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Breach Of Contract Recover Damages
2,129 wordsCivil Cases - Return to Table of Contents Civil cases are those in which individuals, corporations or government agencies seek to recover damages, enforce their rights or otherwise protect a legal interest from interference by another. Essentially, the civil law enables people to assert or defend their rights in an orderly, nonviolent manner and enables them to resolve legal disputes in a fashion which society finds acceptable. As might be imagined, civil cases encompass a broad range of legal s...
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Fifth Century Islamic Faith
1,014 wordsBy the end of the Byzantine reign the culture was composed of Greek, Roman, European (Christian) and Islamic elements. Although a synthesis of the four was evident, Christianity was always the dominant force in the thoughts of man, due mainly to the enforcement by the State. Visigoths did not sack the Eastern Empire in the fifth century; therefore the Empire and its policies remained intact unlike the west. The fifth century was a critical time in the Eastern Empire's history, for this is when t...
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Good Faith Bad Faith
2,374 wordsfor Lon L Fuller and Melvin Aron Eisenberg (American Casebook Series) 5 th edition. A K is a promise or a set of promises for the breach of which the law gives a remedy Except as otherwise provided, the formation of a K requires a bargain in which there isa consideration To constitute consideration, a performance of a return promise must be bargained for A promise which the promise should reasonably expect to induce action or forbearance on the part of the promisee and which does induce such act...
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Recover Damages Specific Performance
2,359 words... in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party. This section makes consideration unnecessary to the effective renunciation or waiver of rights or claims arising out of an alleged breach of a commercial contract where such renunciation is in writing and signed and delivered by the aggrieved party. Its provisions, however, must be read in conjunction with the section imposing an obligation of good faith. (Section 1 - 203). There ma...
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Breach Of Contract Hong Kong
1,558 words... the shipowners undertaking to tender a seaworthy ship, has as a result of numerous decisions as to what can amount to unseaworthiness, become one of the most complex of contractual undertakings. It embraces obligations with respect to every part of the hull and machinery, stores and equipment and the crew itself. It can be broken by the presence of trivial defects easily and rapidly remedial, as well as by defects which must inevitably result in a total loss of the vessel. per Diplock LJ in ...
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Wal Mart Risk Involved
601 wordsThe topic that will be discussed in this paper is negligence. Negligence is any conduct which creates an unreasonable risk of foreseeable harm to another. There has to be risk involved in the case in order for there to be negligence. Therefore, if there is no risk involved, then there is no case for negligence. There are four basic elements of negligence that will be discussed in this paper. A plaintiff must prove in a court of law all four of the elements in order to win the case. The four elem...
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Peace Of Mind Court Of Justice
1,202 wordsPrivacy issues have taken centre stage in Canada in recent weeks with the public's attention focused on the major privacy breach at the Canadian Imperial Bank of Commerce. As of February 4, 2005, CIBC is now facing a $ 9 million class action lawsuit from customers whose confidential RRSP and other personal and financial information was made public. A Toronto law firm has filed the suit in the Ontario Superior Court of Justice, after revelations that CIBC had been faxing thousands of their client...
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Punitive Damages Compensatory Damages
1,967 wordsRunning head: LEGAL FRAMEWORK Legal Framework [Student Name] University Affiliation PLAGIARISM REPORT 3 PERCENT QUOTES PROPERLY CITED Total Matched Phrases / Total Submitted 3 % (5 / 148) Expected Report Execution Time (peak) Abstract Negligence, in law is referred to as a breach of legal duty set forth by the law. Negligence, as tort refers to a careless act (or failure to act). Negligence leans towards behaviour or conduct rather than the bounds of a contract. In pursuing negligence litigat...
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U S Supreme Court U S Court
2,809 wordsBusiness Law and The Legal Environment Court if Appeals may review orders from certain administrative agencies. The function of this court is to examine the record of a case on appeal and to determine whether the trial court committed prejudicial error. The court can either reverse or modify the judgment. The court may also send it back to the lower court or if there is no prejudicial error, uphold the lower courts judgment. The Supreme Courts the nations highest court whose principal function i...
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Ny Random House Adventure Travel
2,124 words... payable) which would in the future be have to repaid regardless of the corporate status. The repayment issue will be discussed further in the essay. By purchasing a company the buyer acquires not just a collection of assets and liabilities which is what would happen if a business was purchased but a legal entity or 'person' with attaching rights and liabilities. The main question that faces a buyer, then is whether to buy the shares of the target or the assets instead (and therefore assume c...
