...Culberton Vs Brodsky: A Case for Illusory Promise Illusory Promise is said to be a statement, a promise, and or an assurance that appears to assure a person or an entity to do or execute an action or activity and form a contract which, when properly scrutinized, leaves to the speaker the choice of performance or nonperformance, meaning that the speaker is not legally bound to act upon his/her statement. It is a situation whereby the provisions of the promise make the performance of the promise optional or completely within the discretion, pleasure, and control, of the person that made the promise. When this happens, it is believed that there has been nothing promised. Lack of mutuality is a ground for a statement and or promise to be considered illusory promise. If an agreement grants only one party consideration of any kind, the agreement is not considered to be a binding legal contract. For instance, for my colleague to promise to pay my school fees for as long as I want to go to school is not a binding legal agreement; rather it is an illusory promise because, the subject of the promise is not such that asks for anything in return and my colleague does not receive any consideration for the promised payment, and did not form a contract. The Agreement Culberton had a real estate to sell and Brodsky was interested in the estate. They both had an option contract and Brodsky later decided to buy the property, but the offer was turned down by Culbertson. From every...
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...Chris promises Dina $40,000 if she graduates from Eagle College. Dina enrolls in Eagle, attends full-time for four years, and graduates. When Dina asks Chris for $40,000, Chris says, “I don’t remember promising you $40,000. But if there was a promise, it’s not enforceable, because we didn’t bargain for it. And even if there was a promise that would otherwise be enforceable, I revoke it now.” Can Dina enforce Chris’s “promise”? Why or why not? Starting at the beginning we must determine if this is a promise, gift or contract. Consideration distinguishes contracts from gifts. For there to be a contract there must be something of value given in exchange for the promise. In this case, Chris promised $40,000 in exchange for Dina graduating from a specific college, Eagle College. There was apparently a discussion about it that prompted Dina to enroll in and complete the course of study at that school. For the contract to be legally binding, there must be legal sufficiency and adequacy of consideration (fairness). Both the degree and the cash have value in the eyes of the law. We must however consider the fairness of the agreement, what value does Chris get from Dina’s completing school? Uncertain performance is related to promises exchanged when the performance of both parties is uncertain. Unfortunately for Dina, a promise is illusory. Illusory means based on illusion/not real. We should consider if a promissory estoppel could be put into place to enforce the promise...
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...BLT&E-7e: Practice Quiz Chapter 10: Consideration 1. Consideration may be defined as: a. a socially approved way to provide for the poor. b. something of value given in exchange for a promise. c. an arrangement for transferring and allocating risk. d. a way to promote healthy living. Answers: a. Incorrect. This is not a definition of consideration. b. Correct. Consideration is something valuable that a person gives in exchange for a promise of some sort. c. Incorrect. This is a definition of insurance. d. Incorrect. This is not a definition of consideration. 2. Often, consideration is broken down into two parts, something of legal value and: a. some kind of income redistribution. b. some kind of coercive behavior. c. a clear moral hazard. d. a bargained-for exchange. Answers: a. Incorrect. This is not the second part of consideration (although a promise might involve a voluntary redistribution of income). b. Incorrect. Consideration is a necessary component of a contract, and contracts are only valid if they are entered into voluntarily. c. Incorrect. Moral hazards are not the second part of consideration. d. Correct. The second part of consideration is a bargained-for exchange. 3. Liz contracts with Brian. Liz agrees to cook twenty dinners for Brian, in exchange for which Brian will repair all of the plumbing in Liz’s house. In...
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...My holiday with your company did not correspond to what the advertisement claims. Firstly, the advert states that five activities would be offered every day but in fact we were offered only two per day. Secondly, the advert promises one three-day camping expedition to introduce the joys of group-work. Unfortunately, we couldn’t even pitch the tents! Thirdly, it says that our “day off” would be full of the varied, remarkable and relaxing games cited in the leaflet at the residential centre. Actually, the centre was found full so they put us in a youth hostel, instead, some seven kilometres away with no buses and no taxis. For the relaxing games and the remarkable facilities, we were provided with a broken tennis table and used pack of cards. Besides, your company promises comfortable double rooms and memorable delicious meals for accommodation. To our astonishment, the only comfort we found was very dirty bed –clothes and disgusting meals. In general, our holiday was far from the one you had made us expect and the promises you had made us dream of. As a result of all these non-kept promises, I feel like I have been betrayed because I kept my promise of paying you and you did not. The only thing in your leaflet which is true is when you promise in the very introduction that the holiday with you will be an experience we will never forget !!! And it is so. Yours faithfully, Signature. Please find enclosed the facsimile of my...
