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Causation in liquidated damages
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In my opinion, I think Mr. Anderson should pay the 92,00 claim. Mr. Anderson is a business man and he should know that reading a contract in its entirety is a must. So, that if anything noted needed to be replaced, missing or written an error should be rewritten and finalized. Mr. Anderson should have known that when guidelines or placed in a contract the guide will be enforced. But, base off of Chapter 18 the judge should allow the new evidence base on Parole Evidence Rule. Per Fred Stein Wabash’s general manager signed on a crumpled paper,” no, “hard and fast deadline on Anderson’s brick work. Fred Stein also stated Mr. Anderson had to ask for more time if needed. Now, the question is did he ask for more time? Negatively, a liquidated clause
The lower court dismissed plaintiff’s claims because plaintiff was an “at will” employee. After Laduzinski appealed, the issues were whether the complaint stated a cause of action for fraudulent inducement, despite that Laduzinski was an at-will employee; and whether the alleged misrepresentations were actionable statements of present fact or non-actionable future promises. The contract between the Alvarez Companies and Laduzinski carried the certain elements of a basic contract since there was an offer, an acceptance, and a consideration. Perez offered plaintiff a position with the Alvarez companies, adding that the company was interested in obtaining plaintiff's contacts to have Before Laduzinski accepted the offer, asked for a two-year contract; However, Perez told plaintiff that his position would be focused on managing the Alvarez companies' workload, since the Alvarez companies has "a lot of clients and were busy. " Laduzinski accepted defendants' offer of at-will employment and quit his job at J.P. Morgan.
4. Facts: It was the time of August in 1986, when William Geringer with his family was on vacation at the Wildhorn Ranch Resort located in Teller County, Colorado. Due to some defective Paddleboating boat two of the family members (William Geringer and his minor son Jared Geringer) were drowned. Mr. Watters, a defendant, was formerly the owner of the resort, but he stated that he handed over the possession to Wildhorn Ranch Inc. “The other defendant, Les Bretzke, was a contractor with an autonomous company that endow with repair services and repair construction to the resort.” During the whole trial the main focus was on the maintainability issues of
...e terms and conditions the job entailed. I believe that Wal-Mart did accommodate Pam Huber’s disability needs by suggesting to her a different position to work in due to her downfall. If the company caused for her accident then they should accommodate for her disability and keep Pam Huber in her position but due to the fact that the accident happened on her own terms I do not think the company should be reliable for her disability and therefore Pam Huber should either accept and make the most out of her situation or leave the company. Based on all these factors I am defiantly in agreement with Wal-Mart and the district courts decision on ruling summery judgment in favor of Pam Huber.
Procedural History: Claim was filed against decedent 's (Jack Tallas) estate to recover on written agreement to make the claimant (Peter Dementas) an heir for the amount of $50,000. The Third District Court of Salt Lake County held in favor for the estate. Dementas challenged the initial verdict in Utah’s Court of Appeals, Orme, J.. In this appeal, the court held that agreement was not an enforceable contract in that it constituted a promise for past services performed gratuitously.
This is a complex case, involving multiple parties and several variables that need to be examined thoroughly. The parties mentioned include Knarles operator of the facility maintenance company, his son Barkley, their employee, a licensed plumber, and Mr. Chetum. Although in the end Chetum is suing the facilities maintenance firm for a breach of contract, all factors must be examined to determine proper fault.
Marty Anderson was an employee for Family Auto Repair (FAR) in Memphis and was transfer to their Jackson store, which was an hour and a half from his house. The company allow Marty to use a company vehicle to make his long commute, although he had his own vehicle. The terms of the explicit permission to use the vehicle were: to and from work, during lunch breaks, and to deliver and transfer items between FAR’s two facilities either before work or on his way home. Marty Anderson became a victim of the dilemma when he fell asleep at the wheel and injured a man, Steve Spritzer, in the company vehicle, at a time when he did not have explicit permission to be using the vehicle. Marty Anderson’s case can be argued in his favor or in FAR’s favor,
Under these circumstances, the court agreed that Summit had no reason to know or suspect that Kellar was working before her shift. Kellar’s wage payment claim under Indiana law was derivative of her FLSA claim, it failed for the same reasons. Thus, the Seventh Circuit affirmed summary judgment on both claims in Summit’s favor.
Since the Court found that Jacob & Youngs had substantially preformed the contract, and that the cost to remedy to damages unreasonable, Kent is entitled to be compensated the difference in value between the reading manufacture pipe specified in the contract and the pipe that was actually installed.
Worker's Compensation is a service that provides reimbursement for lost wages to employees who have sustained injuries from work or work-related tasks. It is also one of the services that is most often the victim of fraud. Each of the three types of fraud, claimant, employer, and provider, is defined by the same characteristics, outlined by the Ohio Board of Workers Compensation:
Icarus’ store is facing bankruptcy and so he plans to file a fraudulent claim against his insurance company after setting fire to his own store. In order to do so, he hires Prometheus, an arsonist. Icarus knows there is a risk in burning down a building so he instructs Prometheus to set fire at 2 a.m. expecting no one to be around. Prometheus asked his partner, Daedalus to help set fire. Unfortunately, Prometheus used too much gas creating such a large fire that the lumber yard next to the store lit up too. Within the lumber yard, chemicals exploded causing the fire to spread to the seniors’ home next to it. As a result of the fire that started at Icarus’ store and ended at the seniors’ home, five seniors and Daedalus died, and
This case comes from the city of Happy Talk in the country of The United States of America. It concerns sexual discrimination in the work place that forced a woman, Betty Smith the plaintiff, to quit her secure job due to a hostile work environment that inflicted ill health upon the plaintiff. Specifically, she requests that the defendants, Cell Phone, Inc., pay her back wages that total 2 years of her standard pay, reinstate her to the job with a lighter workload, compensation for emotional mistreatment, and retroactive payment for the period of time when she worked for less. With these being the terms, the facts of the matter must be discussed in depth to see that a conclusion is reached that is both fair and reasonable. To put the decision
Once the judge has asked if you would like to speak to costs, stand up and state the amounts you are seeking and the authority for those amounts.
When negligent, reckless, or intentional actions on the part of one person or party results in someone’s death, a wrongful death claim may be filed in the state of New Hampshire. In short, a wrongful death claim can be thought of as a personal injury claim on behalf of someone who can no longer bring his or her own lawsuit to court.
Judith Ortiz Cofer is a Puerto Rican whose writing often examines the conflict and the beauty of cultures mixing together, as people immigrate to America. Though she exhibits a strong connection to her Latin heritage, she often seems to also resent that part of her life. There are many standards and expectations in the Puerto Rican society which Cofer writes to subvert, viewing them negatively. As a Puerto Rican woman, Cofer often disagrees with the limits and expectations placed on a woman in Puerto Rican society, and this attitude is the subject of much of her work. In “Claims,” the speaker describes “Grandmother.” Cofer uses this poem to illustrate a family and describe an individual, as well as telling the reader about parts of Puerto Rican culture, such as its views on women’s roles and on sexuality.
(Williams v Roffey 1990), Building contracts entered into an agreement with Shepherd bush housing association to refurbish some of their flats. Both the parties agreed to the amount which agreed to pay to the claimant but after 6 months or so the claimant realized that the promised price was not sufficient for them to complete the carpentry work within the mentioned time. The claimant asked the defendant to pay them extra money to finish the work with the time scale and the defendant agreed to pay them. After couple of weeks the claimant d...