...retail book value This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 10/1/13 at 1:21:51 PM (EDT). Other information about this vehicle, including problems, may not have been reported to CARFAX. Use this report as one important tool, along with a vehicle inspection and test drive, to make a better decision about your next used car. Price Calculator™ Adjust the value of this 2008 Volvo S40 2.4I based on the information available in this report 1) Retail Book Value 2) CARFAX Price Adjustment™ 3) Adjusted Retail Value Begin by entering the retail book value $ 0 - $70 Below retail book value Enter retail book value here Ownership History The number of owners is estimated Year purchased Type of owner Estimated length of ownership Owned in the following states/provinces Owner 1 2007 Commercial 2 yrs. 9 mo. Texas Owner 2 2010 Personal 1 yr. 11 mo. Texas Owner 3 2012 Personal 1 year Texas Owned in the following states/provinces Estimated miles driven per year Last reported odometer reading 23,597/yr 65,247 7,650/yr 83,534 --86,944 Title History CARFAX guarantees the information in this section Salvage | Junk | Rebuilt | Fire | Flood | Hail | Lemon Not Actual Mileage | Exceeds Mechanical Limits Owner 1 Guaranteed No Problem Guaranteed No Problem Owner 2 Guaranteed No Problem Guaranteed No Problem Owner 3 Guaranteed No Problem Guaranteed No Problem GUARANTEED - None of these major title problems...
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...particulars of grounds and regulations. According to Romans 8:25, “But if we hope for what we do not see, we wait for it with patience” (English Standard Version). With each circumstance, Barney should be able to see clarity in his situation with the legal advice of an attorney to review with him his options based on Statues of North Carolina law. Facts Barney has various assets in his possession. He is an owner of mountain property, a beach house, and antique collector’s car. Barney has four separate legal issues he is bringing to the attention of an attorney. The first dispute is with the son of a business partner of Barney’s. Barney owned some mountain property with 3 other co-owners. The property was purchased as joint tenants with right survivorship. All the other co-owners have passed on. One co-owner has willed his portion to his son who took out a personal loan against his “supposed” portion of the mountain property. Next dispute is with a man who has been living at the mountain property for two decades and is claiming the property is his. Then after visiting his beach property, Barney, discovered that the town had seized his property, to begin allow construction begin on a resort. Lastly, his 1963 Ford Galaxy, was stolen after a scheme to set up a fake valet service up in front of the restaurant Barney was dining at. He does locate the vehicle at a Classic Car Show. The man in the possession of the vehicle refuses to give him back his vehicle till he is reimbursed...
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...Boudreau v. Lin, 1997 12369 (ON SC) 1997-08-20 Case Presentation For INTERNATIONAL BUSINESS LAW PREPARED BY Lewis-Asonye Chigozie 300759315 Ogunsanya Quadri 300771273 Akinola Oluwafemi 300761445 Nwankwo Ifeanyi 300671046 ON MARCH, 26TH 2014. SUBMITTED TO Professor Michael Karambatos Table of Contents Introduction…………………………………………………………………………………...2 Facts...........…………………………………………………………………………………...3 Issues.............................................................................................................…........................6 Rules ….…………...........................………………………………………………………….7 Analysis........................………………………………………………………………………..9 Conclusion….…………………………………………………………………………………11 References…………………………………………………………………………………….12 Introduction Plaintiff: Mr. Paul Boudreau; Counsel: Katherine A. Cotton Defendant: Professor Jimming Lin; Counsel: Daniel Mayo Defendant: University of Ottawa; Counsel: Kathryn Prud’ Homme The case between Mr. Paul Boudreau and Professor Jimming Lin took place in the Ontario Supreme Court (General Division) presided by Métivier J. The hearing was on the March 3, 4, and 5, 1997 while the judgement was rendered on August 20, 1997. The Judges opening remarks to the case:- The plaintiff,...
