...the liquidated damages from Sun Ship? Yes C&H can recover liquidated damages from Sun Ship. C&H had contracted with Sun Ship to deliver a barge on June 30, 1981 they also went under contract with Halter to deliver the tug on April 30, 1981 to the ship yard of Sun Ship. Both entities breached their contract as they failed to deliver by the dates in the contract. Halter completed the tug July 15, 1982 and Sun Ship completed the barge March 16, 1982 and delivery to C&H was in July 1982 they were both more than a year late on the contracted agreement. By having the force majeure Sun would have been entitled to an extension however they were still late and it seems as if there was a lack of good communication between the two contractors. C&H received the $17,000 per day that was agreed upon as liquidated damages this totaled $3,298,000 but it was also determined that they were entitled to $1,105,000 more less the setoffs determined by the district court (leagle.com). C&H went into contract in good faith with Sun Ship and there was a reasonable amount of time to produce and deliver the barge. Sun Ship wanted to blame Halter for the delay but they were both equally responsible for the delays that occurred and should in fact have to pay the liquidated damages since the contract explicitly stated the delivery was to occur on June 30,1981 and the delivery was actual one year late. With this delay business was disrupted to the extent that additional resources were required...
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...Under Fire This week the author was to find an article which describe common contracts and the laws in which the particular contract violated. The law of contracts is one of the most common and important areas of the law that business owners and managers deal with on a day-to-day basis. So it seems like any other business the United States Marine Corps purchased $24 million worth of fire extinguishing systems to be used in their 7 ton Marine Medium Tactical Vehicles (MMTV). Before the installation of all fire extinguishing systems, a pre-deployment check was conducted by the Marine Corps Logistics Base in New Albany Georgia to ensure the safe operation of the automated fire extinguishing systems. IG reported problematic testing for those delivered systems contracted in June of 2011(Seck, 2015). The defective fire extinguishing system could have caused injures, disabilities, and even fatality to those marines caught in the malfunctions of these systems. In the next section the author will discuss some of the violation associated with the defective fire extinguishing system. This was a bilateral contract agreement in which involved two promises and two performances. The Marine Corps paid Company A money for a product. This type contract violation is governed by state statue laws based on the Uniform Commercial Code (UCC) (Melvin, 2011). The author also noticed the Marines started procuring a second order for 3500 fire systems matching the cost of the original order. They were...
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...prevail on a motion for summary judgment? (3 points) Emil moved for summary judgment, claiming that no genuine issue of material fact existed. BK also moved for summary judgment and pointed to evidence in the depositions that appellants knew the coffee was hot and that coffee was purchased and served as a hot beverage. It also contended under the circumstances that Evelyn's and Paul's actions were intervening, superseding causes precluding any actionable negligence on its part. 3. Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points) Christopher Nadel received second degree burns from coffee spilling on his right foot purchased at Burger King by his grandmother Evelyn Nadel. The Nadel’s brought suit against Burger King and franchise owner Emil, Inc, for product liability for a defectively designed product and for failure to warn of the dangers of handling a liquid served as hot as their coffee. The court granted both the Burger King owner and Burger King Corporation request for motion of summary of judgments. The Nadel’s appealed. The court affirmed in part and reversed in part. The summary judgment was wrongly granted on the products liability and related punitive damage claims. Issues of fact remained as to whether the coffee was defective due to the heat at which it was served and whether an adequate warning existed. Because the alleged failure to warn involved a product, not premises, summary judgment was properly granted...
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...fairly successfully maintenance company in Maryland. They have built many strong relationships with building owners for residential and commercial properties throughout the District of Columbia, Maryland, and Virginia. Due to their close relationships with their clients, they often renewal their original written contracts through verbal agreements. As compensation, they receive a monthly payment of $2,000 to $4,000, depending on the size of the building. Moreover, they bill their clients for any equipment of a substantial nature they may need to be replaced, replace old systems, and provide additional services, such as snow removal. Currently, Knarles and Barkley employ four full-time employees to perform various facilities maintenance. One of their employees is a licensed plumber in the District of Columbia. His yearly license renewal is paid by their firm as part of a written agreement at the beginning of his employment four years ago. Subsequently, a second agreement was entered for a period of two years. However, this year, Knarles decides to allow his 17-year old son, Barkley, to handle the renewal of this employee’s contract. Consequently, this contract was not renewed. This year, Knarles is called away for a “green facilities maintenance trade show”. Meanwhile, his young son Barkley is approached by a reputed building owner from northern Virginia, Ian Chetum. Chetum seeks the facilities services from Barkley and his father, Knarles, successful firm. Barkley sends...
