) A mechanics lien are commonly used by subcontractors and suppliers, in this case Rupert would be the subcontractor for Clyde. Clyde could be force to sell his home to pay for the mechanics lien, or pay twice as much than he was originally obligated to pay because of legal fees accrued. Rupert cannot enforce the $200 tune up through a mechanic’s lien, but he can place a lien on Clyde’s property for the $20,000 promised to build the detached garage. This lien places a legal claim against the property that has been built, improved or remodeled. In order to collect the $200 promised for the tune up on Clyde’s car, Rupert will have to file a separate case through small claims court to try and recover the $200. The fees to file this case could
exceed the original $200, it might not be worth taking this case to court. There are some steps involved in filing a mechanic’s lien and getting it approved; • File a mechanic’s lien in the county where the work was done. • The Rupert has 2-6 months to try and work it out with Clyde. • Must provide notice of what was being contributed (detached garage) within 30 days of the contribution. • If the lawsuit is not filed in time, some states will not let you pursue it any further
This case study examines various real estate contracts – the Real Estate Purchase Contract (REPC) and two addendums labeled Addendum No. 1 and Addendum No. 2 – pertaining to the sale of 1234 Cul-de-sac Lane in Orem, Utah. The buyers in this contract are 17 year old Jon D’Man and 21 year old Marsha Mello; the seller is Boren T. Deal. The first contract created was Jon and Marsha’s offer to purchase Boren’s house. This contract was created using the RESC form, which was likely provided by their real estate agent as it is the required form for real estate transactions according to Utah state law. The seller originally listed the house on a Multiple Listing Service (MLS); Jon and Marsha agreed that the asking price was too high for the neighborhood (although we are not given the actual listing price), and agreed to offer two-hundred and seven-thousand dollars ($207,000) and an Earnest Money Deposit of five-thousand dollars ($5,000). Additionally, the buyers requested that the seller pay 3% which includes the title insurance and property taxes. After the REPC form was drafted, the two addendums were created. Addendum No. 1 is from the seller back to the buyer, and Addendum No. 2 is the buyer’s counteroffer to the seller.
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.
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.
...useless car to a junk yard to recover some loss, but the difference of the re-sale of the junk-car would be a significant loss. Though there were no adequate assurances to the contract, anticipatory repudiation is the only probable remedy for Jack. However, the outcome would weigh on the predominant factor test, which is met because Tom is covered as a merchant because he is operating in his usual daily business, and Jack is the buyer. The sole purpose of the contract was for Tom to sell Jack a car, and for Jack to buy a car from Tom. The UCC, though less stringent than the statute of frauds, does effectively regulate commercial transfers allowing the free market to operate without diminishing the integrity of trade.
However, the fourth element, which is "legal object," may not be satisfied between Sam and the chain store because there was nothing in writing, nothing was “drawn.” An oral promise would make the contract invalid if the completion of that promise will take more than a year from the date of agreement. However, if the chain store has written proof confirming Sam 's promise, for example, advertisements, invoices that the store only prepares in the regular course of business after an oral promise for a product delivery has been made, a court may consider Sam 's oral promise legally binding. Then it would be considered a "primary obligation" (since there was a debt incurred in anticipation of the sale of his invention at their stores). In that event, the contract does not need to be in writing to be enforced since primary obligations are not within the statute of frauds. So if the chain store does not get their 1000
1 Determine if bankruptcy is the best option for you. Bankruptcy should be considered your last option, and should only be used if you have exhausted all other possibilities.
We are writing you today to request that you reduce you lien by 50%. We understand that this is a significant reduction and we ask for this reduction for two reasons. One, in negotiating Mrs. Dunn’s
There’s a lot more to being in debt aside from the fact that you owe more than you currently own. In addition to having balances that you need to pay, you also have to deal with calls from collectors or reminders that the bill is overdue — every single day. This alone is enough of a nuisance to make one want to run away from the debt and forget about it. Fortunately, there are ways to solve the problem of debt. One of these is debt settlement.
The purpose of this assignment is to review the case of the United States v. 2007 Custom Motorcycle. This case is about the ownership of a motor vehicle and who has the ultimate possession/control over it. This case was found in chapter 10, page 308 and 309 in the Sales and Lease Contracts section of the textbook.
The plaintiff firm of surveyors bought a second-hand Rolls Royce from the defendants which developed serious defects after 2,000. It was held that the firm was acting as a consumer and that to buy in the course of a business 'the buying of cars must form at the very least an integral part of the buyer's business or a necessary incidental thereto'. It was emphasised that only in those circumstances could the buyer be said to be on equal footing with his seller in terms of bargaining strength.
Selling receivable before its maturity date to financial institutions or factoring companies is one of the company’s strategies to obtain an immediate cash and make company’s operating cycle becomes shorter. For providing this service, the financial institution or factoring company requires a compensation such as interest, commission fee, and other requirements to secure the transaction. Consequently, the amount of money received by the company, as a seller or transferor, less than the face value of the account receivable, or it purchases at discount. Selling receivable transaction can be executed either without recourse in which the transferor has no obligation for uncollectible receivables or with recourse in which the transferor has full responsibility for any uncollectible receivables.
Many people are unaware just how much auto-repair fraud, or “garage fraud” takes place. It can take place anywhere from service stations who may perform light mechanic work, to a Garage which may fix tires, brakes, shocks, or transmissions. People can be taken advantage of in “garage fraud” in many ways. One way this can happen is by an attendant lying about labor, or the actual amount of time he spent on your vehicle. Another method is by huge markups on replacement parts, or cleaning and painting your old part and selling it back to you. Lastly, the attendant may lie about what is actually wrong with your car and charge you for something far more expensive.
The issue in this case is whether there is a legally binding contract between Roland and Bernie. The things that needs to be considered is whether there is an agreement between Roland and Bernie. If there is an offer and acceptance, then there is an existence of agreement. According to Section 2(a) of the Contract Act 1950, offer can be defines as when one person implies his/her willingness to another in order to acquire their consent. (Abdullah et al, 2011) The person who make the offer is known as ‘offeror’ or ‘promisor’. (Lee and Detta, 2009) An offer can be made in the method of orally, by conduct, writing or by the mixture of these forms. An offer must require an effective communication with offeree. The formation of contract when offeree accepted the proposal. (Dass, 2005)
What is actually considered a valid contract? The first issue we must look at in this contract dispute is to determine if there is even a valid contract. A valid contract has three basic elements an offer, an acceptance and consideration. If a contract meets your states requirements for a binding legal agreement, you are generally bound by that contract. The essential terms of a contract identify the parties to the contract, subject matter of the contract, contract price, and the time for performance of the contract. Intent to establish a contract must be definite and evident. Basically, it’s clear that you and the other person intended to enter a contract. If a contract appears to be binding and enforceable on its surface, that contract maybe
I have been deceived many times personally, academically, and professionally, unfortunately. About a month ago, I hit a curb while driving to work. After hitting the curb my car began making a seriously bad sound and shake as I increased speed. My fiancé and I, neither one of us car mechanics, decided to take my car to a local shop and get a full body checkup to determine what maintenance was required to fix the sound and shakiness. Afterwards, we were told my car needed roughly $2,500 of work to “hopefully” fix the problem. Knowing we didn’t have $2,500, we decided to have a friend look at it. In the end, I had a dented rim, about a $60 fix. Although it was good to see what maintenance things we needed to improve the quality of my car,