The court referred to previous cases and one in particular, Tonkovic vs. State Farm Mutual. The insured again had requested a disability policy that would pay home mortgage if he became disabled. The insurance agent who was aware of what was being requested, did not make an attempt to inform Tonkovic that this policy would not coincide with the coverage that was being…
The case of Tommy Takem, the owner of Takem’s Appliances & Electronics, LLC against Sally Walker is one of a mistreated sales contract. When Sally Walker purchased the laptop from Takem’s Applicances & Electronics, she entered into a sales contract in which she promised to pay for the laptop. The specific terms of the contract are unknown, as to the price Sally agreed to pay Takem for the laptop, the time period over which the payments would be made, if the contract was written or oral, and so on. It is even unknown whether the contract is even valid at this point. Assuming that at the time Sally purchased the laptop, both she and Takem came to an agreement on all terms, thus entering into a sales contract.…
to not make a UDPTA claim.” Wilson v. Blue Ridge Elec. Mbrshp. Corp., 157 N.C. App. 355, 578 S.E.2d 692 (2003). Dr. Stout was an employee of the Practice and therefore cannot claim the Practice violated the UDPTA. To the extent liability against Health Management and the Hospital is derivative on Dr. Stout’s employment at the Practice, those claims are also barred.…
Third, on September 27, 1982, PSI Cosmetics (defendant), leased a vehicle from Barco Auto (plaintiff). PSI stated that two months later the engine began to smoke and was towed to an authorized dealer. The dealer took over three months to repair a blown motor. The defendants continued making their payments, even though, they had no use of the vehicle. Mr. Golumbia was advised after 300 to 600 miles, he should have the vehicle serviced (retorqued).…
ISSUE Will a plaintiff be able to present a cause of action for tortious interference with a contract under Michigan law, which requires (1) the existence of a contract, (2) a breach of the contract, and (3) an unjustified instigation of the breach by a third party, where there was a contract for the sale of a restored property, the buyer breached this contract by refusing to complete the purchase, and a third party’s statements in a newspaper might have caused the breach? BRIEF ANSWER Yes. Ms. Garcia likely has a cause of action for tortious interference with a contract.…
IN THE CIRCUIT COURT OF THE SEVEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL ACTION CASE NO. COWE-14-010356 (83) Hunter Run Homeowners Association Of Broward county Plaintiff, Vs. Clement Watkins, (Pro Se) Defendant.…
Argument 1. The judgement for Appellee should be affirmed because the Appellant’s mother had apparent authority to consent to the search of the shoebox. Appellant’s mother, Ms. Fallsbauer, demonstrated apparent authority to consent to the search of the shoebox when she stated her prior ownership of the shoebox. (R. at 5.)…
Goal: to write a blog post about legal problems that can occur when selling a home in Florida Total Word Count In This Document: 1039 Title: ? Trouble In Paradise: Six Legal Problems That Can Happen When Selling Your Florida Home?…
Grace case are 2060: Reporting to Senior Management and 2440: Disseminating Results. 2060 discusses the requirement of the chief audit executive to “include [all] significant risk exposures and control issues, including fraud risks, governance issues, and other matters” when reporting to “senior management and the board (Textbook).” Mr. Eatough purposefully evaded reporting an issue of fraud by downgrading the severity of the company’s situation and avoiding the use of the word fraud altogether in his final report to the CFO.…
Nuisance can be separated into private, public and statutory nuisance. Private nuisance is “ the unreasonable use of man of his land to the detriment of his neighbour (Miller v. Jackson [1977] QB 966 (CA); 3 All ER 338) and can only be claimed by the individual affected that has an interest in the land . The potential defendants can be the creators of the nuisance, regardless of whether they are also the occupiers of the property .…
PLAINTIFF’S COMPLAINT AGAINST DANIELS Roosevelt Cannady alleges that on or about April 2, 2015, he was struck by construction scaffolding as he entered a store owned by Saving Incorporated d/b/a Dodge’s Store (Dodge’s Store) and/or Savings Oil Company. He claims that Defendant James Daniels d/b/a ABC Contracting Services (Daniels) was performing construction on the store’s roof at the time, and Daniels’s negligence during construction was the direct and proximate cause of his injuries. On February 26, 2016, Cannady filed a lawsuit against Dodge’s Store, Savings Oil Company, and Daniels. Cannady alleges that Daniels was negligent because he allowed an unsafe condition to exist at the store, knew or should have known of the unsafe condition, and he did not remedy the unsafe condition.…
This essay seeks to discuss the Doctrine of Promissory Estoppel and the Doctrine of Consideration, as well as a clear analysis, with the use of case law, how Promissory Estoppel has become an exception to the general principle that a promise may only be enforced if it is supported by good consideration; it will ultimately conclude whether or not a promise to accept a smaller sum in discharge of a larger sum, if acted upon, is binding notwithstanding the absence of consideration. A contract is a legally binding agreement in law between two or more parties, which is enforced by law or by binding arbitration if it covers the elements of a valid legal agreement. For there to be a valid contract, three elements must be present, offer, acceptance, and consideration. If there is no consideration, there is no contract; however, with promissory estoppel instead of consideration, if there is a promise which induces reliance, the court would find some sort of liability for the promise.…
COMMERCIAL LAW Student number: 1400547; Word count:2,173 words The Sale of Goods Act 1979 is a consolidation of the 1893 act and subsequent legislation which places numerous legal obligations on business sellers apart from the agreed express contractual terms. These terms, although not expressly provided for in the contract are fictionally ‘incorporated’ into the contract for consumer protection and also because the contract does not make any commercial sense without them, they are referred to as implied terms. The statutory implied terms that concern sale of goods are embedded in section 13-15 of the 1979 act and in practice do not affect each other like in Arcos Ltd v E A Ronaasen & Son where the goods were of satisfactory quality and fit…
The American Dream of home ownership was no doubt sucker punched during the Great Recession and became what many wished was a nightmare they could wake from. Deep emotional scars pierced many of all ages who had lost their homes during the housing crisis. As a result, visions were blurred as they wondered whether they would ever be able to own their own home again. People who were fortunate enough to maintain their mortgages saw their home values decline. Trust in our economy was compromised in the process.…
13. INSPECTION OF PREMISES. Lessor and Lessor's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Lessor for the preservation of the Premises or the building. Lessor and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this Lease.…