The court decided the contract was a sale of services and was enforceable because the agreement consisted of a…
Plaintiff at trial was Cellco Partnership, now Appellant. Defendant at trial, Shelby County, now Appellee. Facts: Cellco Partnership, Appellant, originally entered a lease agreement in 1995 with Cellco Partnership (Verizon) allowing an easement to Stonebridge Water Tower. In 2000, Highway 64 learned that Verizon had installed cellular equipment on Stonebridge Water Tower and accused them of trespassing and threatened to file a suit against them. In 2001, Verizon (Cellco Partnership) filed a complaint against Shelby County and Highway 64 seeking a declaratory judgement stating the Verizon has the right to use the gravel access road or a declaratory judgement stating that Shelby County must provide Verizon with access to Stonebridge Water Tower, security from Shelby County to cover liability Verizon incurred from third parties as a result of a breach of the Verizon Lease, and an injunction…
The culling of white pine on Blackstone Lake began in the late 1880s with the arrival of the Conger Lumber Company. Once the commercially viable pine had been fully exploited the process of stripping hemlock trees of their bark for the leather tanning process began on the lake in the spring of 1900. At the time the Rankin Bros., headed by James Rankin on Blackstone, were supplying the Conger Lumber Co. Another sawmill operator in the region was the Mitchell Lumber Co. set up by Thomas Mitchell in 1898 (later this would become in the 1920s the Mitchell-McDonald Lumber Co.). The mill was located west of the CPR railway, on the now Blackstone-Crane Road, producing railway ties and shims from wood obtained south of their mill, from Second and Third Lakes all the way down to Blackstone and…
Mar. 28, 2001), a standard form offer to purchase real estate, when accepted by the seller, constitutes a binding agreement subject to enforcement by specific performance. Specific performance is typically only granted in disputes involving the conveyance of land, due to the unique nature of real property and the inadequacy of money damages. Teri accepted Jack’s offer and the purchase contract they entered into was valid, legal and…
2. What are the elements required to form a contract? Offer and acceptance: • Offer must be specific, complete, capable of acceptance and made with the intention of being bound by acceptance. • An acceptance is a final and unqualified expression of assent to an offer that is made in response to an offer and corresponds with the terms of the offer exactly with no variation of the terms.…
The only exception is when the offer is considered a firm offer, which must be in writing…
THIS AGREEMENT “Agreement” is made on this ___ day of ____ 20___ between Wayne Wannabe, the President and sole employee of Discount Legal Services Inc., to located at 100 N. Navel Ave., Osceola, Pennsylvania and I. M. King of the law firm of King & Queen, P.A. located at 100 S. Navel Ave., Osceola, Pennsylvania as follows: King &Queen, P. A. agrees to employ Wayne Wannabe for paralegal services for an upcoming trail in the matter of the state of STATE OF PENNSYLVANIA v. SPRINKLE which include discount legal service for legal research and document preparation as well as any other consultation services that maybe necessary. King & Queen P. A. agrees to pay Wayne Wannabe $40.00 per hour which will be billed monthly to King & Queen P. A. for all paralegal services rendered during the time of this contracts…
A few factors need to be considered in order to conclude a valid contract has been made between Sam and the national store chain. First, an agreement must contain an offer and acceptance. There must also be consideration, capacity and legality for a contract to…
Collins argued that the contract was ultra vires, which means the contract is “beyond the powers”, thus illustrating that any powers exercised by an officer of the corporation are limited by the constituting, any act outside the limitations are considered ultra vires. Likewise, Collins constructed the lawsuit on the grounds that the construction on the land and building are beyond the power of the board of directors. While Collins believes the contract was on the basis of ultra vires, he did not fully verify the certificate of incorporation. The certification of incorporation has authority approval from the corporation’s board of directors. The certificate of incorporation permits the board of directors to carry out any actions necessary to…
Law: Offer and Acceptance have been defined as follows: Offer and acceptance are means of analysing the process of negotiation to decide whether and when a contract has been made and what therefore constitute its terms. An example of its use to determine if there is a contract is provided by the court in Gibson v Manchester City Council and of determining when it was made and what its terms were in…
Peng, Chen MGMT 3720 Assignment #1 Walt Henderson is a draftsman in Wilson Construction Company. One day he was working on his personal project during company time and caught by his supervisor, Ken Hardy. Walt believes he has right to work on his personal project as long as he has completed all his work. However, Ken doesn’t agree with that because he believes workers are not allowed to do their personal project during company time based on the company rules. Then they had an argument about working at home and while on the company time.…
Lease is a contract renting land, buildings to another; a contract or instrument conveying property to another for a specified period or for a period determinable at the will of either lessor or lessee in consideration of rent or other compensation. Laws relating to the sale of goods, in other words, sales law, have their origin in the common law principles of contracts. Article 2 of the Uniform Commercial Code (UCC), however, which governs sales law, has made changes that meet the needs of merchants and consumers who deal with one another contractually in a modern business world. In effect, the UCC has relaxed the rules relating to sales transactions by removing many of the technical requirements relating to contracts under the common law. Under the UCC, it is now far easier to form a binding sales contract.…
1. INTRODUCTION In this report, it will be explain the authority and limitations of the Society of Construction Law Delay and Disruption Protocol, and an analysis of impact on programming techniques. 2. SOCIETY OF CONSTRUCTION LAW DELAY AND DISRUPTION PROTOCOL…
Professional Contract Formation The idea of creating a contract is to have two or more parties agree to something. This idea is to protect those involved in the exchange. For many circumstances, when dealing with contracts, it can become a hassle, this especially true for agreements without paper written contracts.…
All parties have full understanding of and are willing to enter into the contract. 5.…