not only that the material is a copy or semblance
of their product. simple details can turn an entire verdict. In 1980, Star Wars sued and defeated the upstart television show Battlestar Galactica
(Boekweg). Twenty First Century Fox was able to specify 34 similarities that, although not totally unique to Star War, specifically reflected its plot line,
design, love triangle, and characters. Part of the winning statement was the fact that the name "Skyler" was undeniably similar to

Analysis Of The Sale Tolman's Case
COMPLAINT Frank W.Tolman, Sr., submitted a complaint on October 25, 2014, regarding Alan L. Grenier, Esq. Tolman Sr. alleges that Grenier
did not properly handle the sale of his property, 175 Central Street, Georgetown, MA. During the sale Tolman alleges that Grenier was deceitful,
unethical, and fraudulent. Additionally, he asserts that he did not receive his entire case file, including properly executed paperwork required for
taxes, and that Grenier "continued to run up legal bills and stalled me with no action." Grenier has allegedly violated Mass.R.Prof.C. 1.1, 1.2,
1.4(a)&(b), 1.16(d), and 8.4(c). FACTS In 2003, Tolman Sr. retained Grenier to assist in the sale of his property located at 175 Central Street,
Georgetown, MA. Tolman Sr. purchased the land in 1960, and in 1996 he granted an easement on the property to a neighbor in order to "use,
maintain, and repair an existing" septic leaching field on his property. The property has many issues as a result of this septic system and its lack of
inspection of, as well as its proximity to conservation and wetlands. It appears that Tolman Sr. had been trying to sell this piece of land since at least
2003, and even received an offer of $215,800 from one prospective buyer in 2006; however that sale fell through when Tolman Sr. could not agree on
the terms of repayment with the buyer. Despite the issues with the land, on October 31, 2011 Brian Farmer, who is a certified sanitarian, and familiar
with these types of

The Case Of Harvey And Capability Limited
The Case of Harvey and Capability Limited
Before analysing, Harvey needs to be advised that there are two known clauses that exist in a contract; limitation clause and exclusion clause. He
needs to understand that there is a difference between both of these clauses. When there is a breach of the contract, the limitation clause that is relied
on in a contract and enforced would make an effort to pay for certain damages. This can only be used as an indicator for Harvey to recognise their
differences, but, it will not be explained any further as the enquiry made is only related to exclusion clause. Capability Limited is a private limited
company that has subcontracted a sole proprietor, Reckless Enterprise. As the damages were done by Reckless Enterprise, with the matter of who is
liable to pay for it, the court needs to look deep into the consequences of Capability Limited and how Reckless Enterprise was included in the
Memorandum as a third party.
Exclusion Clauses
If the contract is breached, the party relying on the exclusion clauses will not be responsible for paying for any damages (Treitel, 1995). If the
document does not have any intention for the contract, exclusion clause will not be bound. As it can only be defined in this manner, Harvey also has to
... Show more content on Helpwriting.net ...
It is a philosophy of Contract Law. There should be an intention to make an offer, and, to accept and consider to it. Although it is read without
comprehending, the person signing the contract would still be bound by it. In L'Estrange v Graucob, the claimant purchased a cigarette vending
machine and signed the order without reading the clause. She sued the defendants as it did not work but the court argues that, once signed, she was
automatically bound by the clause regardless of whether she read it or not. However, in other cases, it can be argued that there are other exceptions
that would be convinced that exclusion clauses will not be

The Legal And Spiritual Ramifications Of Marshall's...
Contract Analysis In any contract there are legal and spiritual ramifications that must be taken into account, and this situation has several legal and
spiritual factors. What should I do about continuing business with Marshall? If I elect to stop doing business with Marshall, what legal causes of
action might he bring against my company, what damages or remedies might he seek, and what legal defenses might my company have? What are
the potential impacts on Marshall's continued exploration of his faith? What biblical options are available for resolving your disputes with
Marshall? There are many ways to analyze this problem to determine what route I need to take. I feel that I must take my time make a proper
decision by looking at everything from a legal perspective followed by a spiritual perspective. Additionally, as Dr. Kippenhan (n.d.) stated in her
presentation Biblical Dispute Resolution, "Be like our God, slow to anger" (https://learn.liberty.edu/webapps/blackboard/content
/listContent.jsp?course_id=_281273_1&content_id=_12130777_1) Legal Issues If I elect to stop doing business with Marshall, what legal causes of
action might he bring against my company, what damages or remedies might he seek, and what legal defenses might my company have? Before I
can make that determination, I must first understand all the legal ramifications of such a case. Exclusive dealings and promissory estoppel are two
legal concepts they may work in favor of Marshall. However, the age of

