Question 1 Issues • Whether the hotel is responsible to the negligence. • Whether the exemption clause can exclude its liabilities. Analysis First of all, we need to clarify whether the hotel is responsible to the negligence. To succeed a tort action, the following element must be satisfied: • The defendant owes a legal duty of care to the plaintiff; • The defendant breaches the duty of care; • The plaintiff’s loss or damage is a consequence of the breach of
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the owners of the work completed. 8. If a singer contracts to sing at a party, is the contract released if the singer develops laryngitis just before the party starts? Yes, because of impossibility of performance. 10. What is the theory that the law applies in determing compensatory damages? That an injured party should be compensated for any loss that may have been sustained, but should not be permitted to profit from the other party’s wrongdoing. 11. Why will a court normally deny an order
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contract would be classified as an implied-in-law contract (quasi-contract). Dr. Winkel performed his services and duties to Dr. Vranish for a year even though no contract existed. Therefore, the court would entitle Dr. Winkel the profit-sharing bonus. Pertaining to the second question, Dr. Vranich protest of the altered oral modification of the previous contract not back by writing would not be considered ethical. Based on our text, Montana law states that a written contract can be altered
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A mistake is a false assumption made by one or both parties in the formation of a contract and may be used as grounds to invalidate the agreement. There are three types of mistake in the law of contract. These are common mistake, mutual mistake and unilateral mistake. A common mistake is where both parties hold the same mistaken beliefs of the facts. A common mistake ca only void a contract if the mistake of the subject matter was sufficiently fundamental to render its identity different from
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Chapter 10Homework 1. This would indeed be a contract called an implied-in-fact contract. This is a contract that is implied from the conduct of the parties. Unlike other contracts, the contract was created through the conduct of the parties, not through words. This is what Miller and McCleskey have done. The parties both agreed through their conduct that it was alright for Miller to take the candy bar, which he will pay at a later date. 2. Nursing Services will probably be able to recover
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enforceable agreement. The law of contract in Malaysia is govern by the Contracts Act 1950. In this law each party is free to agree or reject the terms of other. The basic theory in contract law is that the outcome of ‘consenting minds’. Parties are judged on what they have done, written or said and not by what is in their minds. There are three types of contracts which are Void contract- this is the kind of contract which has no legal effects. This contract cannot be enforced by law. This contract may
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formed between Carmen and Martin, the manager of the boutique. Carmen wants to buy the T-shirt shown to her yesterday, but it has been sold out after Carmen left the store yesterday. The topic of the case is about contract. According to the contract law, there are four necessary elements to form contract, which are offer, acceptance, intention and consideration. As for the element offer, there are three important rules to judge if it is an offer, which are certainty of the offer, not invitation to
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advertisement was an offer to anyone who had watched it. In Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 AT 261-2K Lindley LJ [2]said: Advertisement offering rewards are offers to anybody who performs the conditions accepts the offer. In point of law this advertisement is an offer to pay to anybody who will perform these conditions and performance of the conditions is the acceptance of the offer. Communication of acceptance is not necessary for a contract when people's conduct manifests an intention
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Summary Ch.3 An Introduction to Law and Legal Institutions Every country needs a set of rules that should be forced on people to regulate their behavior. This is what LAW is. Back in the years, in medieval Europe, the king had the power to initiate any law, what happened is that the king would choose a set of social norms ( laws of nature) and try to enforce some of them. So, over the years, with many of the King’s laws on crimes, property, and so on, the present court and judges take those
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Hairston v. Alexander Tank and Equipment Co. 311 S.E.2d 559 (N.C. 1984) FACT -Plaintiff: Bettye Hairston (John Hairston’s wife) -Defendant: Haygood Lincoln-Mercury. Inc (Haygood) and Alexander Tank and Equipment Co. -After John Hairston purchased a new car from Haygood, the left rear wheel of his car came off. Since there were no places to park his car, he stopped his car in the far right lane. However, the truck crashed Hairston’s car and he
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