In that regard, any credible evidence such as a tape recording of the original telephone call or of any subsequent calls referring to the existence of the agreement will suffice to establish the existence of a valid enforceable verbal contract for services to be provided by Eddie. Credible testimony in court from witnesses who actually heard the conversation or to whom either party admitted the existence of the agreement would also establish the existence of a valid and enforceable contract (Halbert & Ingulli, 2008).
If Eddie breaches, Grace would be seeking the remedy of the compensation for any benefit of the bargain lost, such as where she subsequently ends up paying more for the same services. If Grace breaches, Eddie would be seeking his lost profit from the sale of services, in which case he would have to prove that he was unable to rebook the time at the same amount of profit for his time.
Contributory and Comparative Negligence Concepts
By failing to use the crosswalk and by darting out into traffic, the plaintiff was negligent and therefore partially responsible for his own injuries (Freidman, 2005). The driver was also negligent; therefore recovery will depend on state laws with respect to contributory negligence and comparative negligence (Freidman, 2005). Generally, contributory negligence is a common law concept that provides an absolute defense in tort law that extinguishes the responsibility of tortfeasors for harm resulting to a plaintiff who is even partly responsible for his injuries or damages (Freidman, 2005). Because the doctrine can result in unfair outcomes, such as where the...
Business Law: Arbitration Agreements Arbitration in business law is a method used for mediating contradictions between the parties to an agreement. Arbitration agreements make the requirement that the arbitrators, or those who are over the arbitration discussions and the ultimate agreement are neutral parties and in no way in support of either of the parties to the arbitration process. According to one sources arbitration is "one of the dispute resolution processes being
Business Law The Differences between Civil Law and Criminal Law: To a layman who is not familiar with the various concepts of Law, criminal Law may be more familiar because of intense interest in criminal cases that are tried in courts of law and the resulting media coverage. Civil law however, is quite an unknown subject. The differences between the two are many. In criminal law, the government generally files the litigation
Business Law The author of this report has been asked to answer regarding several different legal and/or ethic cases or questions. Those cases/situations are Wrench LLC vs. Taco Bell, California & Hawaiian Sugar Company vs. Sun Ship Inc., the general legal cases and practice of cybersquatting and general ethics. While these cases are controversial and the topic of many scholarly conversations, the outcomes that should have happened are quite clear. Regarding the
Otherwise, employers need no specific reason or excuse to terminate at will employment "at will." Even at will employees probably have legal recourse if fired for refusing to obey a law, but in this case, the "urging" did not have legal authority, so the issue is moot. 3. The Sherman Antitrust Act and the Clayton prohibit such "tying" arrangements where the entity maintains extensive control of product supply. Federal antitrust
Independent dealers must sign a contract that sets forth the manner in which they will operate their rental centers. Often a small business owner will supplement their income be adding U-Hauls to their market mix. Independent contractors earn a commission on their sales. Each division of AMERCO has it own president. All of them must report to a Board of Directors. The Chairman of the Board and overall President is
In the case of Hodge v. Garrett 101 Idaho 397, 614.2d 420 (1980), the buyer wished to purchase land located next to the sellers' drive-in movie theater. One seller signed the contract. The testimony was conflicting as to whether the buyer was told that the remaining members of the sellers' partnership would have to agree to the sale. The buyer brought suit when the sellers refused to sell. The trial
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