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...Question | Answer | A break in the chain of title is considered a serious title defect | True | A common owner can waive his or her right to partition | True | A common owner cannot waive his or her right to partition | False | A corporate seller should provide the purchaser with a corporate resolution | True | A deed need not have consideration to be valid | False | A deed that covenants only against the lawful claims of people claiming by, though, or under the grantor is a limited warranty deed | True | A default by a landlord under the lease generally gives the tenant the right to | Sue the landlord for performance | A determination as to whether property is located in a flood hazard zone is made by the title examiner | False | A farm owner who gives a person permission to fish in his lake gives the person | License | A fee simple absolute estate has a potential infinite duration and unrestricted inheritability | True | A fee simple on condition subsequent estate automatically expires on the happening or nonhappening of the event stated in the deed of conveyance or the will creating the estate | False | A fixture is classified as real property | True | A foreign person affidavit is for the benefit of the purchaser | True | A foreign person affidavit is for the benefit of the seller | False | A foreign person affidavit is signed by the purchaser | False | A foreign person affidavit is signed by the seller | True | A hazard waste indemnity found...
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...with a period (2) Whether there were insufficient tons of ores Held: (1) The shipment or local sale of the iron ore is not a condition precedent (or suspensive) to the payment of the balance of P65,000.00, but was only a suspensive period or term. What characterizes a conditional obligation is the fact that its efficacy or obligatory force (as distinguished from its demandability) is subordinated to the happening of a future and uncertain event; so that if the suspensive condition does not take place, the parties would stand as if the conditional obligation had never existed. A contract of sale is normally commutative and onerous: not only does each one of the parties assume a correlative obligation (the seller to deliver and transfer ownership of the thing sold and the buyer to pay the price),but each party anticipates performance by the other from the very start....
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...with other individuals. The way you own your property will affect how it will be classified and who will receive it after your death. Joint of Tenants Rights of Survivorship In North Carolina there are three different types of ways that people can jointly own property together. Those three ways are through tendency by the entirety, joint tenancy and tenancy in common. Under joint tendency everyone involved share an equal stake in the property, meaning no one can own more than the next. In this case Andy, Floyd, Barney and Howard share the property equally. If either party chooses to sell their portion of the property they can. They do not need the approval of the other co-owners of the property to do so. If one of the owners dies the interest will automatically be divided equally amongst the other co-owners. (Brennan & Browne 377) Joint of tenants’ rights of Survivorship explains that when there is a living tenant the property is to be transferred or paid to that living party at your death, the property is not controlled by your will. (Mitchiner 2) Fortunately, Barney would not be accountable to pay any fees and his longtime property would not be foreclosed. If Andy had given the property to his son before he died he would then be liable for the fees and foreclosure but because he left the property to his son in his will is it not valid due to the joint of tenants right to survivorship. The only possible way for Andy to give his son the property legally would have...
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...Ofolue v. Erica Bossert [2008] EWCA Civ 7; discuss the extent to which the provisions of the European Conventions on Human Rights and the Human Rights Act 1998, have impacted the doctrine of adverse possession in England & Wales. I will discuss the cases and the impact which the HRA 1998 and the ECHR have had on the decision making process within the courts with regards to the doctrine of, “adverse possession”, in the UK. Rationale of Adverse Possession in England and Wales. The rationale of adverse possession in England and Wales is that; i. There must be a demarcation in reality on the recognition of claims of ownership of property title. ii. As land is finite and therefore a precious commodity then it should be used to its full potential. The common-law doctrine of adverse possession, gave rise to the ease of appropriation of land ownership by squatters/trespassers. In J.A Pye v Graham, Pye were dispossessed of their title to land via a HOL/Supreme court decision, Pye v Graham [2002] UKHL 30, based upon the legislation within LR Act 1925 and Limitations Act 1980. In particular section 75 of LR Act 1925 transferred the title of land to the factual possessor, (Graham) . In J.A. Pye (Oxford) Ltd v. The United Kingdom (Application No. 44302/02) 30 August 2007, Pye didn’t seek the recovery of the lost land but sought compensation from the UK government for lack of procedural protection which subsequently led to the loss of their property. Mummery LJ stated...
