Tort Law Case Studies Samples For Students

Answer 1

As a legal person, a company can be sued by any person if the directors had entered into a contract with the person and failed to honor the deal, therefore, resulting to financial loss to either party. However, recent case laws have shown that there are instances when directors can be held liable or personally liable for any financial loss to a creditor or any other party. An instance where a company’s director makes statements on behalf of the company that can be considered as lies or misrepresentation of the company can result to the civil suit against both the company and the ...

Accidents are proving to be a disaster in the life of human beings in day today endeavors. The world has seen rise in insurances companies in the recent days than ever and it seems to be taking the course in human fraternity. People are encouraged to take insurance cover to ensure that their lives are compensated whenever an accident occurs. Pacific Prime Insurance Company now offer the best medical cover to the victims of accidents and its annual reports show tat about 35 percent of people world wide have benefit from the services of Pacific Prime especially victims of the ...

There are several legal issues arising from the third scenario. First is whether the employer, the Lazy River, Inc. is liable for Lucy’s failure to adhere to reasonable commands directed to her by her boss Mike. The second issue is whether the sixteen (16) year old worker was an independent contractor, if so, whether it is the employer or the hiring party that is liable for injuries to the independent contractor. The third issue is that of negligence. That is, whether the company was negligent for failure to foresee that the toxic chemicals present in water could cause ...

Multimedia Activity: Business Organization

In this paperwork, I am going to list the general requirements of an LLC, corporation, and partnership. I will also discuss a business organization that is an LLC giving the reason why it adopted this form instead of the other available forms; partnership and corporation. I will also discuss the advantages and disadvantages that come with LLC.
Through research, it is depicted that the general requirements for a partnership, an LLC, and corporation are, approximately, the same lawfully. It is expected of them that all their general requirements are formed with the intention of making or maximizing profit. Hence, their ...

In this case, Brian was speeding in a place where whoever was planning to turn was required to give way to the vehicles behind first. However, randy’s car was hit after violating the traffic rule of giving way to the vehicle behind, which is the BuGusa van. However, it is also important to note that the Randy’s car suffered damages after being hit by the BuGusa van from behind.
This case is more in favor of BuGusa than it is for Randy. For instance, a tort can only be justified if the tortfeasor was found guilty of causing ...

<Student Name>
<Name and Section # of course>
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What is a current liability? From the perspective of a user of financial statements, why do you believe current liabilities are separated from long-term liabilities? Based on your current experience as well as any additional research you may have done provide two examples of situations where businesses collect monies from customers and employees and reports these amounts as a current liabilities.
Current liabilities are what the company owes for its debts in the next year. Long-term liabilities are those that are debts to be paid in ...

MEMORANDUM

RE : PHARMACEUTICAL LAW AND LIABILITY
Dr. Frankenstein may be held liable for products liability in the event that he fails to comply with regulations of the US FDA regulations. There are three theories under the product liability including the Negligence Theory, Strict Liability Theory, and Breach of Warranty Theory.
It can be argued that the Wonkavision device is no longer patentable since it is considered part of a prior art for it has been in the market for almost 40 years. However, the fact that it can provide treatment of patients infected with Ebola will qualify it ...

Question 1

Introduction
A contract is either forceable or unenforceable.For it to be enforceable and valid, it has to meet certain elements: offer, intention to create legal relations, acceptance, and consideration (Beale, 2002). Without any of these elements, the courts will not enforce the contract. However, several reasons ensure that a contract cannot be enforced: duress, misrepresentation, unfair terms and undue influence. In the facts given, each person has their merits, strengths and weaknesses. To analyze the position Steve is in and whether he stands to win any legal action brought against, each case will be analyzed separately, giving the merits ...

Q42.

A. It is very unlikely that Carol will succeed with her breach of contract case. For such a case to succeed, she should prove that there existed a contract between her and Sandy to lawn the yard, which was not the case. Typically, for a contract to be valid, it must meet four basics: offer, acceptance, mutual assent and consideration. All these were lacking in the issue. It was her mistake that she took the wrong details and worked on a different yard
In a contract, one party must propose to sell a certain service or product to the second party. This was not ...

