...the doctrine of mistake because there was no mistake the received an email about the agreement that was made between both parties. The only thing that would help is because they did not sign the agreement so it can be avoided Chou would value by having his product dispersed for sale throughout the network of retail that BTT as a board game company had at their disposal. BTT would profit by laying the blame on their cut for dispensing the game to these outlets. At the end of the scenario, BTT states that it is not interested in distributing Chou’s new strategy game, Strat. Assuming BTT and Chou have a contract, and BTT has breached the contract by not distributing the game, discuss what remedies might or might not apply. Compensatory damages – Chou could recover actual out of pocket which may include the original $25,000 due...
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...In the report I’ll analysing the remedies available to a business provider in the event of a breach of contract for the supply of goods and services. What are remedies? Remedies is when one of the parties breaks the terms of the contract, the parties which is injured will be able to gain some form of compensation for the loss of the contract. This is to aimed at ensuring that the injured party has not lost out. Damages There are two types of damages: liquidated damages and un-liquidated dames. Liquidated damages is that in a contract both party agree to pay the damage if one of them breach the contract, such as holiday booking, you have to agree the contract before you sign the papers. Un-liquidate damage is that they didn’t make how is going to pay the damages if an accident happens, they deal with the damage after something happened, this might take them to court because one of the party might don’t agree to pay the damages. Lien Lien is when you own a product and you have sent it away to fix it or for a upgrade, but when it fixed or upgraded you don’t have enough money to pay the fee, the contractor will have the right to keep the product until you have pay the full amount of the payment. Resale Resale can be a ready that occurs when a seller has goods that remain unpaid. For example if one of the customer ordered one of the product deliver to the shop, but he didn’t come to pay for it in time or didn’t inform the shop. The shop could sell it but the customer...
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...engineers for repair by a certain date. Baxendale failed to deliver on the date in question, causing Hadley to lose some business. Hadley sued for the profits he lost due to Baxendale's late delivery, and the jury awarded Hadley damages of £25. Baxendale appealed, contending that he did not know that Hadley would suffer any particular damage by reason of the late delivery. Issue: Whether a defendant in a breach of contract case could be held liable for damages that the defendant was not aware would be incurred from a breach of the contract. Reasoning: The court said no to allowing Hadley to recover lost profits in this case, holding that Baxendale could only be held liable for losses that were generally foreseeable, or if Hadley had mentioned his special circumstances in advance. The mere fact that a party is sending something to be repaired does not indicate that they would lose profits if it was not delivered on time. The court suggested various other circumstances under which Hadley could have entered into this contract which would not have presented such dire circumstances, and noted that where special circumstances do exist, provisions can be made in the contract voluntarily entered into by the parties to impose extra damages for a breach. In this case, however, the court stated: "the loss of profits here cannot reasonably be considered such a consequence of the breach of contract as could have been fairly and reasonably contemplated by both the parties...
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...Pokémon's heaviest hitting attacks rely on a combination of different moves, some more useful than others. This guide outlines some of those move combinations that you can use against an opponent. Use them on the right Pokémon, and they could be extremely dangerous. True Combos In Black & White, there are Combination Moves which are done by using two seperate moves with two of your Pokémon during Double or Triple battles. These moves will then combine and have an added extra effect. These effects vary from simple status afflictions to doing damage to the Pokémon. Only one of the Pokémon will do the damage to the Pokémon selected, but the effect will occur and lasts for several turns Grass Oath + Fire Oath | Moves Required: Grass Oath & Fire OathEffect: When you use the move Grass Oath and then the move Fire Oath during a Double or Triple battle, the move will combine and create a field of fire which causes small amounts of damage to your opponents each turn. | | Fire Oath + Water Oath | Moves Required: Fire Oath & Water OathEffect: When you use the move Fire Oath and then the move Water Oath during a Double or Triple battle, the move will combine and create a a rainbow over the battle area. This move increases the likelihood that any secondary effects will occur when your Pokémon use moves. | | Water Oath + Grass Oath | Moves Required: Water Oath & Grass OathEffect: When you use the move Water Oath and then the move Grass Oath during a Double or Triple...
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...remaining on the note was $402. Mr. Kopp wrote to L & M on behalf of the defendant stating that the business account had been charged the remaining $402 owed by Martinez. The following Monday, both plaintiffs met with Mr. Kopp to explain that the $402 was the personal indebtedness of Martinez rather than a partnership obligation. Mr. Kopp failed to re-credit the business account and with a remaining balance of $3.66, the account was closed. The defendant failed honor nine or ten checks written in the month of March that would have been honored had the defendant not debited the business account $402. A jury awarded the plaintiffs $402, but the plaintiffs appealed claiming the trial court erred in taking from the jury certain questions regarding damages. Issues: (1) Was the trial court proper in taking from the...