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...Co-development/ Partnership Agreement This Co-development Agreement (hereinafter called the “Agreement”) is entered into by and between [name] [company registration number] [address] (hereinafter called “Party A”) and [name] [company registration number] [address] (hereinafter called “Party B”) 1. Definitions 1.1 As used in the Agreement, the following words have the following meanings when written with a capital first letter: The “Agreement” means this Co-development Agreement, including Appendix A, as may be amended from time to time in accordance with Clause 11.1. “Background Rights” means all Confidential Information and IPR owned by a Party and which are not Foreground Rights. “Confidential Information” means all technical and other information which is not IPR. “Field of Use” means [field of use] in respect of Party A and [field of use] in respect of Party B. “Foreground Rights” means all Confidential Information and IPR which are first generated in the perfor-mance of the Project. “IPR” means patents, utility models, designs, copyrights and any other intellectual property rights of a technical nature anywhere in the world. “Party” or “Parties” means Party A or Party B, individually, or Party A and Party B, collectively. “Product” means [product to be developed under the Project]. “Project” means the project to develop the Product, as set out in Appendix A hereto. 2. Scope 2.1 Party A and Party B hereby...
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...Danone’s entry mode in China Basically, Danone chose joint venture as their entry mode at the early stage of entering Chinese market. More specifically, in 1996, they began a joint venture with the other two companies: Hangzhou Wahaha Group Corparation (Wahaha Group) and a Hong Kong corporation called Bai Fu Qin (Baifu), and formed five new subsidiaries in China. However, it should be noted that Danone and Baifu did not directly invest in the JV, but established Jin jia Investment, a new corporation in Singapore instead with Danone as their controlling shareholder. In this case, Wahaha Group held 49 percent of the entire shares of JV while Jinjia owned the remaining 51 percent. The reasons why Danone decided to form a joint venture rather than a wholly owned subsidiary or other formats can generally be associated with the considerable benefits they may gain from it. Firstly, as a French company who has just entered the Chinese market for no more than 10 years since 1980s at that time, Danone’s knowledge about domestic market was still limited and may face a challenge if they run their business solely. Therefore, it is essential for them to learn from their partner in terms of related market knowledges, such as the competitive conditions, culture, political and business systems in China. Secondly, the partnership enabled Danone to share related costs and risks of developing a new product or process, in turn, led to the increase in their profit margin. It can be generally seen...
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...Misappropriated the proceeds. The buyer (A) resold the car to K the defendant. It was held that A had obtained a good title to the car from the merchantile agent and conveyed a good title to K, the ultimate buyer, and therefore F, the real owner cannot recover the car from K. Transfer Of Title By Estoppels As we have learnt earlier, estoppel arises when a person by his/her words or conduct makes another person believe that certain affairs existed. He/she later on not allowed to deny that such a state of affairs did not exist. Applying this rule to a contract of goods act, where the true owner of the goods by his act or omission leads an innocent buyer to believe that the seller has the authority to sell, later on he may be estoppel from denying the seller’s authority to sell. Section 27 concludes with the remark that the buyer may get a good title if “the owner of the goods is by his conduct precluded from denying the sellers authority to sell.” The basis of estoppel is that it would be unfair or unjust to allow a party to depart from particular state of affairs, which it has permitted another party to believe be true [Central Newbury Car Auction Ltd vs Finance Ltd]. Box 16.3 cites some examples on this count. BOX 16.3 Transfer Of Title By Estoppel Example 1 A selles the goods of B to C in his presence. B does not raise any objection to it. Here C will get a good title. In this case, if B, the real owner subsequently decides to deny A the authority to sell the...
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...actually belongs to and furthermore there is no realistic form of decolonization (Jaimes, p174). It should also be noted that “every other proposed Indian land tenure reform to date has failed to create tribal economies of enfranchised landowners making direct use of their own land (Shoemaker, p49).” There are many underlying problems that are exacerbating the issues suffered by native Americans when it comes to land owner ship. For example, “current rules perversely prohibit Indian possession even if that land is currently not in use at all,” the incentive instead, is for the current land owner to do nothing, thereby eliminating any costs associated with continued ownership because under BIA rules, this attitude is more profitable than to work with a co-owner (Shoemaker, p 449). (See figure 4, for statistics on land ownership) These allotments were intended to allow the tribes to be self-sufficient farmers, but instead, “Indians endure one of the most complicated land tenure systems ever designed, and the smoke and mirrors created by the complex bureaucratic system has, to date, obscured the fact that, more recently, Indian property systems have evolved into an unusual and highly unique form of “property” without any meaningful possession rights for many individual landowners (Shoemaker, p49).” We, as a nation, are going to have to come together and find a way to allow Tribes to develop a “more flexible and coherent tenure system” to ensure that Indians can utilize their lands to the...