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...Week 5 -Six Assessed Questions 1. Facts: An English professor puts a comment on a student’s composition which says, “Can’t you write at all? You are writing at a third grade level and will never be able to graduate from this university!” The student is extremely upset and sues the professor for intentional infliction of emotional distress. Issue: Is the English Professor guilty of intentional inflicting emotional distress on the student? Rule: Emotional Distress is a negative emotional reaction. It could be fear, anger, or anxiety caused by another person. Application: The English Professor did write some very ugly comments on the student's paper, but it would be very hard for the student to prove this caused Emotional Distress in court. Also, Emotional Distress is usually used as a defense, not as a way to sue. Had the student been sexually harassed or something of that nature the student would have a much better case. Also, most states do not even consider Emotional Distress in court. Conclusion: The student would not win. At the most the college may terminated the professor. 2. Facts: Dorothy Yu, an employee of Northwest Pipeline Corporation, was found to have in her possession a confidential personnel document that she was not authorized to possess. She admitted possession and identified Enser, who worked in the records department, as the source of the document. Both Yu and Enser were terminated for violating Northwest's confidentiality policy...
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...collection of trains. Harry told Brian that he was building a new room but Brian did not reply and simply smiled. When Brian retired he sold his collection not to Brian but to a neighbor, James. Harry was furious and hurt so he sued Brian. Unfortunately, Harry did not have Brian sign any contract to prove that Brian had an obligation to sell the trains to him. According to the Cheeseman (2010) a contract is “a promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty” (p. 156). The problem is that no one made an offer, and a contract is created if an offer is made and accepted. Therefore, Harry would not have a case against Brian based on spoken contract because no terms were agreed upon. Harry could also argue that because he built the addition to his house and borrowed money from his aunt based on the promise from Brian. Harry suing Brian for his monetary losses is a lost cause even under the equitable claim of promissory estoppel. Again, in the eyes of the law Brian did not “promise” anything to Harry (Cheeseman, 2010). Reference Cheeseman, H. R. (2010). The legal environment of business and online commerce: Business...
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...Jennifer Miller Prof. Fozouni English 101 03/23/2012 Machiavelli and Modern Relationships In the bestial world we live in, men are untrustworthy creatures that are selfish, naïve and only impressed by appearances and results, so anyone of power must act like beasts using force when the laws of man become insufficient and must imitate the cunning fox, instead of relying on the fierceness of lion alone, thus becoming half-man and half-beast. One must also resort to deceit because a person should not and must not keep their promise(s) when the conditions that one made those promise(s) no longer exist. Therefore, any relationship where one has power over another such as a parent and child relationship; the parent can put Machiavelli’s ideas into place for example when a child breaks his or her parent’s rules and the parent resorts to punishment. No man will sustain to the laws set before him when there will not be any repercussions for his actions. A prince’s aim is not to be loved by his masses but merely to avoid hatred from them. In doing so, a prince must learn nature’s way of fighting which is by law or by force. When ones laws prove insufficient he must resort to his beastly instinct of force to make sure his laws are abided by. When a prince combines these principles, he then becomes a creature that is half beast-half man, which enables him to abide by the natures of both. In a parent and child relationship, a parent cannot rely on honesty alone because there would...
