This document provides an overview of a case study examining the interpretation of an ambiguous contract term. The case, Frigaliment Importing Co. v. B.N.S. International Sales Corp., involved a dispute over whether a contract for the sale of "chicken" referred to "broiler chicken" or "stewing chicken." The judge, Henry Friendly, first looked to the contract itself and documents incorporated by reference to resolve the ambiguity, but found no clarification. Testimonial evidence from witnesses for both parties presented conflicting definitions of "chicken." Ultimately, the judge ruled the term should not be defined based on trade usage, since the defendant was new to the poultry trade and there was no proof it
Contract interpretation is the study of the meaning of agreements. Understanding what an agreement means is prerequisite to determining whether contractual parties performed or breached their obligations. The presentation provides a high-level review or overview of the law of contract interpretation, including citations to key cases and concepts.
Contract interpretation is the study of the meaning of agreements. Understanding what an agreement means is prerequisite to determining whether contractual parties performed or breached their obligations. The presentation provides a high-level review or overview of the law of contract interpretation, including citations to key cases and concepts.
This presentation covers important concepts with sections and case laws which can guide BBA , IMBA , LLB and MBA students. introduction to Law , Indian Contracts Act, 1872 – Essentials of valid contract, Kinds of Contacts, Offer, Acceptance, consideration, Capacity of parties to a contract, Free Consent, Stranger to the contract.
DISCHARGE OF A CONTRACT
DISCHARGE BY PERFORMANCE
DISCHARGE BY AGREEMENT OR CONSENT
DISCHARGE BY IMPOSSIBILITY OF PERFORMANCE
DISCHARGE BY LAPSE OF TIME
DISCHARGE BY OPERATION OF LAW
DISHARGE BY BREACH OF CONTRACT
This presentation covers important concepts with sections and case laws which can guide BBA , IMBA , LLB and MBA students. introduction to Law , Indian Contracts Act, 1872 – Essentials of valid contract, Kinds of Contacts, Offer, Acceptance, consideration, Capacity of parties to a contract, Free Consent, Stranger to the contract.
DISCHARGE OF A CONTRACT
DISCHARGE BY PERFORMANCE
DISCHARGE BY AGREEMENT OR CONSENT
DISCHARGE BY IMPOSSIBILITY OF PERFORMANCE
DISCHARGE BY LAPSE OF TIME
DISCHARGE BY OPERATION OF LAW
DISHARGE BY BREACH OF CONTRACT
The understanding of a subject is much better when you understand the legal concepts surrounding it. As no answer is completed without the definitions and the concepts of law around the subject, the understanding of the whole subject depends of the understanding of these legal concepts.
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One January 6, 2021, a mob stormed the U.S. Capitol. Now many are debating what role social media played in this event, and whether we need to regulate social media. This video provides a historical context for this seemingly unprecedented event so that you can better understand how this issue fits into the arc of world history.
Social media is the modern printing press. Just as Gutenberg's invention democratized access to the Holy Bible and the Word of God and thus led to transformative social change, Twitter, YouTube and other social media platforms democratize access to all sorts of information—and misinformation.
Our modern technological society has much more information, but do we have more Truth? That is a question every responsible social media user has to ask himself and herself.
Corporations, Module III: Entrepreneurship, Lesson 1: Organizational ChoicesDuquesne University
When planning a new business, the first legal choice usually is "which entity to form?" There are many choices these days, but let's focus on the Top 4: General Partnerships, Limited Partnerships, Corporations, and Limited Liability Companies.
Corporations, Module III: Entrepreneurship, Lesson 4: Defective IncorporationDuquesne University
Incorporation provides a "limited liability" shield around investors and corporate officers. But what happens when incorporation goes awry? The issue of "defective incorporation" presents in three main ways, and this video explains how to spot that issue and analyze whether it will result in promoter liability.
Concerns about corporate influence over politics has been an American concern ever since corporations developed in America. Corporations' ability to concentrate massive wealth, their legal status as entities and in some sense "people," and their separation of ownership and control raise unique issues -- especially when considering the First Amendment right to free speech.
Corporations, Module I: Basics, Lesson 2: Agency and AuthorityDuquesne University
Agency principles that apply generally are found in the Restatement (Third) of Agency. These principles form the foundation of the authorization of corporation agents, too, although there are a number of special rules that pertain to corporation agency.
