b. Was there a misstatement of material fact? Yes, because it is information that influenced, in this case, the buyer into acting in a certain way or making a certain decision. c. Did Stein suffer a loss as a result of Gortino’s actions? There isn't enough information to decide if Stein suffered a loss.
In Ainsworth, the appellant alleged a breach of procedural fairness by the respondent and sought administrative law remedies. The court discharged the order nisi for writ of certiorari based on the fact that the report does not carry any legal effect; and discharge mandamus on the ground that granting such writ will not be beneficial to the appellant. Although certiorari and mandamus are inapplicable, the court exercised its inherent power to grant declaratory relief. The appellant was granted declaration relief due to its adverse practical effect on the reputation of the
The difference between Lack of consideration and failure of consideration is failure of consideration means there was a contract that failed for some reason. Lack of consideration there was not a contract to begin with. Rule The Court of Appeals, Orme, J., held that agreement was not enforceable contract. It was making a promise for past services for being nice. One cannot make a contract for past services.
Does Ken’s employment contract fall within the Statute of Frauds? Why or why not? No, Ken’s employment contract does not fall within the Statute of Frauds, because the contract was not in writing. The Statute of Frauds objective is to avert the likelihood of a nonexistent agreement between two parties ("The Free Dictionary By Farlex", 2014). The Statute of Frauds is also designed to confirm that, for specific types of contracts, there is dependable evidence of the contract and its terms (Miller & Jentz, 2010, p. 209).
Q: b. What could Kiffe have done in negotiating the contract to protect itself from this contingency? A: Kiffe must to add the force majeure clause in their contract to protect itself from this contingency. Because of this accident is unforeseeable. Under force majeure clause, Kiffe had no liable for this contingency.
Any arrests outside of the state would not be included as the date of failure. An additional limitation of the study is that it is possible that the relationship between drug treatment and reduced recidivism is due to unmeasured and unknown variables predicting both. The final limitation is that the research does not differentiate between in-program recidivism and post-program recidivism. Be able to differentiate between the two is necessary because of the probability that subjects behave differently when being directly supervised by the court. Despite the limitations found in the BCDTC, the findings of the research proved that subjects who participated in the DTC were less likely to be rearrested than the control group.
The first category of advertisements is not considered offers, while the latter is not. Because the Vehicle Code forces dealers to sell at advertised prices if the vehicle remains unsold and before the advertisement expires, the plaintiff is reasonable to take the ad as an offer. The court next considered if the mistake was genuine. The court finds that the defendant satisfied the requirements for a rescission of the contract. The significant error in price is a mistake regarding a basic assumption.
When a deductive argument is invalid, it is automatically considered unsound. Inductive arguments are judged on whether they are strong or weak. If the premises of an argument are considered to be true and the conclusion is not likely to be false, it is a strong argument. If there is a possibility that the conclusion may be false but the premises are still true, then the argument is weak. When an inductive argument is weak, it is automatically considered
There are four different types of misrepresentation – Fraudulent, negligent, innocent and misrepresentation under the Misrepresentation Act 1967. Fraudulent misrepresentation occurs when an individual knowingly and deliberately makes a false statement which is intended to entice (in this instance) the customer. Negligent misrepresentation occurs when someone makes a statement which they have reasonable grounds to believe is true, but is found to be untrue due to their lack of effort or sloppiness to keep up with the statements reliability. Innocent misrepresentation happens when a party makes a statement which they fully believe to be true and have made reasonable steps to acquire their knowledge, however the statement is untrue; In the case of Leaf v International Art Galleries 1950 Leaf bought a painting from International Art Galleries to find five years later that the painting was a fake, however it was such a good fake that International Galleries was none the wiser and sold the painting as an original and the court held that International Art selling the painting was an innocent misrepresentation. The
Hence when the purpose is not met then there is definitely a need for corrective measures. And this cannot be met if laws were meant to be rigid or fixed. The basic ultimatum of a law is to ensure that under all circumstances it serves its basic purpose. when a law does not seek to know the circumstance or the situation under which it has been over ruled, it cannot determine if a certain case has been found guilty. The reason being human activities are very much dependant on what he or she was subjected to at that instance.