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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
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.
Aldo shipped 10 refrigerators to Rafael pursuant to a sales contract under which title to the goods and risk of loss would pass to Rafael upon delivery to Fleet Railroad. The agreed price was $5,000. When the refrigerators were delivered to Rafael, he found they were damaged. An estimate for repairing them showed it would cost up to $1,000, and an expert opinion was to the effect that they were defective when shipped. Rafael put in a claim to Aldo, which Aldo rejected. Rafael then wrote to Aldo, “I don’t like to get into a despite of this nature. I am enclosing my check for $4,000 in full payment of the shipment.” Aldo did not reply, but he cashed the check and then sued Rafael for the $1,000 balance. May he recover? Explain.
In my opinion, if the jury in this case subtracted the contractual claims against the profits, they would have arrived at different damage/entitlement amounts. My guess is Main Line would have been entitled to much less than what was awarded in this case.
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.
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.
Jones was party to the contract and mortgage together with Mrs Jones as surety for her husband, even though Mrs Jones was the actual owner of the property. This produced a legal consequence as it affected the appellants with a conduct on the part of the husband in relation to his wife which raised equities in her favour against the indication of a mortgage. The husband exercised undue influence on Mrs Jones to procure her signature to the mortgage which consisted of no consideration. The plaintiff brought proceedings against the defendant upon a contract to pay interest and principal contained in the mortgage over the property at Walkerville owned by Mrs Jones. It was understood that Mrs Jones executed the mortgage without understanding the effect of the contract and presumed various false misrepresentations. She argued that the mortgage which she s...
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.
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,
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
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.
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.
(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...