“Issue #20: Is Now the Time for Reparations for African Americans?”

Introduction
The question of reparations to African Americans owing to slavery, lost opportunities, and state-enforced segregation has been long unresolved. The issue keeps emerging into the realms of national debate. The American psyche would not be healed till the time the question of reparations to African Americans is laid to rest, one way or the other.

Arguments for Reparations

Robert Allen, Adjunct Professor for African American Studies at the University of Berkeley, lends his voice in favor of reparations for African Americans. Allen is the editor of the Black Scholar journal and has written eight books covering the odyssey of the ...

- The liability should be recognized in the balance sheet as a contingent liability. The amount may be ascertainable but when the liability could arise is not ascertained yet. Hence the balance sheet should contain an amount of contingent liability. The principle of conservatism shows that the future liability should be recognized. Since in the given case, the amount is material and significant, the liability should be shown as a contingent liability in the balance sheet.
- The amount is material to the financial statements. In the given case, the amount is quite significant and is required to be a part ...

- I disagree with the conclusion. If the lawyer is silent on certain matters of audit conclusion, the auditor should not assume the matter as complete. Instead the auditor should conduct an inquiry and get more details regarding the matter. Maintaining silence on an issue does not mean that the response is complete.
- In the given case, the conclusion is correct. If the lawyer does not provide the probable outcome of the given case, the auditor can specify it in the notes to financial statements and assume that the scope is restricted. Even after the request of ...

- Question: Identify the muscles in the anterior compartment of the leg
The leg is divided into three compartments by tough fasciae to hold the muscles and proper functioning of these muscles during their contraction. These compartments also contain nerves and vessels.The three main compartments are anterior (extensor), lateral (fibular) and posterior (flexor). The anterior compartment (Extensor compartment) contains muscles which are used for extension (dorsiflexion) of the foot as these muscles have origin in the leg and are inserted in the bones of foot crossing the ankle joint anteriorly. “When acting from below they pull the body ...

According to the legal dictionary, a viable cause of action is an event or series of events that gives the plaintiff or grieved a chance to go for judicial redress of the situation or harm done to the person (thefreedictionary.com).
The case of Abramowitz is not too strong to recover the damages that she received from the defective product. The product liability will be difficult to ascertain. Since the product came prepackaged and the shop owner did not have any opportunity to discover that the product was faulty, defective or not true for its purpose, he cannot be held liable.
...

RE: Response to Arising Ethical Issue

Introduction
The memo outlines the ethical dilemma faced by the company and how this dilemma is addressed. There are multiple dilemmas, but the memo focuses on one of the dilemmas.

Facts

There are claims that the unpasteurized Nutritional products have caused health concerns though the data has not been authenticated. In addition, there are reports from the health officers in the counties indicating that the health officers believe there is a direct link between the company’s products and the health cases. The batch numbers obtained by the company’s managers are linked to the products though they happen to ...

Yes, the breach of contract occurred due to the violation of a material term of the agreement. The mistake was unilateral in nature because Ellen tried to change the date of the service, but the contract had a no cancellation clause. The caterer can apply for cancellation of the contract, and request the court to allot damages as well, if other party does not pay the fine of $1000. Otherwise, there is no reason to consider the practice of the established contract unconscionable.
Yes, the breach of contract took place because a material clause of the contract had an infringement, and ...

Description of the three alternatives considered.

Implement Load Inspections. This option involves the careful inspecting of each load before moving it onto the awaiting delivery truck (out bound). This will ensure the adherence of the best packing processes and being normally implemented.
Packaging Design-negotiating with vendors involves, talking to the vendors about the various options of preparing the freight. It is often the simplest guidelines that make the most difference. By consistently noting how well the vendors adhere to the right and proper procedures as far as packaging your shipments is concerned.
Another alternative is labeling the products Different freight comes in different ...

The legal issue of ABC partners entailed negligence having set a company beyond their jurisdiction and failed to register a company. ABC is liable to pay damages to Robert Knight. This case is tortuous liability due to the wrongful act of abandoning an oil well and failing to secure a place. This results in Robert having an injury due to the negligent act. The legal rule of Tort holds that one who suffers in case of negligence of another party can claim damages. In this case, ABC partners owe a duty of care to Robert Knight who suffers injury due to their act ...