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...Is ‘Better Pets’ a partnership? For Better Pets to be a partnership it must contain three elements contained in Section 1(1) of the Partnerships Act 1891 (SA) . The first element is determining whether Better Pets is carrying on a business. A business, under section 1B(1) includes any trade, occupation or profession1. This includes Sophie and her colleague’s professions as a vet surgeon’s and nurses. It is obviously seen that the business is being carried on as the modern style of keyhole surgery is performed by Sophie and her co-worker’s numerous times for over a year, showing the repetitive nature of their business. Better Pets is also leasing their premises from Sophie and her partner, Harry this also shows the intention of ongoing business....
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...Memorandum To: Senior Partner From: Junior associate Re: Robert Langdon Litigation Date: 9th September 2015 ___________________________________________________________________________ Question Presented Robert Landon a construction worker found an old wallet on top of an air duct behind the walls while renovating the second floor of Springfield College of Law. The wallet had $324 dated back to 1972 and no other identification cards. Would Langdon be successful in having the wallet declared to be “lost property” as opposed to “mislaid” and would he be entitled to the money as the finder of the wallet? Brief Answer Robert Langdon will not be successful in having the wallet declared as a lost property and he will have no claim to the money in the wallet. According to the general rule if the property is not found in plain sight and is concealed by some external barrier or there was a substantial effort required to find it, then the property is considered to be mislaid as opposed to lost. This is on the grounds that the owner of the property deliberately hid it in a place where it could not be found easily as opposed to lost property where the owner unintentionally loses his property. In the case of mislaid property, the possession of the property goes to the owner of the premises where it was found. Whereas in the case of lost property, if the property is not claimed by the owner within 12 months, the finder has the claim to the lost property. In this case, the cash was...
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...Nemo Dat Quod Non Habet * As general rule, when a person takes goods, he or she gets only the same rights to the goods as the person from whom he or she took them. This rule is expressed in the Latin maxim nemo dat quod non habet. * This maxim is set out in section 27 of Sale of Goods Act 1957 (hereinafter refer as SOGA) which states that where goods are sold by a person who is not the owner and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods that the seller had even though the buyer has paid the price in good faith. The object of this rule is to protect the right of ownership of the true owner. * In Lim Chui Lai v Zeno Ltd [1964], the issue is whether Ahmad acquires any title to sell the chattels or not. The court held that Ahmad was merely the bailee and not the owner of the chattels at the time he sold them to the appellant. As he had no title to the chattels or authority to sell them, he could not give the appellant any title. * There are some exceptions to the nemo dat quod non habet. The first exception is estoppel. Section 27 of SOGA provides that when the owner of the goods is by his conduct precluded from denying the seller’s authority to sell. The owner by his conduct makes it appear to a buyer that the person who sells the goods has his authority to do so and the buyer act in reliance of it. * In Eastern Distributors Ltd v Goldring [1957], owner of van wanted to...
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...Journal of Financial Economics 3 (1976) 305-360. Q North-Holland Publishing Company THEORY OF THE FIRM: MANAGERIAL BEHAVIOR, AGENCY COSTS AND OWNERSHIP STRUCTURE Michael C. JENSEN and William H. MECKLING* University of Rochester, Rochester, NY 14627, U.S.A. Received January 1976, revised version received July 1976 This paper integrates elements from the theory of agency. the theory of property rights and the theory of finance to develop a theory of the ownership structure of the firm. We define the concept of agency costs, show its relationship to the ‘separation and control’ issue, investigate the nature of the agency costs generated by the existence of debt and outside equity, demonstrate who bears these costs and why, and investigate the Pareto optirnality of their existence. We also provide a new definition of the firm, and show how our analysis of the factors influencing tht- creation and issuance of debt and equity claims is a special case of the supply side of the completeness of markets problem. The directors of such [joint-stock] companies, however, being the managers rather of other people’s money than of their own, it cannot well be expected, that they should watch over it with the same anxious vigilance with which the partners in a private copartnery frcqucntly watch over their own. Like the stewards of a rich man, they are apt to consider attention to small matters as not for their master’s honour, and very easily give thcmsclvcs a dispensation from...
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