Stein should sue. Alternately, if Stein wants to sue Gortino for fraud to cancel the sale or come up with a different settlement, she can do that. Discussion 2: How does this doctrine act as an exception to the elements and requirements of a contract? This doctrine can act as an exception because, according to Reinstatement Section 90, the promise doesn't have to be "so comprehensive in scope as to meet the requirements of an offer that would create a binding contract if accepted by the promisee" ("Hoffman v. Red," 1967). Also, the promissor has to expect that, upon the promise, it will induce action by the promisee.
E&Y reasoned this as it creates an exception to the general rule of reserving for expected future product returns at the gross sales price and deferring the recognition of an equal amount of revenue. This justification is invalid. The company’s customers are not “ultimate customers,” but are wholesalers that sold their product to retailers. In addition, Medicis’s returns were not returns of products in exchange for products of “the same kind, quality, and price,” but of unsalable product for
1204, 163 L.Ed.2d 1038 Rule – illegally high interest rate, but Buckeye appealed that this should be settled by an arbitrator as listed in the contract Analysis – they included the arbitration in the contract, so that is how it should be settled Conclusion – Finally the supreme court agreed that it should be arbitrated because Cardegna was not appealing the arbitration part of the contract. Case 2.3 Issues – Plaintiff – NCR Corp. Defendant – Korala Associates, Ltd. United States Court of Appeals, Sixth Circuit, 2008. 512 F.3d 807. Rule – unauthorized copying, but KAL moved to compel arvitration under the terms of a 1998 agreement.
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.
SEC believes that the removal of this item from Groupon results of operations creates a non-GAAP measure that is potentially misleading to readers. I agree with the SEC’s perspective of Groupon’s usage of ACSOI mislead the readers and its marketing cost should be considered as a recurring operating cash expenditure of the company. It is because according to CON6 characteristics of an expense is that actual or expected cash outflows or the equivalent that have occurred or will eventuate as a result
In this fact scenario Davey Jones' had contractual rights under the common law. In your assignment you should have discussed what impact the "as is" provision would have had on the parties. From Davey Jones' perspective, there should have been discussion regarding whether there were any representations made to him about the ship, such as, did it have low nautical kilometers or whether it was of good, fair or poor quality? Whether or not there has been a breach of an implied term that the ship will function as it should will be determined by the nature of the failure of the ship, if any. One needs to consider whether the sinking of the ship was an isolated event that was easily corrected, or whether it was a serious flaw that would require costly repairs.
leaving no quantity term. Other important material terms other than the termination clause may also be knocked out, leaving a contract much different than what the parties expected or intended.” The court ruled, “However, it is clear that JCI’s purchase orders were offers and they were accepted by Onics. Therefore, the terms of those offers became the terms of the agreement, including the term allowing JCI to terminate the agreements ("Q.c. onics, ventures,,").” References Q.C. onics,
In particular, what is the value of the participating preferred feature to the RSC syndicate? The PCPT guarantees RSC will profit nicely if Metapath is sold or goes public. Metapath will then give preferential treatment to RSC over the money which was raised earlier in the C & D tranches. Is this fair to the C & D tranches…? What are the risks to the Metapath shareholders if the board accepts the RSC offer?
Why Use BATNA (Best Alternative to a Negotiated Agreement)? By Edrie Greer, Ph.D., Global Knowledge Instructor Negotiation is one of the oldest problem-solving methods in the world. It's a basic means of getting what you want, when you and the opposing side share some common interests yet differ in others. A good negotiation method should protect you from making a bad agreement or rejecting one that you should accept. For example, if you implement a bottom line – by establishing in advance your worst acceptable outcome, such as the lowest price you'd accept for an item you're selling – you're limiting your options if circumstances should change during the negotiation, and you may not get the best possible agreement.
The first issue is whether the advertisement constitutes an offer or an invitation to treat. An offer can be defined as statement of the terms on which an offeror agrees to be bound, whereas an invitation to treat lacks any contractual significance. Does the advertisement demonstrate a clear willingness to be bound without any need or desire to prolong negotiations? On the one hand, it may constitute an invitation to treat because the price stated, implied that it invited different bids as it said "or nearest offer". It is unlikely that a buyer would come forward without an internal inspection of the camera and in general, an advertisement is normally considered to be a means of generating interest rather than a final stage before a contract is concluded.