Introduction

In the day-to-day running of businesses, the parties that are involved are guided by some kind of law to ensure smooth running of the business. As such, there ought to be an agreement between the parties to the transaction, which in most cases, is binding. In essence, this would mean that the parties make a contract between themselves. In essence, the main aim of the contract is to outline the objectives of the agreement to ensure that it is accomplished in a prescribed manner. This is essential in order to avoid breach of the terms, which could lead the parties to ...

REPORT FORMName: _________________________________ Condition:Histology

The inner ear consists of a membranous “labyrinth” encased in an occeous labyrinth. The vestibule and semicircular canal are concerned with vestibular function (balance); cochlea is concerned with hearing. The cochlea is a coiled tube. The cochlea coils up from its base. It is coiled around the modiolus. The Reissner’s membrane and the basilar membrane divide the cochlea longitudinally into three scalae. If you cut the cochlear tube cross sectionally, you’d see Scala vestibuli on top, scala tympani on the bottom. Scala media is a triangular duct in the middle. The side of the duct where the nerve fibres exit ...

Analysis

- Marianne Barner, Business Area Manager for Carpets for IKEA, is currently concerned with the accusation of the exploitation of child labour, while sourcing carpets from India. IKEA representative was invited to speak on child labour during the airing of the program, concerning this issue. In respect of the invitation Marianne got from a German producer she can either accept or reject it. To my mind, she should accept it. According to the facts of the study, IKEA’s vision lies in the fact that company is taking responsibility for social and environmental issues across the globe. Rejecting the invitation ...

- Using examples of relevant case law, distinguished between the following types of contract.
- Bilateral a and Unilateral contracts
Contracts can either be bilateral or unilateral in nature. The bilateral contracts are the most common contracts and refer to agreements whereby each of the contractual parties make a promise to the other party. For instance, in a contract for the sale of a car, the buyer promises to pay the seller £200,000 in exchange for the seller’s promise to deliver the title to the property. A unilateral contract on the other hand only involves one party to the ...

There was an external intrusion into the Sony PlayStation Network (PSN) in 2011 April 20th. There was a data breach on Qriocity music and video service because of this instance. Soy server which was located in San Diego data center was remotely accessed by the hackers. The systems users were informed of the instance after the network was shut down.
There were unusual activities of the servers in San Diego where the servers were re-booting when they were not scheduled to reboot on 19th April. This resulted into an internal forensic investigation on the servers after putting offline four ...

Business Law 201

Question one:

Question two:
Joint and several contract because several people (study team) has agreed to pay the fees to the tutor.
Question three:
Doctor Kut Wright can only recover up to a maximum of $800 for the benefit extended to Henry. Though the contract was unenforceable since it was not entered into, Wright is entitled to compensation for the costs incurred for missing his flight amounting to $400 and the reasonable amount of $400 for the one hour. It is clear that the requirements of recovery for quasi-contracts were met since the doctor was in reasonable ...

Pauly’s Property Management Services, a property management company that leased Craig Crocodiles Inc., the warehouse and office space intends to sue for an alleged breach of the lease contract and has notified Craig’s lawyers. Before examination of the probability of any liability on the part of Craig for terminating the lease as signed, it is imperative to look into the details of the lease. It is clear that the company leased both the warehouse and the office for three years beginning January 1st 2008. It was, therefore, expected that the same lease would terminate on January 1st 2011. ...

The Great Atlantic Railroad Company problem

Statutory Issue: Whether the contract between Great Atlantic Railroad Company and the Italian workers is binding upon them or considered as a violation of Act of 1885.
If I were to give legal advice to the Great Atlantic R.R. Co., I will recommend that the subsequent terms and conditions that are included in individual contracts entered between the Italian workers and the company should be declared void and have no effect. Although Section 1 of Act 1885 stated that the law cannot be made applicable to transactions entered prior to the passage of the act, it can be gleaned ...