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...stir in the group of people and that the consequences were desired. Assault does not necessarily constitute a completed battery (Stephens v Myers (1830) 172 ER 735) so whether or not Bron caused actual physical harm to Caro is irrelevant. Caro would most likely be successful in collecting compensatory damages from Bron for assault considering both apprehension of battery and intent by Bron to cause apprehension are clear. Dee v. Bron Claim against Bron for battery Battery may occur when direct physical contact has arisen from a series of events that are put in motion by the intent of the defendant (Scott v Shepherd (1773) 96 ER 525). Bron would argue that she did not directly touch Dee and Caro was actually the one to physically harm her, but Bron’s actions had a ‘flow on effect’ that led to Dee getting injured. Caro was merely acting out of compulsive necessity for her own safety and therefore, she cannot be held liable. While Bron probably did not intend for Dee to injure herself, Dee’s injury stemmed from her intent to skate into a crowd full of people, so she must be held liable for the consequences. Dee would most likely be successful in collecting compensatory damages from Bron...
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...mentioned to the lawyer that he testified only once before in a divorce case and it was on tax services that he provided. * Calvin signed the engagement letter without carefully reviewing it. (Must importantly he should have reviewed it for any restrictions imposed on use and disclosure of his work, any conflict of interest exist with the attorney, fees and payment arrangements) * If Calvin has reviewed the engagement letter, he would have avoided the issue of independency related to fees, because the fees were tied to the trial results. * Lack of communication with his client, Lack of information (such as Plaintiff was disabled), inadequate examination of the issues presented, and wrong assumptions used for calculating potential damages. (An expert should review and rely on industry practices and professional standards instead of relying on opinion of single individuals. Also, an expert should establish a proper communication with his client in order to enable him to develop a clearer picture of the assumptions used) * He shouldn’t lie about the expert report. (An expert should discuss the report with attorney and list issues that should be addressed) * Calvin does not know the report requirements and failed to include in the report:...
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...his recent award for damages to his personal and professional reputation is taxable. Mr. Murray reported to the Environmental Protection Agency that his employer was illegally dumping chemicals into a river. His charges were true, and Mr. Murray’s employer was fined. In retaliation, Mr. Murray’s employer fired him and made deliberate efforts to prevent Murray from obtaining other employment. Mr. Murray sued the employer, claiming that his reputation had been damaged. Mr. Murray won his lawsuit and received an award for damages to his personal and professional reputation and for his mental suffering. He argues that he was awarded damages as recovery of his human capital and a recovery of capital is not income. Therefore the Federal government does not have the power to tax the award. ISSUES: Is the recent award taxable? Income exclusions: damages on account of personal injury or sickness-physical vs. emotional injury. CONCLUSION: Section 104(a) (2) provides that excludes from gross income the amount of any damages (other than punitive damages) received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal physical injuries or physical sickness. Emotional distress is not considered a physical injury or physical sickness. However, damages for emotional distress attributable to a physical injury or physical sickness are excluded from income under section 104(a) (2), and also excludes damages no in excess of the amount...
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...A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another. Compensatory damages provide a plaintiff with the monetary amount necessary to replace what was lost, and nothing more. They differ from Punitive Damages, which punish a defendant for his or her conduct as a deterrent to the future commission of such acts. In order to be awarded compensatory damages, the plaintiff must prove that he or she has suffered a legally recognizable harm that is compensable by a certain amount of money that can be objectively determined by a judge or jury. One of the more heated issues facing the U.S. legal system during the past quarter century has been the call for reform of states' tort laws. health care providers and other organizations have sought to limit the amount of damages a plaintiff can receive for pain and suffering because they claim that large jury awards in Medical Malpractice cases cause premiums on medical insurance policies to rise, thus raising the overall costs of medical services. California took the lead in addressing concerns with rising medical costs when it enacted the Medical Injury Compensation Reform Act, Cal. Civ. Code § 3333.2 (1997). The act limits the recoverable amount for non-economic loss, such as pain and suffering, to $250,000 in actions based on professional Negligence against certain health care providers. Although the statute has been...
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...The BP oil rig explosion was the second worst disaster in the U.S history, it resulted in the death of 11 employees and seriously injured 16 others, this resulted in one of the largest oil spills in the history of the world, this resulted in the Gulf of Mexico waters being covered in oil which killed thousands of animal life in the area and had a huge affect on the animal life and the eco system in the area. BP lost billions and the ongoing fight to repair the damage done to the environment is still going on. This is a great example of how operations ethically and unethically can affect a business and the environment around them, this disaster should be learnt from and should never be allowed to happen, BP suffered hugely due to this as their public image was destroyed and their relations with the communities living in the area where the explosion happened were extremely bad. D1:2 Impacts on BP BP has paid out due to this disaster up to $5billion to the people who have lost money and have been effected by the oil rig explosion this is not including the money they have lost form the tones of oil that they have lost and also the cleanup operation that they are heading. A disaster like this will have a very long and negative impact on BP as their reputation has been completely destroyed by this disaster and a large amount of the public both investors, customers and just other people in the communities have now pulled away from BP and look at them in an unethical manner due...
