from his aunt to buy the trains. When Brian retired, he sold his trains to his neighbor, James. Harry sued Brian, claiming breach of contract, or in the alternative, for promissory estoppels. Who wins? Explain your answer. * * * In this case it seems as if Harry has the right to sue Brian. In my opinion what they had was an oral contract in which the contract was breeched at the time Brian decided not to sell the trains to Harry but to sell them to his neighbor James. This would
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Contracts and licenses Contracts and licenses are not themselves intellectual property and are generally considered to be a distinct discipline, not part of the same area of law as intellectual property. Nevertheless, contracts are essential to our system of intellectual property. They are the means by which you share intellectual property. Contracts and licenses are the means by which people let their intellectual property out in a controlled way. Importance Normal people interact with
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without reserve – collateral contract A seller put up two engine analysers for sale by auction, with no reserve. The price of the machines would have been £14,521 each if they had been new. The claimant was a bidder at the auction. He bid £200 for each machine, and was the highest bidder. The auctioneer refused to sell the machines to the claimant for such a low price, despite the ‘no reserve' sale. The claimant brought an action against the auctioneer for breach of contract. 3.合同法案例2 Sullivan
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in a contract with another party, however, the party omits, refuses, or fails to fulfill the remaining conditions of the contract. A Substantial breach will bind the aggrieved party to the conditions of the contract only for the conditions already fulfilled. Material: The failure to perform under the conditions of the contract in a significant way that the failure destroys the value of the contract. A material breach will free the aggrieved party from fulfilling his duty to the contract. The
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By MMArias Contract Wording When parties decide to enter a contract, the parties should meet and agree on the context of the contract. The context of the contract should be worded precisely with the expectation, payment, consequences if contract breached, communication to be held by parties, delivery time, and expectations of the product. When Citizen Schwarz AG and Span Systems decided to do business together, the contract created by both parties contained ambiguous wording that could be
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BUSN 311 Week 8 Final Exam Answers Week Eight Final Exam Part 1 of 1 – 75.0 Points Question 1 of 16 5.0 Points Joe plans to form Joe’s Plumbing, Inc. He enters into a contract with Mary on Monday and then forms his corporation on Tuesday. Joe breaches the contract. Mary sues Joe and Joe’s Plumbing, Inc. for breach of contract. A.Mary will lose the suit against Joe’s Plumbing, Inc. B.Mary will lose the suit against Joe C.Mary will likely win the suit against Joe. D.Joe is protected from liability
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a suit for breach of contract against Masterpiece Construction. Grocery’s request for specific performance is burdensome because Masterpiece Construction does not have enough labor to complete the contract for Grocery, Inc., thus creating a hardship for Masterpiece Construction. The personal service contract is the main reason the courts would not grant such a request because the “courts would find it difficult or impracticable to supervise or monitor performance of the contract” (Cheeseman
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superb workmanship it had displayed in prior projects for Grocery. After beginning the project, Masterpiece finds that it is unable to complete the renovation within the six-month time limit set out in its written contract with Grocery ostensibly due to a sudden increase in new contracts. Masterpiece subcontracts the remainder of the project to Build Them To Fall, LLC. Grocery was unaware of the subcontract and did not approve it. Grocery soon realized (due to the poor quality of work) that Build
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for shareholders' and creditors' suits against CD&A under state common law include: • Breach of contract: The relationship between CD&A and Lestrad is contractual and requires that the CPAs' performance be rendered in a competent manner. The shareholders and creditors may claim breach of contract as third-party beneficiaries of the contract between the CPAs and Lestrad, since it could be held that the contract was entered into for their benefit and therefore they are in privity with the CPAs. •
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Breach of Contract & Remedies 1 Breach of contract Nature of breach A breach of contract occurs where a party to a contract fails to perform, precisely and exactly, his obligations under the contract. This can take various forms for example, the failure to supply goods or perform a service as agreed. Breach of contract may be either actual or anticipatory. Actual breach occurs where one party refuses to form his side of the bargain on the due date or performs incompletely. For example: Poussard
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