Cleveland v. Harrison Manufacturing

As the lawyer for the defendant, the impact of the Cleveland decision will relieve the defendant from any liability to Ms. Plaintiff. The issue in this case is whether or not defendant is liable to Ms. Plaintiff for selling a product that is unfit for use as a mouth guard designed for boxing. Basic is the rule that the plaintiff who suffered negligence by using a product must be able to prove that he suffered damage from the failure of the defendant to fulfill an expected standard of care in the creation of a product.
Ms. Plaintiff can file a successful claim against ...

Facts

The case concerns the contractor and Patrick who is the owner over an alleged contract breach on the renovation of a house belonging to the owner. Under the contract, there was a clause stating that the contractor would have to pay a fixed and liquidated damages without proof of loss, a sum equal to 35% of the full contract price and also pay the cost incurred on the attorney and the court cost. The plaintiff sued the contractor for the return of his deposit ($5000) while the defendant counterclaimed for $36,102 and attorney fees. The trial court concluded that the owner had ...

Business

Introduction
Contracts are legal binding agreement that brings two or more parties together. The law of contracts is very vital to people involved in entering the contract. For example, when one decides to buy an item from the supplier with some terms and conditions in place, they may decide to sign a contract depending on the mode of payment. Contracts need not to be in writing, but parties involved may decide to do so. Only people above the age of 18 are allowed to sign a contract. Contracts do have benefits and damages to the parties involved and more importantly, ...

Introduction

Mobile phones are electronic devices that enhance communication and as norm electronic devices incorporate signals send and received by use of electric charges. The flow of electricity in any device results to some heat that majorly results from leakages of charges. These productions of heat calls for the use of rubber in making the sensitive parts of electronic devices, mobile phones included. The most commonly used rubber is silicon due to the fact that it resists both flame and water in addition to its softness. Rubber is a non-conductor of electricity and is preferred to plastic as an insulator. When ...

Question 1

Contractual capacity is the legal ability of a person to enter into contract. The capacity requires one to be of 18 years, sound mind and undue influence (Miller, 2008). The contractual capacity entails people who are not under the influence drugs or any harmful substances and should be ready to abide the terms of the contract.

Question 2

One of the conditions that defeat the contractual capacity is intoxicated persons. This is ability of a person not being able to sign a contract in his right self and not able to comprehend the consequences of the contract. The other thing that can defeat the ...

Question 1

The elements of negligence include the duty of care which involves taking reasonable precaution to reduce harm. Breach of duty indicates that lack of reasonable precaution leads to the breach of the initial duty of care (Miller & Jentz, 2010). Factual causation involves proving that there has been negligence while the last element is the damages payable to the plaintiff.

Question 2

Causation indicates the coexistence of causes and effects of the activity which are required to be proved in a court of law. It is necessary to prove causation as it indicates the relation between of the activity being claimed and its ...

- What are the ethical issues in this case?
There are different ethical issues evident within the BP Oil Spill case. In the case study the main ethical issue is the impact the oil spill had on mental health of various stakeholders. Despite the significant impact of the spill on the mental health of various people, the organization responsible, British Petroleum, did not take the right measures. Therefore, other than the consequence of the oil spill on the mental health being an ethical issue, the other ethical issue is the lack of response on the same despite the ...

Business Law Case Analysis

FACTS
Green initiated a construction plan of thirty four homes in lee on March of 2004. The homes were to be known as Thurston Woods. In order to construct chimneys for the homes, Green signed a contract with Birch Masonry; experts in chimney constructions. Middlesex Mutual insured all construction works done by Birch Masonry thus assuming liability in case of any liabilities as stipulated in the contract signed between Birch Masonry and their clients. Therefore, in order to do business with Green, Birch ordered their insurer to add Green to the policy as an additional named insured. Mutual complied with ...

Kansas Supreme Court- Case # No. 102, 100 Evenson v. Lilley
Mark Evenson and Janis Evenson v. Tim Lilley, No. 102, 100.

The Evensons owned 160 acres of property in Greenwood County. In the property, there were several pine and fruit trees, other trees and some buildings.

Part of the property was leased while the other was used for camping, hunting and other leisure activities.

Tim Lilley had leased the property bordering.
He started fire on it which he intended to control but lost control of it thereby spreading to Evensons’ property.
The fire destroyed some buildings and some trees. The Evensons subsequently filed a suit claiming damages of up to $75, 000.

