D.V.G. (a minor) was injured in a one-car auto accident in Hoover, Alabama. The vehicle was covered by an insurance policy issued by Nationwide Mutual Insurance Co. Stan Brobston, D.V.G.’s attorney, accepted Nationwide’s offer of $50,000 on D.V.G.’s behalf. Before the settlement could be submitted to an Alabama state court for approval, D.V.G. died from injuries received in a second, unrelated auto accident. Nationwide argued that it was not bound to the settlement because a minor lacks the capacity to contract and so cannot enter into a binding settlement without court approval. Should Nationwide be bound to the settlement? Why or why not? (Cross 218) Issue “Is there evidence that prove D.V.G.’s capacity may be lacking or questionable?”
Northwestern spends too much on recruiting and education to see a majority of its employee leave before they are able to have a full career as a financial advisor. By paying their employees northwestern is able increase employee productivity, increase the employee’s lifespan at the company, which will increase the number of clients northwestern will have as well.
Statement of Assignment: You have asked me to prepare a legal memorandum on the question of whether our client can gain relief from intentional infliction of emotional distress occurring from witnessing a friend¡¦s child being injured by a vehicle that is out of control due to being driven at a high rate of speed through a school zone. Pursuant to your request, this memo includes an analysis of the relevant state and federal law.
Immar Medrano was employed as a journeyman electrician by Marshall Electrical Contracting, Inc. (MEC). Medrano attended an electrician apprenticeship night class at a community college. His tuition and books were paid for by MEC. One night, when Medrano was driving home from the class, a drunk driver crossed the centerline of U.S. Highway 65 and collided head-on with Medrano’s automobile. Medrano died in the accident. His wife and two children filed a workers’ compensation claim for death benefits against MEC. Medrano’s family should receive workers compensations since he was acting within the scope of his employment when he sustained injuries in the car crash that resulted in his death. This was in the scope of his employment since MEC paid
FACTS: Mr. Henningsen purchased Plymouth 1995, from a Chrysler dealership, which later on him and his wife sued. Mrs. Henningsen got injured while driving the car on the paved and smooth highway in New Jersey, when all of a sudden the plaintiff heard a loud noise underneath the hood and the car ran into the wall. The witnesses were present. The defendant in his defense brought up the "Conditions" part of contract, that there was a provision stating
A contract entered into with a minor is voidable. This means that a minor is able to cancel any contract at any time prior to reaching the age of majority and for a reasonable time afterwards. A minor can only avoid a contract during his minority status and only for a reasonable time after he reaches the age of majority. After a reasonable period of time, the contract is deemed to be ratified and cannot be avoided.
After the incident, I began doing some research on teenage car accidents at the advice of the officer who had responded to the scene. What I read about and learned was frightening. In 2008 over three thousand teen deaths occurred, either as a passenger or driver in a ...
The objective of paying our employees is to increase employee satisfaction and loyalty. Northwestern sends too much on recruiting and education to see a majority of its employee leave before they are able to have a full career as a financial advisor. By paying their employees northwestern is able increase employee productivity, increase the employee’s lifespan at the company, which will increase the number of clients northwestern will have as well.
Any act done or decision made on behalf of an individual deemed to lack the capacity (following a capacity assessment), must be done in their best interests, this can cover financial, health and social care decisions.
The dangers of the automobile are far more significant than you may believe, and you could be the one involved in making statistic numbers increase. When you are putting an undeveloped brain behind the wheel, they could leave your life at any moment of any day. Although they aren’t alone, teenage drivers are the most significant risk of automobile accidents for three key reasons. They are more likely to take risks, they lack driving experience, and the path to getting their driver’s license lacks any actual difficulty.
Introduction: Many teenagers get their permits and licenses between the ages of 16-18. However, those teenagers who get their permit or get their license don’t fully understand the risks of driving. In 2010, there was an estimated amount of 5,419,000 car accidents. Many accidents involved a driver influenced by alcohol and/or narcotics. Some accidents occurred do to people not paying attention to the road and others were because of bad weather or they lost control over the motorized vehicle.
One of the elements of a contract is contractual capacity. This means that for a contract to be legally binding the parties must have the capacity to comprehend and appreciate the terms of the contract. Minors, individuals who are mentally challenged, and those who are under the influence of intoxicating substances are not legally capable of forming binding contracts. The requirement of capacity helps prevent vulnerable members of society from being required by an agreement to take on risky obligations or unfair responsibilities that they probably are not able to fully understand. Someone who is intoxicated has their judgement impaired and therefore would lack rational judgement and the decision-making ability to negotiate a contract
A minor is a person below the age of majority. Under the Age of Majority Act 1971, the age of majority is 18. With regards to the minor’s contractual capacity, the general rule is that all contracts
One reason teens should be able to drive is because good drivers should not be penalized for the reckless driving of others. Although teens are the first name summoned upon when a reckless driver appears, it is not always a teenager speeding along the highway. Possibly, it's a businessman late for a meeting. There are mature teens out there on the road as well as immature teens. Every teen's parent worries about their children when they are handed the keys to their car. One worry is that when they arrive home, if they arrive home, they would arrive with a fine or dents upon the car. Nonetheless, a second worry is that the teen will not be arriving at the house at all, due to an accident that may have occurred. Handing a car to a teen is a test of maturity, to see whether or not they can be responsible with their parents' property. With a mixture of good and...
Contract is not a property. Only through some consider supporting the commitment uponwhich of specific performance or damages, whether remedy is available.1
A contractual obligation is a commitment or duty that arises by signing or accepting a contract. An obligation under contract is chosen by the contracting parties through