Corporations, Module IV: Authorization, Lesson 3: Legal OpinionsDuquesne University
Lawyers are often called upon to "opine" whether a corporate transaction is duly authorized and otherwise legal. When lawyers report their finding in a formal written manner, such a document is called a "legal opinion." The drafting of such a legal opinion is subject to very particular rules and requires an investigation into corporate authority known as "due diligence."
Corporations, Module IV: Authorization, Lesson 2: Board ActionDuquesne University
Directors individually have no power to bind a corporation. But, acting collectively at a board, the directors have the ultimate authority over corporate action. Lawyers are often called upon to determine whether such a board action was done properly, according to the "meeting rule." The process by which lawyers make this determine is called "due diligence."
Corporations, Module IV: Authorization, Lesson 1: OfficersDuquesne University
Corporations officers -- such as the Chief Executive Officer -- have authority to bind the corporation in ordinary transactions. But where does this power come from? And what are its limits?
Corporations, Module III: Entrepreneurship, Lesson 2: Incorporation ProcessDuquesne University
Incorporation -- the formation of a corporation -- is a relatively simple process. It only requires filing a few forms. But this simplicity is deceptive. There are many choices to make when forming a business properly, including: what type of business organization to create, where to form or incorporate the organization, how many shares of stock to authorize and issue, who to name as directors, etc. Additionally, there are several ways that incorporation can go wrong. Ultra vires actions can occur when the corporate purpose is defined too narrowly, and defective incorporation can occur when the filing is done improperly. Both can result in unintended legal liability.
Corporations, Module II: Policy, Lesson 3: Political ActionDuquesne University
Many laws have been passed over the years limiting the ability of corporations to participate in politics, but recent Supreme Court decisions have struck down many such laws. Corporations now enjoy new power to directly contribute to political campaigns. But has this changed politics? And, if so, for better or worse?
Corporations, Module II: Policy, Lesson 2: Social ResponsibilityDuquesne University
Corporations are both private and social institutions. They are owned by shareholders, but exist by virtue of state law. The debate on whether corporations should pursue "shareholder wealth maximization" or "corporate social responsibility" has gone on since at least 1932, and it continues to the present day. More than even, corporations purport that they can "do well by doing good," but many think these claims of CSR are really just "greenwashing" the SWM profit motive.
Corporations, Module III: Entrepreneurship, Lesson 1: Organizational ChoicesDuquesne University
The first step in business planning for lawyers is often deciding which legal entity to form. Common choices include partnerships, corporations, and limited liability companies. Sole proprietorships, professional corporations, and limited liability partnerships also play a role in this "alphabet soup" of organizational choices.
Each U.S. state creates its own corporate law, and entrepreneurs can choose to incorporate in any state. This choice creates a market for corporate law, a unique dynamic that may be good or bad for shareholders, stakeholders, and society at large, depending on whether the market for corporate law is a "race to the top" or a "race to the bottom."
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
194. Terms Implied in Fact
• Agreed to by the parties
implicitly rather than
explicitly
• Fact finder assesses
intent of parties to include
terms that were not
stated or written down
195. Terms Implied in
Common Law
• It is often impossible to
include terms for every
possible contingency in a
contract
• Courts sometimes
consider certain terms to
be implied
196. Terms Implied in
Statute (UCC)
• If nothing is said as to price, the contract price
is a reasonable price (usually fair market value)
at the time of delivery. (§ 2-305)
• Goods will be delivered in a single lot (not
multiple lots) if no selection is made in the
contract. (§ 2-307)
• If no place of delivery is specified, goods will be
delivered to the seller’s place of business, or, if
none exists, to seller’s residence. But if the
parties know at the time of contract formation
that the goods are elsewhere, the place of
delivery is where the goods are. (§ 2-308)
• The time for delivery, shipment, or other
contractual actions is “a reasonable time” if no
time is specified. (§ 2-309)
• The goods are covered by Article 2’s implied
warranties, unless the seller disclaims the
warranties effectively. (§§ 2-314, 2-315)
197. Terms Implied in Good
Faith
• Every contract imposes upon
each party a duty of good
faith and fair dealing in its
performance and its
enforcement.
• R.205 Duty of Good Faith
and Fair Dealing