Lilley had accepted liability and the issue for determination by the District Court was the quantum of damages.

The Evensons wanted ...

Question one:

A contract can simply be defined as a legally enforceable agreement. Legal enforceability denotes the existence of certain legal requirements whose absence will have an adverse effect on the enforceability of the contract. These requirements are what may be referred to as the elements of a contract and absence of any one of these elements may inevitably result in the contract being declared invalid by a court of law. There are various elements of a contract and these inter alia are: offer, acceptance, consideration, capacity, legality, lawful objective and consideration. While all these elements are important for any business that regularly gets into ...

Distinguish between slander, libel, defamation, deceit, and trade slander, indicating the instances each would apply and the significance of the dissimilarity.
For a statement to be actionable and considered to be defamation, it has to be published, false, and derogatory and must refer to a specific person. If it refers to a group of people, it is not defamation. A defaming statement cannot be complimentary even if not true. It must also have the effect of disadvantaging the individual, in that it has to be told to a third party possibly the media causing other people to avoid the plaintiff.
Slander ...

Executive summary

Special purpose financial statements that are conventionally provided by small businesses usually offer limited information in both quality and quantity. The main reason behind this is the freedom in reporting that small businesses have. Consequently, lenders have to be careful when using these statements in lending decisions. As a small business, Boat Builders Pty Ltd’s financial statements may not be in a good state as provided to be used in a lending decision. A critical evaluation of whether they represent the true status and performance of this business is necessary before a detailed financial analysis is done. A number of concerns arise ...

1).
Underwriter model exists where a company contracts another financial institution to offer its securities for sale to interested investors the risk associated with this is the company issuing its securities will have to pay the financial institution some commission which might end up reducing the expected amount by the issuing company and is more riskier if the two parties don’t agree on a eat stock status which might see the issuing company get back it unsold securities. The investment model is where by the issuing company decides to sell its securities directly to the investors the risk with ...

The option I would recommend for the purpose of securing IVK would have been option number three which involves creating the mirror site out of the developing files while shutting the original system down then rebuilding it when the mirror site is already running well (“Damage” p.179). Though it would be costly, I would recommend more allocation of funds for the project so as to prevent future security problems since they ruin the company and incur more costs that what can be spent. In addition, I would prefer this strategy since it does not involve shutting down the company ...

Here, the plaintiff is the fired employee Mr. Bilbo Baggins and the defendant is Orc Industries. This memorandum presumes that Mr. Baggins wants to bring a case of “wrongful dismissal” against Orc Industries and in such a scenario; this paper gives the likely outcome of the case. This junior counsel feels that the following may be important.
1. Saskatchewan provincial laws shall be applicable. In Canada, laws differ slightly from province to province.
2. Bilbo’s tenure with Orc industries is not even 6 months old.
3. Before joining Orc Industries, Bilbo had been self-employed in the same ...

The Sale of Goods Act 1979 cap 54 is an Act of the Parliament in the United Kingdom. It regulates UK commercial law as well as English contract law. This concerns the goods that are bought and sold. The Act compresses the original act regarding the sale of goods Act of 1983. Subsequent legislation codified the Act with minor statutory changes being made since 1979 (Ramanatha &Venkoba , 1988).
The Act is applicable to contracts. In these contracts, property in goods is transferred for a financial consideration. Breach of contract between the buyer and the seller is actionable in a ...

Knarles and Barkley Case Study

Liabilities under Contract Law
Chetum vs Knarles & Barkley
Fact: Knarles wants to repudiate a contract between Chetum and Barkley.

Issue: Breach of contract. Chetum entered into a contract with Barkley that Knarles, Barkley’s father and business partner, refuses to accept. Does Knarles repudiation of the contract constitute a breach of contract?

Rule of Law: A contract must have the following elements in order to be enforceable: (1) mutual consent, manifested by offer and acceptance, (2) consideration, (3) legality of object, and (4) capable parties (Calamari and Perillo, 1998).
Application: Barkley sent a contract (offer), which Chetum signed (acceptance), ...

