claims and counterclaims for breach of contract. Taymor argues that her full creative control of the Spiderman musical, specified in the contracts, was taken away by other writers. She is suing to have her $125,000 fee paid in full and for other damages. Hello Entertainment argues that “commercial impracticability” and “non-performance” from Taymor relieves the producers from their obligations. Hello Entertainment is filing counterclaims against Taymor for breaching the contract in not acting in “good
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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
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director of the company or exited or potential shareholders Promoter can have pre-register contract with third parties, and these contracts can be ratified by the company after the company formed, company also can not ratified the pre-register contract if the promoter breach its duties, such as act for promoters’ own benefit. When Promoter breach its duties and , 1. the company has not affirmed the contract; or 2. the parties can be restored to their original position; or 3. There has
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paid him $25,000 in exchange for exclusive negotiation rights for a 90-day period. The exclusive negotiation agreement stipulated that no distribution contract existed unless it was in writing. Just three days before the expiration of the 90-day period, the parties reached an oral distribution agreement at a meeting. Chou offered to draft the contract that would memorialize their agreement. Before Chou drafted the agreement, a BTT manager sent Chou an e-mail with the subject line “Strat Deal” that
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Petersen DATE: October 14, 2015 SUBJECT: Contract Breach The intent of this mediation memo is to explain the breach of contract by the Muscadine grape producer, with whom l had entered into an agreement with to supply Muscadine grapes for my business. The agreement was supposed to account for a fixed price schedule, and I will delve into the facts of the case to clarify the breach of contract. I will explain the legal issues of the contract breach, request possible restitution, and appeal to
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written contract to buy a second-hand Proton from Esther. The contract did not state the year of the car but Esther described it to Debbie as a 1997 model. In fact it was a 1995 Proton and was worth RM500 less than the price Debbie paid for it. What remedies are open to Debbie? Question 2 Cosmetics Sdn Bhd hired Karen to sell their products in Mont Kiara, a well to do residential area. Among others, some of the clauses in the contract read as follows: ‘it is a condition of this contract that
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In a organization psychological contract is a essential part of positive employee relationship. It requires interaction & communication between employer & employee. Basically psychological contract is the`mutual beliefs, perceptions and informal obligations between an employer and employee (D.Rousseau,1989). It can be distinguished from the legal employment contract. It is the perception of both employee and employer, of what are their mutual obligations towards each others. It can be more influential
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Case Who is suing whom? What is the cause of action? What is being claimed? Who won? Urzi V. Board of Education for the Borough of North York (Icy Sidewalk Case) Parent suing the school board Fall at the schoolyard led to a injury in the knee; fell in Europe leading to a hip fracture from a weak knee Claiming recovering for damages sustained in her second fall Plaintiff aka the Parent Hedley Byrne & Co Ltd. V. Heller and Partners Ltd.
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Issues 1.) Was there a contract between Adam and Pecut Laju Sdn Bhd? 2.) Was there an accident or arise naturally as a result of the breach? 3.) Whether the Adam’s reason is too remote? 4.) Whether Adam will be able to claim the loss from Pecut Laju Sdn Bhd? Law According to the S.74 damages which is the cash compensation by a court or another’s fault or negligence in suffering, the rules for damages can and frequently do vary based on the type of claim which is presented. There are many
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Section 4(3)(a) of the Contract Act 1950 defines that the communication of a revocation is complete as against the person who makes it, when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it. Proposal can be withdraw by communicating the notice of revocation by the proposer to the party to whom the proposal was made. Revocation of offer by post is effective is defined in Section 5(1) of the Contract Act 1950 provides that
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