The statute of frauds requires that certain types of contracts must be written. The statute of frauds intended purpose is to prevent a party from being able to prove an agreement that is in reality nonexistent through fraud. While different jurisdictions vary in how the statute of frauds is incorporated into law, its principal characteristic is that no suit or action may be taken on a contract
Statute of Frauds The primary purpose of the “Statute of Frauds” (SOF) is to protect the interests of parties once they are involved in litigating a contract dispute (Spagnola, 2008). The relevant statutes are reliant upon state jurisdictions to determine whether the contract falls under the SOF, and whether the writing of the contract satisfies the requirements of the statute of frauds (Spagnola, 2008). However, all contracts are not covered under the SOF. In essence, for a contract to be deemed
Bond is imposed as cash or surety, at the discretion of a judge, with consideration given to a person’s criminal history, the crime charged, one’s ability to pay, their risk to the community, and likelihood to reappear – amongst other factors. A cash bond is paid in full, to the court, and is returned upon conclusion of the case. A surety bond requires the use of a bonding company, which takes a certain percentage of the ordered bond as a non-refundable fee, for posting the bond on your behalf
This paper demonstrates the understanding of zero hour contracts in the context of UK. The contract zero hours is (zero hours contract) a contract of employment that does not guarantee person hours of work. It also contains an exclusivity clause forbidding a person to accept another job. With zero hours contract, one can have the same entitlement, paid in the event of sickness and maternity leave as other workers. The employers sometimes illegally refuse these rights. They cannot give a person enough
Bank guarantees are contractual undertakings generally arranged by banks in order to pay, or to repay a certain sum in case of some default in performance by the principal debtor of a contract with the creditor so as to facilitate the fine flow of trade and commerce in internal and international trade. The purpose of a bank guarantee is to secure all obligations of the contractor under a contract in such a way that it ensures that the owner is compensated in case of non performance without the need
have been presented in previous chapters, they are worth presenting again. What are the major federal laws and policies related to health care fraud? How have these laws and policies been used to control fraud, waste, and abuse in federal health care programs? • What are the impacts of these laws and policies on the war against health care fraud? To address the questions comprehensively, the researcher conducted a historical research that blended the research elements of documentary research
In the United States, healthcare fraud and abuse are significant factor associated with increasing health care costs. It is estimated that federal government spends billions of dollars on the health care cost (Edwards & DeHaven, 2009). Despite the seriousness of fraud and abuse offenses, increasing numbers of healthcare providers are seeking new and more profitable ways to build business relationships. These relationships include hospital mergers, hospital-physician joint ventures, and different
The First issue in this case is whether of not there was assent, a meeting of the minds between Oberon and Puck. The rule for assent is the objective standard of whether one party reasonably believes they had manifested an intent to be bound. However, there is a subjective standard when only one party knew of the other’s intent. For example, in Lucy v. Zehmer, one must look to the outward expression of a person as manifesting his intention rather than to his secret and unexpressed intention. In this
doctrine of secret trusts (STs) have long been upheld by the courts, however, the basis for doing so is unclear and has been a strong area of contention by academics. The two principal suggestions are that they arise to prevent fraud on the part of the trustee – ‘the Fraud Theory’ and that they arise/operate outside the Will so as not to invoke the testamentary formality rules under the Wills Act 1837 (WA) – ‘the Dehors the Will Theory’. Firstly, this essay through the analysis of leading cases and
deter credit card fraud. Many have been created or modified within the past decade and are enforceable by several agencies, such as the Federal Bureau of Investigation (FBI), United States Secret Service (USSS), and the United States Postal Inspection Service (USPIS). Task forces consisting of federal, state, tribal, and local agencies have been formed throughout the U.S. to increase joint-interagency cooperation among criminal investigators and prosecutors. Credit Card Fraud Act (1984) In response
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
1994 for violating wire-fraud statutes, or, in other words, for software piracy. LaMacchia made two websites entitled “Cynosure” and “Cynosure 2,” that were connected to the internet from November 21, 1993 to January 5, 1994. On his websites LaMacchia essentially gave internet users access to MIT’s Athena workstations, which were comprised of many different programs and utilities used at the university. The charges first brought against LaMacchia were for violation of wire-fraud laws, but the case was
The first issue is whether a contract between Sonya and Camille exists. Strictly from the perspective of elements of contract, there likely is a valid contract. However, because the contract is subject to statute of frauds, it is not likely enforceable unless exception applies. The basic elements of a valid contract are: (1) offer; (2) acceptance; and (3) consideration. Offer is an objective manifestation by the offeror to execute a contract which provides the power of acceptance to the offeree.
future referrals, the Medicare statute has been violated.” U.S. v. Greber, 760 F.2d 68, 69 (3rd Cir. 1985), cert. denied, 474 U.S. 988 (1985). The one purpose test has later been adopted by the Fifth, Ninth, and Tenth Circuits. In U.S. v. Bay State Ambulance and Hospital Rental, Inc., the First Circuit instructed the jury to apply the primary purpose test which states that the primary purpose must be improper in order to obtain a conviction under the Anti-Kickback Statute. See U.S. v. Bay State Ambulance
fully aware of this will and when he sensed his grandfather’s intention to make changes to the will, he murdered his grandfather by poisoning him. The majority and dissenting judges agree to the statute which states that “The statute stipulates that anyone named in a will should inherit, except in cases of fraud, duress or incapacity at the time the will was made” (Module 1). The criminal aspect of the case is very clear and Elmer has been sentenced to life imprisonment for the criminal act of murder
Healthcare fraud is a crime that happens when an individual is filling out healthcare claims with the intention to earn a false profit. Health care fraud is mainly committed when a dishonest provider or consumer submits false information to obtain more profit than submitting a claim with right information and obtain the right amount of profit. For example, if an individual alters dates or alter the description of a service that would be considered fraud. Selling prescriptions is also considered fraud. If
crime. False pretenses differs from larceny in that title, and not just ownership of the victim's particular property is obtained by the defendant. The Law United States statutes on this topic are mostly derived from the English statutes, and the courts there in a general method follow the English explanations. The statutes of each state must be referred. Underneath federal law, “procurement of money or property through false pretenses as part of a scheme or artifice to defraud, and using means
Health care organizations, particularly hospitals, currently face numerous legal issues, several of which will be examined in this paper. The first issue to be examined is medical malpractice and the tort system. The medical malpractice and tort system makes up one of the major legal issues encountered by hospitals and health systems. Showalter (2012) states that with the decline of charitable immunity in the 1970s, healthcare was one of the areas impacted by personal injury law and was held liable
The Stark Law Some federal statutes address fraud in government health care programs, and many of these laws vary considerably (Krause 2004). Some of these laws specifically target health care fraud. Example of the laws that the government direct at inappropriate health care activities includes the “Medicare and Medicaid Anti-Kickback Statute and Ethics in Patient Referrals Act (EPRA).” In 1989, Congress enacted the Ethics in Patient Referrals Act. Commonly known as Stark law, Congress named
Did Jim and Laura Buy a Car? Jim and Laura didn't purchase any vehicle according to the case analysis since the elements of the contract in the unwritten contract. Initially, Jim and Laura voluntarily visited Stan the salesman in his dealer shop and willingly agreed to grant Stan a hundred dollars to keep a specified blue four-door sedan car for a day. The existence of the business contract is justified by the essential elements of a contract applied the buyer and the seller that include an offer