1. To what extent could Phoenix’s liability have been avoided had it documented Wilson’s alleged inability to perform required tasks on the new computer system? In your opinion, is Phoenix required to wait until Wilson makes a costly mistake before concluding that he cannot perform the functions of the job? Are there alternatives short of waiting for a mistake?
James Wilson has been employed by Phoenix Specialty Manufacturing Company a family business that manufactures specialty washers used in aircrafts. However, the company asserts that Wilson’s employment was terminated due two reasons. The first reason was that Wilson had ...

Introduction

Stroke which is also known as “brain attack” or “cerebral vascular accident” is a situation whereby the brain cells are being deprived of oxygen. It could either be hemorrhagic or ischemic. Hemorrhagic type occur when there are bleeding from damage brain blood vessels while ischemic occur from shortage of blood flow to the brain. Since it is the blood that carries the oxygen, any shortage of the required amount of blood leads to shortage of oxygen (Cruz-Flores). The effects of these problems with the blood supply are dependent on the affected side. The part of the brain that is deprived ...

1. Which of the four privacy torts are involved with regard to this case? Is this a case of libel?

Libels as well with the invasion of privacy are two very important issues in communication law. Libel denotes to anything falsely printed and observed communication created of an individual with the intent to denigrate that individual. It is a printed depiction transmitting an unfair and inauspicious notion primed with the aim of spoiling an individual's repute. If the accused is capable of illustrating that the derogatory proclamation is fundamentally accurate, then the claimant's claim for libel will be unsuccessful. The publication requires solely be to a single individual, however it ought to be a declaration which declares to be reality, and is ...

The establishment of a legal entity that is detached from the individual entities of the individuals for the purposes of conducting business as a group is known as incorporation.1 It is a simple and voluntary act which is ideal for small enterprises that is an alternative to forming a company that is limited by guarantee or a co-operative. With the incorporation of a company come certain advantages and responsibilities as defined by the Australian Law. The individuals who chose to form an incorporated association are not entitled to use the profits accrued in the process of conducting the business for personal gain.
There are ...

Abstract

In most jurisdictions, tort is regarded a civil wrong but under certain circumstances it is also regarded as a criminal case e.g. in cases of assault. In legal circles it acts as a basis for an action of a lawsuit. Torts are categorised under the law of obligations. Duties that fall under tort law are regarded as a necessary requirement for all citizens unlike voluntary obligations imposed under contracts. If a person commits a tortious act, then in legal term for the person is a Tortfeasor. Tortious acts include breach of duties imposed under statutory laws, negligence, inflicting bodily harm to other persons, property, or infringement on ...

Financial Contracting

Introduction

According to Hart, (2001), financial contracting refers to the theory where there is a compromise between the investor and the entrepreneur in matters relating to running the business. An entrepreneur can obtain capital from various sources that are: personal savings, angel, venture, private, banks, and credit unions. In this paper, the source of capital is venture capital financing which is whereby an investor provides capital to a start up entrepreneur that has no operating history. However, Ellingsen & Kristiansen, (2010), proved that financial contracts might prove disadvantageous to one party hence the need to select a specific type of financial contract that ...

How this scenario relates to an area of law taught in Introduction to Business Law

The tort of negligence is the area of law which this scenario relates to. LMS has threatened to seek legal action against Chuan & Associates to recover damages for the harm suffered because of the approval of financial statements which had material misstatements by the audit firm. Everything 4 Less Limited (E4L) acquisition was a decision based on the information contained in those financial statements and LMS suffered financial loss by relying on them. The statements had overstated the value of the company’s inventories, and this had increased the value of the company during the bid and subsequent acquisition.

The legally important facts in the scenario

...

Calculate & analyze current ratios and acid test

Financial ratios are an integral part of any business, which help to quantify various aspects of company’s operations and performance. When making a decision on the loan, creditors usually consider liquidity ratios in their analysis. Such ratios help to understand whether the company is able to repay its debt by converting its short-term non-cash assets into cash. The higher liquidity ratios are, the safer it is to give loans to this company. Current ratio and acid-test ratio are among the most commonly used ratios for liquidity analysis. Current ratio can be calculated as a ratio of current assets to current ...