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...Теги: Дискотека 80-х | | | (I'll never be) Maria Magdalena | Мария Магдалина | You take my love You want my soul I would be crazy to share your life Why can't you see what I am Sharpen the senses and turn the knife Hurt me and you'll understand I'll never be Maria Magdalena (You're a creature of the night) Maria Magdalena (you're a victim of the fight) (you need love) Promise me delight (You need love) Why must I lie Find alibis When will you wake up and realize I can't surrender to you Play for affection and Win the prize I know those party games too I'll never be Maria Magdalena (You're a creature of the night) Maria Magdalena (you're a victim of the fight) (you need love) Promised me delight (You need love) | Ты берешь мое сердце, Ты желаешь мою душу, Я была бы сумасшедшей, если б разделила с тобой жизнь Почему же ты не видишь, кто я? Заостри чувства и поверни нож, Сделай мне больно — и ты поймешь Я никогда не стану Марией Магдалиной (Ты создание ночи) Мария Магдалина (Ты жертва борьбы) (Ты нуждаешься в моей любви) Пообещай мне, что будешь восхищен (Ты нуждаешься в моей любви) Зачем мне лгать? Я найду оправдания Когда же ты проснешься и осознаешь, Что я не могу сдаться тебе? Играй, чтоб возбудить чувства, И получи награду. И я знаю эти подлые игры. Я никогда не стану Марией Магдалиной (Ты создание ночи) Мария Магдалина (Ты жертва борьбы) (Ты нуждаешься...
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...very interested in politics. But instead of simply blaming young people for passiveness and laziness, we could further examine the reasons for this lack of interest. Voting is considered the most important way of influencing domestic policy and getting one's voice heard. People in general are not as interested in politics as before. And if the parents do not exercise their right to vote, it is understandable that children follow the example of staying home on Election Day. Another reason for the lack of interest in politics among young people could be the fact none of the big parties really promised any changes to the student benefits or educational opportunities. So, who do you vote for, when all the parties promise the same things and when none of those promises actually include you or your interests? Could the reason why young people stay away from politics be that they are kept out? Could it be that the older generations are not interested in the problems of the young and do not care about their ideas? Even if young people were lazy voters, they are still a part of society, and are affected by it. Nowadays, with the help of the Internet, it is easy to...
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...A promise It was 1930 in the small town of Molching, Germany. Lissette Meminger was a twelve year old German girl, who was given up by her Father to live with her foster parents. Her mother, Rosa Meminger, was persecuted for being a communist, while her father, Rick Meminger, was a Jew hiding from the Nazis. Rick looked at her deeply in her eyes with compassion, as he examined her. Her hair was a rich shade of gold, it flowed in waves that adorned her glowing pale skin. Her eyes, framed by long brown lashes, were a bright oceanblue. "I promise that I will come back for you, mark my words. I will come back with your horse ," he blurted with a somber tone. As Lissette proceeded to hug her father goodbye, she looked at him with pleading sight. Her face showed distress and as she closed her eyes, teardrops slowly ran down her face. " I promise that I will be patiently waiting for you, daddy" She sobbed. That was the last time Lissette ever laid eyes on her father. Nine years passed, and the situation in Germany had gotten worse. As the moon continued its orbit, Rick Meminger had started to begin his journey. The cool night breeze whistled softly, blowing lightly through the exhausted mouth of Liz, and Rick. "Come on Liz, don't you want to meet who I named you after, few more meters bud" said Rick as they walk. Rick had grown into an older man, his charcoal-gray hair was oily and un-kept as if he hadn't known...
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...regarding’s to my stay at the Wyndham Resort. I also appreciate the special discount I received for being a valuable customer with your company.. I am writing this letter to ask for a refund for my stay at the resort. During my stay two weeks ago it wasn’t comfortable or pleasing. There was a bad storm in the area which caused our stay to be described as horrible. The winds cause the electricity to go out. We were in our rooms without light for five hours. It was also very hot we didn’t have any access to any type of cooling area except outside of the building. We weren’t able to get food for two days they you promised that was included in our so we had to spend more money out of our pocket. I feel that your expectations and services weren’t promise. I believe that the money-back guarantee is good for a full three weeks after purchase. The receipt for my purchased of my trip as well as additional items such as food and supplies are enclosed for your verification. I think you could have provided a better customer service way in at least apologizing or coming to check up on us to see how we were doing. Thank you very much for time and effort in reading this letter. Sincerely, Shavon...