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Mental Health Professionals Ethical Dilemma
1,967 wordsBreach Of Confidentiality: The Legal Implications When Breach Of Confidentiality: The Legal Implications When You Are Seeking Therapy Breach of Confidentiality: The legal Implications when You are seeking Therapy Abnormal Psychology 204 November 2, 199 Breach of Confidentiality: The legal Implications when You are seeking Therapy I. The need for confidentiality in therapy A. Establish trust B. A patients bill of rights Thesis: The duty to warn has created an ethical dilemma for psychological pro...
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Criminal Activity Third Party
2,259 wordsRe: Fitzhugh v. Fairview Gardens Partners Cause of action in negligence against the owner for injury to a tenant of an apartment complex resulting from third party criminal activity. Question Presented Under Oklahoma state law, does a tenant of an apartment complex in a high crime area have a cause of action in negligence against the owner of the complex for injuries suffered from third party criminal activity when, the owner fails to repair inoperative lights near a common passageway, fails to ...
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Offer Is Made Breach Of Contract
1,181 wordsA contract is an agreement that is enforceable by law. Modern business could not exist without such contracts. Most business transactions involve commitments to furnish goods, services, or real property; these commitments are usually in the form of contracts. Use of the contract in business affairs ensures, to some extent, the performance of an agreement, for a party that breaks a contract may be sued in court for the damages caused by the breach. Sometimes, however, a party that breaks a contra...
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Court Of Appeal Starting Point
1,834 wordsIn order to claim a redundancy payment an employee must first establish that he has been dismissed and second that the dismissal is for reasons of redundancy. This will encompass all aspects of the decision, therefore it brings in contractual issues in relation to the dismissal as well as in relation to the definition of redundancy. In Saunders v Earnest A Neale Ltd (1974) the employees conducted a work to rule and eventually the factory closed down. It was held that the dismissals were not for ...
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Breach Of Contract Hong Kong
1,575 wordsLAW OF CARRIAGE OF GOODS BY SEA ASSIGNMENT ONE? the shipowners? undertaking to tender a seaworthy ship, has as a result of numerous decisions as to what can amount to? unseaworthiness? , become one of the most complex of contractual undertakings. It embraces obligations with respect to every part of the hull and machinery, stores and equipment and the crew itself. It can be broken by the presence of trivial defects easily and rapidly remedial, as well as by defects which must inevitably result i...
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Medical Care Insurance Costs
1,744 wordsMedical Malpractice The doctor-patient relationship has been defined differently through the years. In the beginning it developed into a common calling which meant doctors practiced medicine as a duty to their patients. Laws were developed to protect patients, therefore doctors used proper care and expert skill. In the past six centuries, medical malpractice has increased, which lead to revision and addition to the law. Liability was introduced along with the GIANT of all torts, negligence. Now ...
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Nine Hundred Client Server
1,683 wordsThe State of Mississippi versus American Management Systems On April 22, 1999, the State of Mississippi filed a lawsuit against American Management Systems (AMS) in Hinds County, Mississippi. This was ten days prior to when AMS would go live with the Withholding Tax System. This was only a single component of the State Tax Automated Revenue System (STARS). American Management Systems was contracted to construct an automated, integrated tax system for Mississippi. At the completion of the contrac...
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Offer Is Made Specific Performance
1,087 wordsA contract is an agreement that is enforceable by law. Modern business could not exist without such contracts. Most business transactions involve commitments to furnish goods, services, or real property; these commitments are usually in the form of contracts. Use of the contract in business affairs ensures, to some extent, the performance of an agreement, for a party that breaks a contract may be sued in court for the damages caused by the breach. Sometimes, however, a party that breaks a contra...
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Product Liability Football Player
2,389 wordsEvery Product Liability Product Liability Every day American consumers purchase products that they feel are beneficial to there development. Where that lies depends on the consumer. However, One underling variable is a constant when it comes to purchasing the product. That variable is whether or not the product is right for them. When the consumer purchases a product, they are liable for whatever mishaps may occur and accidents that may happen. But producers are not completely free from the liab...
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Bodily Harm Deadly Force
5,727 wordsLAPD SWAT TEAM HISTORY The concept of special weapons and tactic teams originated in the late 1960 s as a response to several sniping incidents against civilians and police forces throughout the U. S. The most notable incident being the Texas Tower Massacre. During this time Los Angeles experienced many problems of its own. Escalated violence toward police and civilians became all too common. Realizing that an effective response to these dangerous situations were virtually non-existent, LAPD off...
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Customer center
