Contract Law Case Summary

The plaintiff (Southern Prestige Industries, Inc.) initiated an action against the defendant (Independence Plating Corp.) in a North Carolina state court for a breach of contract. The plaintiff alleged that defects in the defendant’s anodizing process caused the plaintiff’s machine parts to be rejected by Kidde Aerospace. The defendant being a New Jersey corporation and having its only office and all of its personnel situated in the state filed a motion to dismiss citing lack of personal jurisdiction. The trial court denied the motion and the defendant appealed arguing that there were insufficient contacts to satisfy the due process of law requirements

However, the ruling in this case and others like it prove that employers can, in fact, be bound by articles written in an employee handbook when disciplining or discharging an employee. An abysmally written handbook can greatly jeopardize an employer’s right to terminate at will. Trends show that courts are increasingly acknowledging enforceable promises in the past employment practices of firms, in employer handbooks and in oral commitments. In addition to including an at-will disclaimer in employee handbooks, employers should also require employees to sign an acknowledgment confirming that they understand and agree to employment-at-will and that at-will employment can at any time be modified by a written agreement. Personnel manuals should explicitly state that the employer reserves the right to terminate employment at will. All written policies should also be free of any language that could be considered as a guarantee of job security. To be sure that these common pitfalls are avoided employers must retain the service of a labor attorney to draft and air-tight employee manual and acknowledgment

Plaintiff moves this court for an order Terminating child support and alimony. The Plaintiff shows the court that:

Most time, acceptance would be made in clear and loud matters, such as saying “Yes, I accept.” But silence would constitute acceptance of an offer where the common-law and statutory law allows. Supreme Court of Nebraska has confirmed in Joseph Heiting and Sons v. Jacks Bean Co that acceptance may be established by silence or inaction of an offeree and acceptance occurs when the buyer/offeree “does any act inconsistent with the seller/offeror’s ownership...” Neb. U.C.C. section 2-606(1)(c). In Joseph Heiting and Sons v. Jacks Bean Co, 463 N.W.2d 817, 236 Neb. 765 (Neb.,1990), Heiting (Plaintiff) offered to sell its beans at the posted price on September 30, 1987, but was never informed of acceptance or rejection of the offer. Heiting and Jacks

Borden, Inc., 168 F.3d 308, 313 (7th Cir. 1999) (emphasis in original). Hiring an employee to temporarily replace Dobosz does not demonstrate that Quaker Chemical treated other younger, similarly situation employees more favorably, nor does it establish that Quaker Chemical sought a younger employee. The evidence presented by Quaker Chemical only shows that Quaker Chemical hired a temporary employee to fulfil Dobosz’s responsibilities until Dobosz returned to work. Dobosz fails to contradict any of this evidence, nor does he establish that Quaker Chemical sought out a younger temporary employee to take his place. As a result, this Court finds that Dobosz failed to demonstrate that similarly situated employees not in his protected class were treated more

Massachusetts courts have enforced non-compete contractual agreements where necessary to protect trade secrets, confidential data, or the employer’s good will. In doing so, the courts balance the reasonable needs of the former employer against concern for the right of the employee to earn a living. They also take into consideration the public’s interest in not enforcing these agreements if they interfere with ordinary, healthy competition.

Undoubtedly, this had an impact on the school system. Timelines are strictly tracked to ensure compliance. According to DiNapoli and Bleiwas (2008), there are almost 170 different languages spoken in New York. This can make meeting timelines difficulty since children must be tested in their native language. Although it is imperative that students receive the education that they need it can be very difficult to meet timelines in certain

19) The Plaintiff became a State employee on January 2, 2005 with the State of Wyoming Department of Environmental Quality (WYDEQ) as Senior Environmental Analyst, and a permanent State employee on January 2, 2006. The Plaintiff then had a constitutional property right in the employment. The employment contract requires specific compliance and following those requirements is prescribed by due process of law. When those processes are deviated from the Plaintiff has his Constitutional rights violated.

The Alberta Court of Queen’s Bench ruled in favor of Bhasin finding that Can-Am breached the implied duty of good faith, Hrynew intentionally induced breach of contract, and the respondents were liable for civil conspiracy (Bhasin v Hrynew, 2011 ABQB 637; additional reasons in 2011 ABQB 718).

This rent agreement is dated March 8, 2016, and is between Danny Dreadnought of 88 Dusty Road Toowoomba and Hyacinth Smith of 34 Sunrise Street Brisbane, regarding the property at 88 Old Dusty Road, Toowoomba.

After reviewing the case study pertaining to Marshall Petersen, figuring out the legal perspective of things before or if any acts are taken against me is important. In the professional environment, it is not a good reflection on my company if legal actions are pursued against me under false claims. Trying to meet at a common ground are the first initial steps that I will take with Marshall without involving the courts to resolving any issues in regards to my Muscadine products. I would have to know how to resolve the issue without the public views which could create scrutiny and the possibility of decrease in sales because of

Jeremy wants to void the contract at this point and Smooth will obviously resist this. There is an absolutely critical piece of information missing, however, without which a final decision on this case cannot be rendered did Jeremy turn 18 in the interim between signing the contract and making his latest payment?

A restraint of trade clause is a provision inserted into an employment contract to regulate the conduct and activities of an employer and employee once the employment relationship has ended. Often, a restraint of trade provision prohibits a former employee from competing against the business of the employer for a defined period of time after the termination of employment, or within a certain geographical location. Where a restraint of trade is found to be valid but unjust, an employee may seek recourse in equity for relief. Although, there is no one significant equitable remedy for resisting the enforcement of restraint of trade clauses in employment contracts, certain authorities tend to indicate that the most effective equitable remedy is an injunction, paired with declaratory relief.

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The Carlill v Carbolic Smoke ball case is considered as one of the major breakthroughs in modern contract law. This case appeared in England in 1892 and was held in the Court of Appeal in the United Kingdom under the scrutiny of Lord Justice Lindley, Lord Justice A.L Smith and Lord Justice Bowen. It is notable how the judges developed the law in inventive ways. And also the prominence of this case is that Legal principles about unilateral contracts arose from this case.