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...collection of trains. Harry told Brian that he was building a new room but Brian did not reply and simply smiled. When Brian retired he sold his collection not to Brian but to a neighbor, James. Harry was furious and hurt so he sued Brian. Unfortunately, Harry did not have Brian sign any contract to prove that Brian had an obligation to sell the trains to him. According to the Cheeseman (2010) a contract is “a promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty” (p. 156). The problem is that no one made an offer, and a contract is created if an offer is made and accepted. Therefore, Harry would not have a case against Brian based on spoken contract because no terms were agreed upon. Harry could also argue that because he built the addition to his house and borrowed money from his aunt based on the promise from Brian. Harry suing Brian for his monetary losses is a lost cause even under the equitable claim of promissory estoppel. Again, in the eyes of the law Brian did not “promise” anything to Harry (Cheeseman,...
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...hold the individual liable to pay for unjust enrichment. If the individual had no ideal about or was given as a gift the individual would not be liable to pay. 9) Goff Hamel works at the Hasting Family Planning Services and was asked to work for another company. She accepted their offer and gave in her notice for her job that she is quitting. The day before she was going to start one of the owner change their mind and didn’t want to her hire her any more. She sues for promissory estoppel and Hamel will win her case. The promissory estoppel states that a promise which the promisor should reasonably expect to induce action or forbearance on the part of the promise or a third person and which does induce such action or forbearance is blinding if injustice can be avoids only by enforcement of the promise. For Hamel to work for O&G she would have to quit her job current job to join her new job. So she relied on the promise that O&G was giving her a job and quit her other job. At the last minute O&G change their minds and is leaving Hamel without any job because she was promised one. Yes, here case will be successful for suing O&G for promissory estoppel...
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...MGT 434 Week 4 DQ 3 To Buy This material Click below link http://www.uoptutors.com/MGT-434/MGT-434-Week-4-DQ-3 You are the Office Manager for an engineering firm. You interview Patricia for a position as the admin for three engineers and two surveyors. Three weeks after she accepts the job, she calls in sick. She does not bring in a doctors note. Two weeks later, she calls you to tell you that her boy friend”must undergo surgery. She has promised him that the first person he will see upon coming out of anesthesia will be she. She needs to take time off to fulfill her promise. You tell her to report in once she has seen him. One month after that, she comes to you and tells you that she needs an advance on her salary, as she is on the verge of being evicted. You speak with the owner, who says that she can have her check early ONLY this one time. Several days later, she calls on her cell phone. She speaks to one of the engineers and tells him to tell you that a car drove her off the road and the state trooper investigating the case believes that she needs to take the day off to recuperate. The engineer reports this to you. He also tells you that his team has been keeping a diary on her time and attendance. She constantly is leaving her work station, going outside to smoke or talk on has cell phone. She also has told them that she suffers from Crohn’s’ Disease and needs frequent bathroom breaks. You tell her that you would like to speak with her. She tells you, in reply,”Great...
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...have at some point construed Jeremiah 29:11-13 as a promise from God to prosper our individual lives and to offer us hope for the immediate future, myself included. It is printed on coffee mugs and t-shirts, preached to us at church, and offered as an inspirational pick-me-up when we are feeling lost and afraid. We want it to be a personal assurance that God is listening to our supplications, and will come running when we beckon to Him for deliverance from whatever evils hold us captive. While this, in its basest sense, is true—God does hear us and come to our aid when we need Him—in this specific instance, we are entirely missing the point. Without a deeper examination of the original intent of these verses, we fail to see that God is giving a corporate blessing, meant to give hope to a nation during their time of captivity. We are often so self-involved that when we come across verses such as these, we misidentify their true significance. We must focus our thoughts on the bigger picture and understand that not everything God does is specific to us as individuals, especially in the circumstances surrounding the events associated with Jeremiah 29:11-13. “…I was violating the context and completely missing the fact that God was talking to a nation (not an individual), a nation that had to go through seventy years of heartache and exile before there was any hope of freedom from captivity. And if it could not be used as a promise for the immediate future of those who first heard...
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