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...Law 252 Business Torts — Week One Course Reading Assignment 1 Part One: The "borderland" between tort and contract. Sommer v, Federal Signal Corp., 79 N.Y.2d 540 (1992); IKEA North American Services, Inc. v. Northeast Graphics, Inc., 56 F.Supp.2d 340 (S.D.N.Y. 1999). Part Two: Introduction to the economic loss doctrine. Grams v. Milk Products, Inc., 283 Wis.2d 511 (2005). ' I have edited the cases in this attachment. Le • ' 593 N.E.2d 1365 79 N.Y.2d 540, 593 N.E.2d 1365, 583 N.Y.S2d 957 • (Cite as: 79 N.Y.2d 540, 593 N.E.2d 1365, 583 N.Y.S.2d 957) Page I .'Sommer v. Federal Signal Corp. N.Y.,1992. Court of Appeals of New York. Beverly SOMMER et al., Respondents-Appellants, v. FEDERAL SIGNAL CORPORATION et Respondents-Appellants, andHohnes Protection, Inc., Appellant-Respondent, et al, Defendant (And a Third-Party Action and All Related Consolidated Actions.) May 12,1992. OPINION OF THE COURT KAYE, Judge. substitute-initially understood that 810 wanted normal service restored. But as the brief conversation proceeded, the dispatcher became confused by the caller's repeated insistence that he would "activate" the system and the dispatcher concluded-without attempting to elicit greater clarification from the caller, or any other confirmation-that 810 wanted its system taken out ofservice. Seven to nine minutes later, Holmes began receiving fire signals from the building. However, consistent with his mistaken impression that the system was to be taken out...
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...TEMKO Earthmovers Introduction/Summary Temko Earthmovers is a company that purchases short-block castings. These castings are used to build there R-208 tractor engines. The short-block castings are the major component for building these engines and are responsible for thirteen percent of the purchase price. Temko Earthmovers is currently experiencing Quality issues with their current supplier regarding these castings. Approximately 10 out of 100 units are being repaired and 40 percent of the blocks are being scrapped. This is causing Temko a lot of time and money in trying to repair these defective parts, so Temko’s purchasing manager has released a request for quote for the short block castings. Unfortunately they only had one supplier who was interested that came back with an offer. The supplier that came back with the offer is ACE Manufacturing Inc. ACE is a small start-up company that is looking for work and is willing to invest their time and money in purchasing the precision machinery that will have to be used to make this part for Temko. Could Temko be the right company, to get ACE Manufacturing up and going? And could this supplier be the right fit for Temko in eliminating there future defective issues as well as save the company money? Advantages and Dis-Advantages in Single/Sole Sourcing Advantages * Increased co-operation and communication which improves a win-win relationship between buyers and sellers (This was strongly emphasized in the first video...
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...HOW TO BRIEF A CASE [OR–WHY DIDN’T I CHOOSE TO GO TO MEDICAL SCHOOL] By Dana L. Blatt, Esq. You are just about to start law school. You buy all of your required casebooks [they are about two feet thick–only “slightly” intimidating], and you receive your first assignment. You are simply told, “read the first 100 pages in each book and BRIEF all of the cases!” O.K., you know how to read [hopefully], but what does it mean to “brief” a case? You have heard of “briefcases,” but that is something that you carry around. The last time you sang at a karaoke bar someone may have asked you to be “brief,” but instinctively you know that that is not the kind of brief that is being discussed here. And you may even be wearing “briefs.” But, what is a brief of a case? For that matter, what is a case? The purpose of this article is to teach exactly what briefs are, why they are important, and how to draft them. You will learn most of the various ways to brief a case, the basic elements of each brief, and how briefs are used in various contexts. Additionally, you will read sample cases and briefs of those cases in every format. By the time you finish reading this, you will be so sick of briefs, that you will wish this writing were much briefer! So, now let’s get down to business. What is a case? A “case” starts out as a lawsuit between two or more people. The parties to the lawsuit have a trial and one party wins while the other loses (or possibly there is no...
