Discuss, In arbitration, what is the standard of proof in a discharge case?
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Discuss, In arbitration, what is the standard of proof in a discharge case?
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- Discuss any five (5) remedies available to the employees in case of breach of contract. b) With the aid of examples, explain the term vicarious liability.The case of L'Estrange v F Graucob Ltd: Select one: a. Is best known for the legal principles relating to privity of contract b. Is best known for the legal principles relating to conditions and warranties c. Is best known for the legal principles relating to incorporation of terms by signature d. Is best known for the legal principles relating to interpreting exemption clausesDecide each of the following problems: a. A chimney sweep found a jewel and took it to a goldsmith, whose apprentice removed the stone and refused to return it. The chimney sweep sues the goldsmith. b. One of several boys walking along a railroad track found an old stocking. All started playing with it until it burst in the hands of its discoverer, revealing several hundred dollars. The original discoverer claims all of the money; the other boys claim it should be divided equally. c. A traveling salesperson leaving a store notices a parcel of bank notes on the floor. He picks them up and gives them to the owner of the store to keep for the true owner. After three years, they have not been reclaimed, and the salesperson sues the storekeeper. d. Frank is hired to clean the swimming pool at the country club. He finds a diamond ring on the bottom of the pool. The true owner cannot be found. The country club sues Frank for possession of the ring. e. A customer found a pocketbook lying on a…
- 19) The Elle Corporation manufactures fingernail polish. Suzy buys a container of Elle's fingernail polish, applies it to her nails, and suffers a severe allergic reaction. She sues Elle under the implied warranty of merchantability, The test for determining whether Suzy will recover is whether: A) the nail polish she bought was suitable for the needs of the average consumer. B) the nail polish she bought properly performed its function of coloring one's nails. C) such a reaction in an appreciable number of consumers was reasonably foreseeable. D) the ingredient causing the reaction was foreign to the nail polish or natural to it. nating one model, Bobby noticesPerformance (fulfillment of purpose), expiration, destruction or condemnation, death, incapacitation, or bankruptcy, and loss of broker license are all types of agency termination due to: mutual decision broker decision operation of law acts of the partiesHow can a party to a contract be discharged from performance, and what are the legal implications?
- you are a paralegal involved in a real estate sale transaction. the seller of the property is susan t clarke. the title examination of the property reveals that there are five judgments against susan clarke, S.T clarke and sue clarke. you call the seller, susan t clarke and tell her about the judgements. she informs you on the phone that she is not the susan clarke mentioned in the judgements. what do you do to protect the purchaser in the closingWhat is the principle of vicarious liability (respondeat superior)?A contract will be considered illegal from inception where performance can only be pursued via an illegal act. Contracts falling into this category cannot be enforced. Indeed, if a contract is illegal from the start, all contractual parties will not acquire any rights under that contract, regardless of their intentions at formation of the contract. The contract will be void and treated as if it was never created. critically discuss FIVE (5) CONTEMPORARY CASE LAWS related to illegality focusing on the judgments handed down in those cases as it relates to: What was the issue, The facts of the relevant case, The judgment The reasons for the judge’s decision. Finally, in your opinion do you agree or disagree with the decision
- How could an employer create an “implied fact term”?If these policies are not followed, can a breach of the contract be generated?Discuss the claims handling process in a Takaful company. Outline the steps involved, from the notification of a claim to its settlement. Also, explain what measures are taken to prevent fraudulent claims.Reaction to discussion below: Melodee Lane Lingerie Co. was a tenant in a building where alarm systems were maintained by the ADT company. When the systems were defective and allowed water into the building, it damaged Melodee’s property; Then Melodee decided to sue ADT and their defense was that the service contract limited the liability to 10% of the annual service charge given to the customers. The limitation can be valid since the ADT company did not provide much liability protection. The ADT company can offer another protection plan to Melodee, which would cover her property but at a higher price rate. This case limitation of liability clauses will be enacted since ADT company was not fully liable for Melodee's property, which only would cover the limited 10%. A limitation of liability clauses contract states that one of the parties is not fully liable for damages in case of a breach. The ADT company is at fault for the malfunctions in their systems they should offer a higher…