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...A revised standard for forensic accountants APES 215 Forensic Accounting Services (Revised December 2013) January 2014 Publication No. 14-01 1 2 2 Introduction APES 215 Forensic Accounting Services (Revised December 2013) Lawyers and barristers working with forensic accountants, and in particular those acting as Expert Witnesses, should be aware that the existing standard, APES 215 Forensic Accounting Services (‘APES 215’ or ‘the Standard’) has been revised. The revisions are designed to ensure the provision of quality and ethical Forensic Accounting Services. In this issue of Forensic Matters, Fionna Oliver-Taylor, a director in our Melbourne office, discusses the key revisions to APES 215, which include: • Guidance on the types of services that constitute Forensic Accounting Services. • Extending the definition of Expert Witness to include Members ‘otherwise obligated’. • Expert Witnesses may provide opinion or Other Evidence. The revised Standard The Australian Professional and Ethical Standards Board (‘the APESB’) revised APES 215 last month (December 2013) to replace the existing standard which was originally issued in December 2008. The revised Standard is effective for Engagements1 or Assignments2 commencing on or after 1 April 2014, with earlier adoption permitted. The revised Standard: • provides assistance to determine whether a particular service is a Forensic Accounting Service and if so, what type • requires the explicit identification of...
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...for the people opinion is that the offer is still open. To make the contract exist between the company and the buyer is when the buyer uses their product even without informing the company about it. 2.) Consideration Both of each party must provide something like money and provision of service. If there are some promises, it should happen before making any agreement for exchanging. Example, when a defendant is being offer by the buyer, he should consider the quality of the product before accepting the offer. This is to avoid any dissatisfactory for them. In the business, if there are any supplier want to introduce their products of goods, the company should inspect the quality of the product before agree to buy it. This is to avoid any damages of the contract which the court cannot support any of their bad decision...
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...In 1982 a consumers products company, Johnson & Johnson's worst nightmare became a deadly reality. seven people in the Chicago area died afte r taking cyanide-spiked pills of Extra- Strength Tylenol. This, with out question hurt the company be ing that the sedative was Johnson & Johnson's best-selling product. Predictions were that the Tyl enol brand, which at the time counted for 17 percent of the company's net income, would n ever salvage their reputation from the damage. But to everyone's amazement, only two months af ter the tragic incident, Tylenol was on its way back on the market. This time reinforced wi th tamper-proof packaging and aided by a comprehensive media campaign. Only after a year Tyleno l's share of the opiate market, climbed back up to 30 percent after plummeting to a mere 7 percent fol lowing the infected tablets. Tylenol proceeded promptly in a constructive fashio n to the crisis. The reasoning behind such a prompt response is because of the company ’ s mission statement. The company ‘ s responsibilities are to the consumers and medical profe ssionals using its products, employees, the communities where its people work and live, and its stockhold ers. Hence, it was crucial to preserve the safety of the public to maintain the company's face. A product recall is the action of reclaiming and replacing damaged products. When a corporation aut horizes a recall, the company or manufacturer swallows the cost of replacing...
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...located in Appendix B of the text. · Answer her questions by identifying the types and locations of policy provisions in Appendix B, and by describing the purpose of each of the provisions: o I’m not clear about my liability coverage on the Ford and Toyota. I don’t understand why they’re different amounts ($100,000 each person, $300,000 each accident, and $50,000 each accident). What does those amounts mean? If I get into an accident, what does this cover? o If I cause an accident in which I get seriously injured and have to pay related medical bills for, say, two years to come, does my policy cover that? o What if my car is struck by a hit-and-run driver? Will the damages to my car be covered? o We get windstorms where I live and I’ve heard of trees falling on people’s cars and causing substantial damage. Will my insurance cover an event like that? o I’m a very private person. What if I was injured in an accident and had to go to the doctor? Would I have to share my medical records with you? o My driving record is less than perfect. Not that I expect this to happen, but can I continue coverage if my license is revoked? For more Assignments visit:...
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...part as a support, gank and pusher roles Types Of Hero in Dota 2 There are a lot of genre in online games, for example real time strategy like dota 2. Here I will classify the types of hero in Dota 2 based on their primary attributes First is the strength heroes,this is the attribute that grants health and health regeneration Strength heroes tend to have more health and thus tend to be able to take more damage than other heroes. Because of this, they often fit into initiator and tank roles. Initiators means that the heroes who can safely and advantageously start a team fight. These heroes typically have strong area of effect damage or disable or some skill to affect the positioning of the enemy team. This tank role means they are heroes who have the potential to sustain large amount of incoming damage from the enemy. They tend to have large amounts of HP, HP regeneration, armor, or magic resistance. They often have abilities to mitigate damage, avoid damage completely, or disable assailants. In addition, heroes with a large amount of strength may greatly increase the damage needed to bring a team down. Second is the agility, the agility primary attribute is a measure of a Hero's swiftness and dexterity. Agility...
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