Case Study Of Workmen's Compensation Act
Case 1 (Under Workmen's Compensation Act) United India Insurance Co. Ltd. vs Alphonsa on 23 March, 1988 Summary The case is regarding the
Workmen's Compensation Act. The case goes like this, the workman had died due to chest pain while he was driving the vehicle that is the death
was while he was in employment. And therefore the compensation to be given was fixed as RS.23100. But the Counsel said that the workman had
died not because of the injury sustained in an accident, but it happened while he was under employment and therefore the employer is liable to pay
the compensated amount. The insurer is liable to pay the amount only of the employer becomes insolvent or if the employer is an organization then at
the time of winding up. But in this case no liability is fixed on the insurer to pay the amount since the risk was covered by a policy. The provisions
contained in Section 14 of the Workmen's Compensation Act are attracted and in this view of the matter, in both the cases, it was held that the
Workmen's... Show more content on Helpwriting.net ...
Parry Agro Industries Ltd on 19 February, 2007 Summary The case titled "The Forest Range Officer vs. Parry Agro Industries Ltd" is between the
Forest Range Officer and the respondent, Parry Agro Industries Ltd. The case is explained below. The land (mentioned in the case) was initially in
the name of English and Scottish Joint Co.operative Wholesale Society Ltd., later on the name was changed to Pari Agro Industries Ltd. And the
petitioner in the case is Pari Agro Industries Ltd.As per the plantation Labour Act 1951, the petitioner is the person who is responsible to look after
the estate, that is to provide water to the people who are staying in the Estate. Not only the estate workers, there are other people who are staying in the
estate such as telephone, forest guards etc. for this purpose the petitioner has been taking water from a dam which has been constructed for the same
purpose.

Intellectual Property Is The Legal Term
Introduction
According to Wikipedia, Intellectual property is the legal term that refers to the creation of minds, such as inventors, music, literature, artistic works,
words, phrases, symbol and designs. Under intellectual property law, the owner of intellectual property is granted certain exclusive rights.
Basically, Intellectual property is the term that refers to the creation of mind: inventions, literary and artistic work; names, symbol and images used in
commerce, trade. Intellectual property is divided into two kinds
Copyright: It covers literary works (for instance poems, magazines, novels and plays), music, films, artistic works (such as paintings, drawings,
sculptures and photographs) and architectural designs. Rights related to copyright include those of producers of phonograms in their recordings,
television programs and artists in their performances.
Industrial property: It includes all the trademarks, patents for inventions, geographical indications and industrial designs and infrastructure.
E–business is the business application of data and communication technologies in support of all the activities of business. Commerce set up the
exchange of product and services between businesses, teams and people might be seen joined of the essential activities of any business. Electronic
commerce focus on the information and communication technologies and uses this to create relationships of the business with individual, groups and
other e–businesses refers to

The Production Of Anti Oxidant Muscadine Grapes
Facts of the Case:
I have been in business with this family owned produce store that specializes in the production of anti–oxidant Muscadine grapes. We have formed a
contract given the results of how popular their product was: I place regular orders to be supplied with their grapes, and in return I make my payment
within 30 days. They have filled out all of my requests in a faithful manner. However, on several occasions I was 15–30 days late with my payments.
The company never charged me interest or late fees. Recently, I have formed a new contract with the son of the owners of the company. It was to
stipulate a guaranteed price schedule to what I have been paying. At the time the son was only 17 years old, but it has been a month since ... Show more
However, in our state legislatures, if the son allowed 30 days to pass by after his 18th birthday, the legal majority age, the contract is then ratified. The
contract was only shown to the owners after I have threatened litigation.
Legal Issues:
The legal issues that are present are: breach of contract caused by the family owned produce, the validity of the contract signed by a minor, and the
authorization that minor possessed in relation to the company. The family owned produced breached their duty of care to me by trying to renege on
the newly formed obligations between my store and them. By attempting to drop me from their clientele, they have not performed the promised
agreements to which the son signed to. Another legal issue is the validity of the contract that was signed by a minor. As mentioned previously, if
ever a signing party or parties were under the legal majority age (18 years old), that party has the right to withdraw from their obligations prior to 30
days after their 18th birthday. If the son had of done this, I would not have seek out any litigious actions against the family owned produce. By
withdrawing before this time frame, no legal agency or entity will see any grounds for me having the right of recovering any damages made by their
actions. However, since the son did not withdraw from the obligations, nor did the family

Victorian Civil And Administrative Tribunal
TABLE OF CONTENTS I.VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL (VCAT) What is
VCAT...............................................................3 What is the Role of VCAT................................................3 How VCAT Resolve
Cases...............................................3 VCAT Personnel...........................................................4 Facilities on VCAT.........................................................4
Prohibited Matters..........................................................5 Civil Claims and Residential Tenancies Lists.........................5 II.ETHICAL ISSUES
Termination by Breach (Breach of Contract)...........................5 III.FACTS Facts About the Plaintiff (Ms. AT)......................................6 Facts About the
Respondent (AP)......................................6 IV. RELEVANT LAW Australian Consumer Law Act and Fraudulent Claims..............7 V.LEGAL
ARGUMENTS Arguments of the Plaintiff (Ms. AT).......................................7 Arguments of the Respondents (AP)........................................8
VI.JUDGEMENT ON THE OBSERVED CASE.....................................................................8
VII.REFERENCES....................................................................9 I. VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL (VCAT) п
ѓ What is
VCAT? Victorian Civil and Administrative Tribunal (VCAT) is a state tribunal for the Victorians that help and guide to resolve disputes on different
aspects including Building and Property, Civil Disputes, Equal Opportunity, Guardians–Administrators, Joint Property and Water, Legal Practice,
Owners Corporations, Retail Tenancies, State Taxation, Business Regulation, Domestic Building, FOI–TAC and other Claims, Health– Privacy
/ Disability Act, Land Valuation, Mental Health, Planning and Environment and Residential Tenancies. "VCAT's vision is

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