The Case is being contended under four criterions; the first criteria being, whether there could be a triable issue of existence as to whether the employee was under employment during the occurrence of the accident that caused the injuries. In this respect, when a judgmental summary is appropriately adhered to, the court has an obligation to establish as to whether there is an issue to be tried. If it is determined that no triable issue of fact is in existence, it is the duty of the court to opt for contending the case using the law.

The second criterion is as ...

According to the rule of law under contracts, where services are rendered by one person for another and are knowingly and voluntarily accepted, the law presumes that such services are given and received in expectation of being paid for and that they will imply a promise to pay what they are reasonably worth. Similar to this is the Nursing Care Services, Inc. v. Dobos where the defendant asserted that she was not obligated to pay the plaintiff for medical assistance services rendered because she had never asserted to the services. However, contracts implied in law are imposed on the grounds ...

Is there a valid contract between the parties or May Jones legally have the contract declared as not valid?

For a contract to be valid, it should contain parties competent of contracting, approval of the parties, a legitimate objective, and consideration (Swartz 23).Jones went into a contract with defendants knowing of the special clauses within the contract. There was consent, there was competency, and there was a legitimate objective and consideration. Therefore, the contract was valid. However, a contract relating to a minor (a person under 18) might be implemented or annulled by the minor, except for the contract being for basic requirements for instance foodstuff, accommodation, of which one might be held accountable for the rational price of what was acquired. From the ...

The appeals court should rule in favor of the defendant, Jewett. This ruling is arrived at by the use of the primary assumption of risk doctrine. The particulars of the case point at an implied assumption of risk by the plaintiff. By getting into a session of an active sport, the plaintiff could not claim any duty of care owed to her by the defendant during the active sport event.

Knight bases her claim on the legal doctrine of negligence. She claims that the defendant owed her a reasonable duty of care during the game of touch football. She claims that ...

Lowell Bray, The Plaintiff, filed an appeal in the Douglas County District Court asking for damages for injuries protracted when he skidded on ice on defendant's grounds. In its adjusted answer, the defendant, Kate Inc on behalf of Stockade Restaurant & Lounge, denied the petition's allegations and alleged that plaintiff was contributory negligent in failing to keep a proper lookout and in walking in such a manner that he lost his balance. It additionally claimed that plaintiff willingly presumed the risk of whatever hazardous condition existed.

Evidence presented by the plaintiff at trial illustrated that the Millard area in Douglas County, ...

Answer # 1

The main purpose of Saturn Corporation is to become profitable in the market, however, it is essential for the underlying company to manage its cost effectively in order to become profitable.
It is central for any organization to reform its functions in general in order to cater the provisions of the business effectively. In this context, Saturn Corporation is expected to employ measures that could make it unique from its competitors. Particularly addressing the case scenario, there are several factors and issues that the vehicle transportation team of the underlying company must consider in the process of selection. Some ...

Material Facts

Jodee acquired a mobile phone from Right Phone Pty Limited. The phones that are supplied by Right Phone are usually manufactured abroad and then imported into the country by a company known as Viking Pty Limited. Right Phone then acquires the phones from this importer and supplies them to consumers. In supplying the phones, Right Phone requires consumers to sign a contract where they agree to pay a certain figure (the price of the phone) and a network connection fee which is paid monthly. The consumer after acquiring the phone pays for services such as phone calls on top ...

Issues

This case concerns the analysis of the validity of the offer and its acceptance under the terms and rules of the contract law made in different forms by virtue of the advertisements in the newspaper.

Contractual relations are comprised out of two primary pillars as the offer and acceptance. In fact, the one party to the contractual relations should provide the other one with the offer. In case the second party accepts this offer this implies that these people have entered into the legal and binding relations. Given the merits of the case, one may see that Philip plays ...

Individual Tax Case Study

Facts
Age: 60
Marital status: Single
Bob recently retired from IBM and has $690,000 available from his 401(k) fund. He plans on using the money to open a used car business. The business will be located at 210 Ocean View Drive in Pensacola, Florida. The estimated taxable income from the business might be $300,000. Bob’s individual wealth including investments in stocks, bonds, and land is approximately $14,000,000. Last year, Bob reported a dividend income of $6,000 and an interest income of $20,000. The $14,000,000 comprises of land worth $9, ...