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...quality cost and supply chain management, such as Srivastava (2008) which gave the first step towards estimating quality cost in a supply chain. They estimated quality costs in monetary terms, according to P-A-F model and used the standard DMAIC (Define–Measure–Analyze–Improve–Control) methodology for analysis of selected third-party contract manufacturing sites of a pharmaceutical company. Ramudhin et al. (2008) also focused on integration of quality cost in the supply chain. Their study presented a mathematical model for a...
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...http://lawecommons.luc.edu/lclr/vol10/iss4/6 This Case Note is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola Consumer Law Review by an authorized administrator of LAW eCommons. For more information, please contact cklink@luc.edu. CASE NOTES Courts split as to whether consumers injured by hot coffee can seek recovery by Zachary Rami Common sense, coffee and consumers clashed recently in McMahon v. Bunn-O-Matic,l wherein the Seventh Circuit Court of Appeals held that a coffee maker manufacturer did not have a duty to warn consumers that its coffee would be served at 180 degrees, and that the coffee maker was not defectively designed. The decision, which affirmed a lower court's entry of summary judgment in favor of the coffee maker manufacturer, is consistent with a majority of courts, which have held in recent years that such claims leave no issue of material fact for trial.' However, not every jurisdiction has routinely dismissed these "coffee" cases. In fact, McMahon referred to Nadel v. Burger King,3 which held that a products liability claim for excessively hot coffee was appropriate for a jury to decide. This Note will discuss the facts and procedural history of McMahon, as well as the Seventh Circuit's ruling on the duty to warn and defectiveness of the product's design. This note will next examine the Ohio Court of Appeals' contrasting decision in Nadel. This comparison will...
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...terms into conditions, warranties or innominate terms. With links to case summaries and law ... Poussard v Spiers - Bettini v Gye - Hong Kong Fir Shipping v ... Warranty - Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Warranty In contract law, a warranty has various meanings but generally means a ... This factual guarantee may be enforced regardless of materiality which allows for a legal .... However, these warranties have terms and conditions which may not match ... Contractual term - Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Contractual_term Not all terms are stated expressly and some terms carry less legal gravity as ... A warranty is less imperative than a condition, so the contract will survive a breach. ... of the contract but it is one that the maker of the statement does not guarantee ... Classification of term - Enforceability - Implied terms - "Subject to" contracts The terms of a contract - The Law Handbook www.lawhandbook.org.au › ... › 12.1 The Law of Contract Jun 30, 2013 - Parties to a contract are bound only by its terms, not by any peripheral statements ... Where the term is a warranty, the wronged party will only be able to seek ... Guarantees, and Chapter 12.3: Consumer Protection Legislation. [PDF]Condition Vs Warranty in a Contract www.jacmac.com.au/.../201204_Condition_vs_Warranty_in_a_Contract.... Apr 1, 2012 - A term of a Contract may be classified as a condition or a warranty. ... A party should always...
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...Kristi Duckett Torts & Personal Injury: PLG-101-1501 Assignment #5 Please write a summary of the facts that has led to this complaint and that are being alleged by the plaintiffs. In this case, action was brought against Merck & Co., Inc. in relation to the drug vioxx also known as rofecoxib. The action taken against Merck was brought forth by plaintiff’s who were injured as a result of taking this drug. The plaintiff’s where the actual ones injured as well as any spouse, child or decedent of a family member who had passed as a result of taking this drug. The drug was believed to relieve symptoms of osteoarthritis. Merck requested on November 23, 1998 that they be allowed to market the drug for human use. Around the 20th of May 1999 the Food and Drug Administration approved the drug to treat and manage acute pain. Vioxx was released and the warning label for the drug was approved by the FDA, claiming that there was a risk of gastrointestinal effects with a risk of GI ulceration, bleeding and perforation. Studies a little later on the drug showed that the drug significantly raised the risk of hypertension and stroke. Merck knew the results of this study but failed to publish the study accurately, therefore failing to warn consumers of the risk. Merck continued to do well and profit extensively by withholding the information that they had. Throughout the following years Merck continued to deny the effects that vioxx had on consumers and ignored many independent...
