loss. C. Christian was expelled from Weber, and formed his own practice. Certain clients took their business from Weber, Lipshie to Christian. D. Weber, Lipshie sued Christian for liquidated damages, and Christian cross-complained for breach of contract. E. The trial court held that if Weber, Lipshie expelled Christian without good cause, the restrictive covenant would be unreasonable and unenforceable. The trial court granted a new trial on this issue. 3. Issue Whether the measure of damages
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Would you ever consider signing a lease with a “no bankruptcy clause?” Does it help for me to tell you that doing so will not put you in danger should you reach the point where you need to file? I do have to say that any lessor who includes this in their lease is somewhat “questionable”. Payday loan lenders, hard moneylenders, and other small business lenders will frequently include such a clause, but it has no actual legal implications. Dishonest debt collectors quite often try to collect through
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Essay 1 General Rule: UCC Article 2 governs transactions that involve a sale of goods, things that are movable at the time of sale. (Sale of Goods, slide 3). Issue 1: Is this agreement governed by the Common Law of Contracts or the Uniform Commercial Code? Rule: Uniform Commercial Code (UCC): Governs business activities in regards to: Sales, Leases, Negotiable Instruments, Bank Deposits & Collections, Fund Transfers, Letters of Credits, Warehouse Documents, Investment Securities, and Secured
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CITE UCC AS ANALGOUS LAW THAT HAS APPEAL FOR C/L AND REVERSE UNCONTRACTS- Ways to avoid contractual liability other than simply performing the contract. There was no offer-KOON hypo GROG hypo 1. A reasonable person would know I really was joking (objective standard) a. See Lucy (applying the objective standard of assent and holding there was an offer even in the face of many facts that pointed the other way) b. See Pepsico (holding no offer since item offered to large, military
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competing factors - an employee’s freedom to take employment as and when he wishes, and an employer’s interest in preserving certain aspects of his business. Both factors are important, and indeed the law will protect the employer if necessary by the implication of the term fidelity in the contract of employment thereby restraining the employee inter alia from divulging confidential information. However, the employer may wish to go further and extract an express promise from the employee: a)
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International Convention for the Unification of Certain Rules of Law relating to Bills of Lading ("Hague Rules"), and Protocol of Signature (Brussels, 25 August 1924) The President of the German Republic, the President of the Argentine Republic, His Majesty the King of the Belgians, the President of the Republic of Chile, the President of the Republic of Cuba, His Majesty the King of Denmark and Iceland, His Majesty the King of Spain, the Head of the Estonian State, the President of the United
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Ani Martirosyan Business Law 308 Class Number 13239 McGregor V. Crumley 775 N.W.2d 91 (S. Ct. S.D. 2009) Facts: Clint and Paige Crumley lived on a dairy farm in Hand Country, South Dakota. Paige’s parents also worked on the farm. Paige hired someone to work on the farm one time. McGregor operated a feedlot outside of South Dakota. He carried cattle. McGregor started to do business with Clint. Clint ordered a herd of cows from McGregor. When McGregor delivered the cows, Paige handed him the check
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new homes into the HBW program which stated that “…consent to the terms of these documents including the binding arbitration provision contained therein.” The debate now, is whether or not arbitration will still be forced. This dispute, like most law suits, include two sides which both have rational thought processes and arguments. In this essay, both sides will be debated and weighed using a precedent, and the facts given.
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amount of money after the real estate market crash in 1981. Hodgkinson alleges that Simms profited from selling the MURBs and this was not disclosed. • At the Supreme Court of BC, Hodgkinson sued for breach of fiduciary duty and breach of contract and was awarded damages of $350,507.62 – the amount lost on the MURBS. In this case, the judge stated that fiduciary duty is marked by vulnerability and it was established because Simms agreed to act on behalf of Hodgkinson, was in a position to
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SYMBIOSIS LAW SCHOOL, PUNE Constituent of Symbiosis International University, Pune (Accredited by NAAC (UGC) with `A’ Grade) Managerial Economics Internal Assessment REPORT ON ‘LEASE AND HIRE PURCHASE COMPANIES’ Submitted by SIVAGNANAM KARTHIKEYAN ROLL NO: 135 DIV ‘B’ BBA. LLB. BATCH 2013-18 LEASING A lease transaction is a commercial arrangement whereby an equipment owner or Manufacturer conveys to the equipment user the right to use the equipment in return for a rental. In other
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