DECISION: Affirmed in favor of appellee (Durham). Refund of purchase price affirmed. DISCUSSION: Appellants claim that there was evidence that they held good title or at leas voidable title and therefore had the right to sell. Court finds it unequivocal that a person who has goods of another cannot pass title whether such other knew or did not know that goods were stolen. It is undisputed that the automobile is stolen and title is void.
“Closing” means the consummation of the transaction that this Agreement contemplates. “Closing Date” has the meaning assigned to it in Section 2.3. “Car” means the red 20XX Acura. Article 2 -- Purchase and Sale 2.1 Purchase and Sale. At closing, the Seller shall sell the Car to the Buyer, and the Buyer shall purchase the Car from the Seller.
DISTRICT COURT STATE OF OHIO NO. CIV. 01-388 JANE WHITE Plaintiff, v. JEFFREY CAULKIN Defendant, v. SAGE RENT-A-CAR, INC. BRIEF IN SUPPORT OF MOTION TO DISMISS QUESTION PRESENTED Under Civil Rule 12(b)(6), Whether a self-insured lessor can still be liable for a lessee’s negligence in an automobile accident? STATEMENT OF CASE Our client, Sage Rent-A-Car, Inc. filed a surety bond with the Registrar of Motor Vehicles and is self-insured under R.C. 4509.72.
What were they? The two damages that the family recovered from Ford were compensatory damages and punitive damages. Compensatory damages is the amount of money that the court believes will restore him to the position he was in before the defendant’s conduct caused an injury. This damage is rewarded to the family because Ford acted with factual. The car wouldn’t have “engulfed in a ball of fire” if Ford would have made the gas tank safer.
Compensatory damages attempt to compensate the non-breaching party for the loss of the bargain. To determine the amount of compensatory damages you have to determine the loss of value suffered as a result of the breach. Loss of value is measured differently according to what type of contract was breached. II. Brent enters into a contract to purchase a car from Slick Willy's Auto Sales.
3. If so, are magic Zillions liable for any of Mr Laurent’s injuries? 4. Is Bella liable for any of Mr Laurent’s injuries? LAW: Statute: Partnership Act 1891 (Qld) s5: Carrying on a business with a view of profits s6: Determining the existence of partnerships s8: Power to bind firm s12: Liabilities of partners s13: Liability of the firm for wrongs s20: Liabilities of incoming partner Common Law: Canny Gabriel Castle Jackson Advertising Pty Ltd v Volume Sales Pty Ltd (1974) – ‘carrying on a business in common with a view of profit’ Khan v Miah (2000) - ‘a view to profit’ Molinas v Smith (1932) - ‘binding on partnerships.’ Polkinghorne v Holland (1934) - ‘partners liable joint and severally’ Lloyd v Grace, Smith & Co (1912) - ‘partners liable joint and severally’ APPLICATION The Partnership Act defines a partnership as “the relation which subsists between persons carrying on a business in common with a view of profit”.
This report aims to assess whether Geely can make two companies win-win. 2.0 Introduction In 1999, Volvo sold its car division Volvo Cars to Ford Motor Company for $6.45 billion. But Volvo had dropped profits remarkably since the finance crisis in 2008 and Ford couldn’t relive it so that Ford decided to sell its interest in Volvo Cars. Can Geely finish the mission that Ford had not done? 3.0 Basic situation of Geely's acquisition of Volvo Geely is China's top ten enterprises of automobile industry, entered the car in the field in 1997with the total assets of over 14000000000 yuan.
After the war Herbert Austin decided on a one-model policy based on the 3620 cc 20 hp engine. Versions included cars, commercials and even a tractor, but sales volumes were never enough to fill the vast factory built during wartime. The company went into receivership in 1921 but rose again after financial restructuring. Though Herbert Austin remained chairman he was no longer managing director and from that time decisions were made by committee. [1] Critical to the recovery was the appointment in 1922 of a new finance director, Ernest Payton with the backing of the Midland Bank, and a new works director in charge of car production, Carl Engelbach, at the insistence of the creditors' committee.
In the light of reported case law and other sources of law, advise Joanne as to whether there was a misrepresentation. Misrepresentation occurs when a statement which is meant to be taken as fact, is actually false. Joanne is a victim of misrepresentation after she was sold a book by Harold defined as a ‘first edition’ for £1,500, she found out years later that the book was not a first edition. In this assignment I shall go further into depth into the concept of misrepresentation, whether Harold was to blame (In the case facts Harold was sold the book originally as a first edition, however he knew the car boot sale was notorious for selling fake first editions) and finally what are the legal options Joanne has and is she entitled to compensation. There are four different types of misrepresentation – Fraudulent, negligent, innocent and misrepresentation under the Misrepresentation Act 1967.
The defence of Mistake of Fact is sometimes allowed as a valid defence because, although the defendant has committed the actus reus o the offense, the defendant may honestly belive in a set of facts that would prevent him or hr from forming the mens rea required to constitute the crime. R v Adey, 2001 NFLd Facts/evidence: Mr. Adey bought a stolen satellite dish from a person he did not know at the Viking Mall located in St.Anthony. He purchased the dish for $15 and had it set up at his home. This satellite dish had originally been purchased by Mr. Todd Russell in St. John's. He paid $349 +tax for the dish.