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...Assignment 1 – International Law 2 Santiago Palacios 500733 & Stijn Derksen 497290 Summary Resemblances and differences between 3 sets of general conditions. Table of Contents Apple 3 1. Scope and definitions 3 2. Orders 3 3. Delivery and Shipment 3 4. Risk and Title 3 5. Acceptance 4 6. Price 4 7. Payment 4 8. Data protection 4 9. Proprietary rights 5 10. Software license 5 11. Export control 5 12. Warranty 5 13. Telephone Support / Contacting Apple 6 14. Limitation of Liability 6 15. Governing law / Jurisdiction 6 16. General Terms 6 16.4. Modification – No modification to this Agreement shall be binding unless in writing and signed by an authorized representative of each party. 7 IKEA Terms and Conditions for Sale of Products 7 Article 1. Definitions 7 Article 2. Application of the Terms and Conditions 7 Article 3. Place of Sale / Performance of Obligations 7 Article 4. Products Subject to Purchase and Sale Contract of Products 7 Article 5. Steps Before Entering into Purchase and Sale Contract 8 Article 6. Entering into Purchase and Sale Contract 8 Article 7. Payment of Purchase Price 8 Article 8. Delivery and Transportation of Products 8 Article 9. Assembly and Installation of Products 9 Article 10. Guaranty of the Quality of Products 9 Article 11. Return Within 90 Days of Purchase 10 Article 12. Repair and Refund for Defective Product 10 Article 13. Exemption 10 Article 14. Customer’s Obligations 11 Article...
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...|Elements of a Contract | | | |Apple’s Contract | | | |11/18/2012 | | | |Iisha Nelson | |[Type the company name] | |Elements of a Contract | |Apple’s Contract | | | |Iisha Nelson | |11/18/2012 ...
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...of it will not involve the entire area. Gemma wants to build a single-car garage and driveway along the present lot boundary. Because of ordinances requiring buildings to be set back fifteen feet from an adjoining property line, and because of the placement of her existing structures, Gemma cannot build the garage. Gemma contracts to purchase ten feet of Wiley’s property along their boundary line for $3,000. Wiley is willing to sell but will give Gemma only a quit claim deed, whereas Gemma wants a warranty deed. I will provide a brief summary below of the differences between these deeds as they would affect the rights of the parties if the title to the ten feet of land later proved to be defective. Different types of deeds provide different degrees of protection against defects of title. A warranty deed contains the most promises of title and thus provides the greatest protection for the buyer. A warranty deed includes six covenants, by which the Grantor is the legal owner of the property and has the right to possess the property. The first three covenants are “Present Covenants” and the second three are referred to as “Future Covenants”. (Contracts 101 - Warranty vs. Quitclaim Deeds Retrieved from http://www.pohlshort.com/CM/Publications/Publications35.asp) Present Covenants warranty that Wiley is the legal owner of the property and has the right to possess it, the right to convey, and the covenant against encumbrances on the land. Future covenants consist of quiet...
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...Intermediate Pricing and Contract Integration Name Professor Institution Course Date TABLE OF CONTENTS CHAPTER PAGE Executive Summary ………...…………………………………………………………………………………… 3 Introduction ……………………………………………………………………………..4 Price Negotiation Memorandums (PNMs) 1. Issuing of government Contracts …….………....………………………………………5 2. Bidding and negotiation ………………….…….…………………………… ………6 3. Negotiation Summary..................................................................................................7 4. Introductory Summary……………………………………………………………….8 5. A tabular summary of price………………………………………………………….10 6. Government Contracting……………………………………………………………10 7. Vertical integration as a contracting technique……………………………………..11 8. Private-public partnerships…………………………………………………………..12 Executive summary This guide acts as a replacement to the earlier Air Force Material Command FAR Supplement with the intention of making it better than its predecessor. The scope of this document is to provide information on the necessities of developing prices and then devising of mechanisms to determine the fairness of the prices. It is with this precedent that the document goes back all the way from the historical behavior of factors that affect the prices up to the...
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